4 results for "History"

American covenant: how the Constitution unified our nation -- and could again

Levin, Yuval
""The most important voice in the political culture" (Ben Shapiro) reveals the Constitution's remarkable power to repair our broken civic culture, rescue our malfunctioning politics, and unify a fractious America Common ground is hard to find in today's politics. In a society teeming with irreconcilable political perspectives, many people have grown frustrated under a system of government that constantly demands compromise. More and more on both the right and the left have come to blame the Constitution for the resulting discord. But the Constitution is not the problem we face; it is the solution. Blending engaging history with lucid analysis, conservative scholar Yuval Levin's American Covenant recovers the Constitution's true genius and reveals how it charts a path to repairing America's fault lines. Uncovering the framers' sophisticated grasp of political division, Levin showcases the Constitution's exceptional power to facilitate constructive disagreement, negotiate resolutions to disputes, and forge unity in a fractured society. Clear-eyed about the ways that contemporary politics have malfunctioned, Levin also offers practical solutions for reforming those aspects of the constitutional order that have gone awry. Hopeful, insightful, and rooted in the best of our political tradition, American Covenant celebrates the Constitution's remarkable power to bind together a diverse society, reassuring us that a less divided future is within our grasp." -- ONIX annotation.
Basic Books 2024 341 pages

Red, white, and blue: a critical analysis of constitutional law

Tushnet, Mark V.
"The first paperback edition of a classic of American constitutional theory. The book is divided into two parts. In Part I Professor Tushnet appraises the five major competing "grand theories" of constitutional law and interpretation, and, argues that none of them satisfy their own requirements for coherence and judicial constraint. In Part II the author offers a descriptive sociology of constitutional doctrine and raises critical questions as to whether a grand theory is necessary, is it possible to construct a coherent, useful grand theory, and is construction of an uncontroversial grand theory possible? Professor Tushnet's new Afterword is organized in parallel fashion to the original text. Part I offers a new survey of the contemporary terrain of constitutional interpretation. Part II provides an extended discussion of the most prominent of contemporary efforts to provide an external analysis of constitutional law, the idea of regime politics. This includes discussion of major court decisions, including Bush v. Gore and Citizens United"--
University Press of Kansas 2015 357 pages

Madison's music: on reading the First Amendment

Neuborne, Burt
"Are you sitting down? It turns out that everything you learned about the First Amendment is wrong. For too long, we've been treating small, isolated snippets of the text as infallible gospel without looking at the masterpiece of the whole. Legal luminary Burt Neuborne argues that the structure of the First Amendment as well as of the entire Bill of Rights was more intentional than most people realize, beginning with the internal freedom of conscience and working outward to freedom of expression and finally freedom of public association. This design, Neuborne argues, was not to protect discrete individual rights--such as the rights of corporations to spend unlimited amounts of money to influence elections--but to guarantee that the process of democracy continues without disenfranchisement, oppression, or injustice. Neuborne, who was the legal director of the ACLU and has argued numerous cases before the Supreme Court, invites us to hear the "music" within the form and content of Madison's carefully formulated text. When we hear Madison's music, a democratic ideal flowers in front of us, and we can see that the First Amendment gives us the tools to fight for campaign finance reform, the right to vote, equal rights in the military, the right to be full citizens, and the right to prevent corporations from riding roughshod over the weakest among us. Neuborne gives us an eloquent lesson in democracy that informs and inspires."--
The New Press 2015 260 pages

Lions under the throne: essays on the history of English public law

Sedley, Stephen
Francis Bacon wrote in 1625 that judges must be lions, but lions under the throne. From that day to this, the tension within the state between parliamentary, judicial and executive power has remained unresolved. Lions under the Throne is the first systematic account of the origins and development of the great body of public law by which the state, both institutionally and in relation to the individual, is governed.
Cambridge University Press 2015-09-03 295 pages