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Author: J. M. Balkin Publisher: Harvard University Press ISBN: 0674058747 Category : History Languages : en Pages : 305
Book Description
Political constitutions are compromises with injustice. What makes the U.S. Constitution legitimate is Americans’ faith that the constitutional system can be made “a more perfect union.” Balkin argues that the American constitutional project is based in hope and a narrative of shared redemption, and its destiny is still over the horizon.
Author: J. M. Balkin Publisher: Harvard University Press ISBN: 0674058747 Category : History Languages : en Pages : 305
Book Description
Political constitutions are compromises with injustice. What makes the U.S. Constitution legitimate is Americans’ faith that the constitutional system can be made “a more perfect union.” Balkin argues that the American constitutional project is based in hope and a narrative of shared redemption, and its destiny is still over the horizon.
Author: Jack M. Balkin Publisher: Harvard University Press ISBN: 0674063031 Category : Law Languages : en Pages : 481
Book Description
Originalism and living constitutionalism, so often understood to be diametrically opposing views of our nation’s founding document, are not in conflict—they are compatible. So argues Jack Balkin, one of the leading constitutional scholars of our time, in this long-awaited book. Step by step, Balkin gracefully outlines a constitutional theory that demonstrates why modern conceptions of civil rights and civil liberties, and the modern state’s protection of national security, health, safety, and the environment, are fully consistent with the Constitution’s original meaning. And he shows how both liberals and conservatives, working through political parties and social movements, play important roles in the ongoing project of constitutional construction. By making firm rules but also deliberately incorporating flexible standards and abstract principles, the Constitution’s authors constructed a framework for politics on which later generations could build. Americans have taken up this task, producing institutions and doctrines that flesh out the Constitution’s text and principles. Balkin’s analysis offers a way past the angry polemics of our era, a deepened understanding of the Constitution that is at once originalist and living constitutionalist, and a vision that allows all Americans to reclaim the Constitution as their own.
Author: Paul E. Herron Publisher: University Press of Kansas ISBN: 0700624376 Category : Political Science Languages : en Pages : 376
Book Description
The South was not always the South. In the eighteenth and early nineteenth centuries, those below the Potomac River, for all their cultural and economic similarities, did not hold a separate political identity. How this changed, and how the South came to be a political entity that coheres to this day, emerges clearly in this book—the first comprehensive account of the Civil War Era and late nineteenth century state constitutional conventions that forever transformed southern politics. From 1860 to the turn of the twentieth century, southerners in eleven states gathered forty-four times to revise their constitutions. Framing the Solid South traces the consolidation of the southern states through these conventions in three waves of development: Secession, Reconstruction, and Redemption. Secession conventions, Paul Herron finds, did much more than dissolve the Union; they acted in concert to raise armies, write law, elect delegates to write a Confederate Constitution, ratify that constitution, and rewrite state constitutions. During Reconstruction, the national government forced the southern states to write and rewrite constitutions to permit re-entry into the Union—recognizing federal supremacy, granting voting rights to African Americans, enshrining a right to public education, and opening the political system to broader participation. Black southerners were essential participants in democratizing the region and reconsidering the nature of federalism in light of the devastation brought by proponents of states’ rights and sovereignty. Many of the changes by the postwar conventions, Herron shows, were undermined if not outright abolished in the following period, as “Redeemers” enshrined a system of weak states, the rule of a white elite, and the suppression of black rights. Southern constitution makers in all three waves were connected to each other and to previous conventions unlike any others in American history. These connections affected the content of the fundamental law and political development in the region. Southern politics, to an unusual degree, has been a product of the process Herron traces. What his book tells us about these constitutional conventions and the documents they produced is key to understanding southern history and the South today.
Author: Marshall L. DeRosa Publisher: Pelican Publishing ISBN: 9781589804722 Category : Constitutional law Languages : en Pages : 0
Book Description
How to bring the power back to the people be decentralization. The warring ideas of centralization and decentralization are at the core of modern political debates about the national economy, U.S. foreign policy, and citizens' cultural values-just as they were among our Founding Fathers. With the election of Abraham Lincoln, the concept and practice of centralization in U.S. government gained power. In contrast, the Confederate constitution carried decentralization even further than the original Constitution and added a number of features that could stand us in good stead in this time of big government and excessive rules.
Author: Patrick G. Williams Publisher: Texas A&M University Press ISBN: 1603444890 Category : History Languages : en Pages : 246
Book Description
Though Lyndon Johnson developed a reputation as a rough-hewn, arm-twisting deal-maker with a drawl, at a crucial moment in history he delivered an address to Congress that moved Martin Luther King Jr. to tears and earned praise from the media as the best presidential speech in American history. Even today, his voting rights address of 1965 ranks high not only in political significance, but also as an example of leadership through oratory.
Author: Michael S. Greve Publisher: Harvard University Press ISBN: 9780674061910 Category : Political Science Languages : en Pages : 0
Book Description
Over the course of the nation’s history, the Constitution has been turned upside-down, Michael Greve argues in this provocative book. The Constitution’s vision of a federalism in which local, state, and federal government compete to satisfy the preferences of individuals has given way to a cooperative, cartelized federalism that enables interest groups to leverage power at every level for their own benefit. Greve traces this inversion from the Constitution’s founding through today, dispelling much received wisdom along the way. The Upside-Down Constitution shows how federalism’s transformation was a response to states’ demands, not an imposition on them. From the nineteenth-century judicial elaboration of a competitive federal order, to the New Deal transformation, to the contemporary Supreme Court’s impoverished understanding of constitutional structure, and the “devolution” in vogue today, Greve describes a trend that will lead to more government and fiscal profligacy, not less. Taking aim at both the progressive heirs of the New Deal and the vocal originalists of our own time, The Upside-Down Constitution explains why the current fiscal crisis will soon compel a fundamental renegotiation of a new federalism grounded in constitutional principles.
Author: Ken I. Kersch Publisher: Cambridge University Press ISBN: 0521193109 Category : History Languages : en Pages : 431
Book Description
Recovers a contested, evolving tradition of conservative constitutional argument that shaped the past and is bidding to make the future.
Author: Bruce E. Stewart Publisher: University of Virginia Press ISBN: 081394371X Category : History Languages : en Pages : 312
Book Description
For many common people, the American Revolution offered an opportunity to radically reimagine the wealth and power structures in the nascent United States. Yet in the eyes of working-class activists, the U.S. Constitution favored the interests of a corrupt elite and betrayed the lofty principles of the Declaration of Independence. The discontent of these ordinary revolutionaries sparked a series of protest movements throughout the country during the 1780s and 1790s. Redemption from Tyranny explores the life of a leader among these revolutionaries. A farmer, evangelical, and political activist, Herman Husband (1724-1795) played a crucial role in some of the most important anti-establishment movements in eighteenth-century America--the Great Awakening, the North Carolina Regulation, the American Revolution, and the Whiskey Rebellion. Husband became a famous radical, advocating for the reduction of economic inequality among white men. Drawing on a wealth of newly unearthed resources, Stewart uses the life of Husband to explore the varied reasons behind the rise of economic populism and its impact on society during the long American Revolution. Husband offers a valuable lens through which we can view how "labouring, industrious people" shaped--and were shaped by--the American Revolution.
Author: Jack M. Balkin Publisher: Oxford University Press ISBN: 0197531016 Category : Law Languages : en Pages : 246
Book Description
What will happen to American democracy? The nation's past holds vital clues for understanding where we are now and where we are headed. In The Cycles of Constitutional Time, the eminent constitutional theorist Jack Balkin explains how America's constitutional system changes through the interplay among three cycles: the rise and fall of dominant political parties, the waxing and waning of political polarization, and alternating episodes of constitutional decay and constitutional renewal. If America's politics seems especially fraught today, it is because we are nearing the end of the Republican Party's political dominance, at the height of a long cycle of political polarization, and suffering from an advanced case of what he calls "constitutional rot." In fact, when people talk about constitutional crisis, Balkin explains, they are usually describing constitutional rot--the historical process through which republics become less representative and less devoted to the common good. Brought on by increasing economic inequality and loss of trust, constitutional rot threatens our constitutional system. But Balkin offers a message of hope: We have been through these cycles before, and we will get through them again. He describes what our politics will look like as polarization lessens and constitutional rot recedes. Balkin also explains how the cycles of constitutional time shape the work of the federal courts and theories about constitutional interpretation. He shows how the political parties have switched sides on judicial review not once but twice in the twentieth century, and what struggles over judicial review will look like in the coming decades. Drawing on literatures from history, law, and political science, this is a fascinating ride through American history with important lessons for the present and the future.
Author: Joseph Rosenbloom Publisher: Beacon Press ISBN: 0807083380 Category : History Languages : en Pages : 218
Book Description
An “immersive, humanizing, and demystifying” look at the final hours of Martin Luther King, Jr.’s life as he seeks to revive the non-violent civil rights movement and push to end poverty in America (Charles Blow, New York Times). “King comes to life in death—a courage ever so inspiring.” —Ibram X. Kendi, author of Stamped from the Beginning At 10:33 a.m. on April 3, 1968, Dr. Martin Luther King, Jr., landed in Memphis on a flight from Atlanta. A march that he had led in Memphis six days earlier to support striking garbage workers had turned into a riot, and King was returning to prove that he could lead a violence-free protest. King’s reputation as a credible, non-violent leader of the civil rights movement was in jeopardy just as he was launching the Poor Peoples Campaign. He was calling for massive civil disobedience in the nation’s capital to pressure lawmakers to enact sweeping anti-poverty legislation. But King didn’t live long enough to lead the protest. He was fatally shot at 6:01 p.m. on April 4 in Memphis. Redemption is an intimate look at the last thirty-one hours and twenty-eight minutes of King’s life. King was exhausted from a brutal speaking schedule. He was being denounced in the press and by political leaders as an agent of violence. He was facing dissent even within the civil rights movement and among his own staff at the Southern Christian Leadership Conference. In Memphis, a federal court injunction was barring him from marching. As threats against King mounted, he feared an imminent, violent death. The risks were enormous, the pressure intense. On the stormy night of April 3, King gathered the strength to speak at a rally on behalf of sanitation workers. The “Mountaintop Speech,” an eloquent and passionate appeal for workers’ rights and economic justice, exhibited his oratorical mastery at its finest. Redemption draws on dozens of interviews by the author with people who were immersed in the Memphis events, features recently released documents from Atlanta archives, and includes compelling photos. The fresh material reveals untold facets of the story including a never-before-reported lapse by the Memphis Police Department to provide security for King. It unveils financial and logistical dilemmas, and recounts the emotional and marital pressures that were bedeviling King. Also revealed is what his assassin, James Earl Ray, was doing in Memphis during the same time and how a series of extraordinary breaks enabled Ray to construct a sniper’s nest and shoot King.
Author: J. M. Balkin
Author: J. M. Balkin
Author: Jack M. Balkin
Author: Paul E. Herron
Author: Marshall L. DeRosa
Author: Patrick G. Williams
Author: Michael S. Greve
Author: Ken I. Kersch
Author: Bruce E. Stewart
Author: Jack M. Balkin
Author: Joseph Rosenbloom