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The Case Against the Constitution

The Case Against the Constitution Author John F. Manley
ISBN-10 9781315493848
Release 2016-07-08
Pages 260
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This is a collection of 1500 quotes from more than 1000 Supreme Court decisions. These excerpts, dating from the beginning of the Republic, are arranged to include the legislative, judicial, and executive branches; states' rights; due process; free speech; equal rights; and freedom of religion.

The Godless Constitution

The Godless Constitution Author Isaac Kramnick
ISBN-10 039331524X
Release 1997
Pages 191
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Refutes the claims of the religious right that America was founded as a Christian nation, and emphasizes that separation of church and state was designed to guarantee religious freedom

The Case Against the Supreme Court

The Case Against the Supreme Court Author Erwin Chemerinsky
ISBN-10 9780143128007
Release 2015-09-29
Pages 400
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Both historically and in the present, the Supreme Court has largely been a failure In this devastating book, Erwin Chemerinsky—“one of the shining lights of legal academia” (The New York Times)—shows how, case by case, for over two centuries, the hallowed Court has been far more likely to uphold government abuses of power than to stop them. Drawing on a wealth of rulings, some famous, others little known, he reviews the Supreme Court's historic failures in key areas, including the refusal to protect minorities, the upholding of gender discrimination, and the neglect of the Constitution in times of crisis, from World War I through 9/11. No one is better suited to make this case than Chemerinsky. He has studied, taught, and practiced constitutional law for thirty years and has argued before the Supreme Court. With passion and eloquence, Chemerinsky advocates reforms that could make the system work better, and he challenges us to think more critically about the nature of the Court and the fallible men and women who sit on it.

The Conservative Assault on the Constitution

The Conservative Assault on the Constitution Author Erwin Chemerinsky
ISBN-10 1451606354
Release 2010-09-28
Pages 336
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Over the last few decades, the Supreme Court and the federal appellate courts have undergone a dramatic shift to the right, the result of a determined effort by right-wing lawmakers and presidents to reinterpret the Constitution by reshaping the judiciary. Conservative activist justices have narrowed the scope of the Constitution, denying its protections to millions of Americans, exactly as the lawmakers who appointed and confirmed these jurists intended. Basic long-standing principles of constitutional law have been overturned by the Rehnquist and Roberts courts. As distinguished law professor and constitutional expert Erwin Chemerinsky demonstrates in this invaluable book, these changes affect the lives of every American. As a result of political pressure from conservatives and a series of Supreme Court decisions, our public schools are increasingly separate and unequal, to the great disadvantage of poor and minority students. Right-wing politicians and justices are dismantling the wall separating church and state, allowing ever greater government support for religion. With the blessing of the Supreme Court, absurdly harsh sentences are being handed down to criminal defendants, such as life sentences for shoplifting and other petty offenses. Even in death penalty cases, defendants are being denied the right to competent counsel at trial, and as a result innocent people have been convicted and sentenced to death. Right-wing politicians complain that government is too big and intrusive while at the same time they are only too happy to insert the government into the most intimate aspects of the private lives of citizens when doing so conforms to conservative morality. Conservative activist judges say that the Constitution gives people an inherent right to own firearms but not to make their own medical decisions. In some states it is easier to buy an assault rifle than to obtain an abortion. Nowhere has the conservative assault on the Constitution been more visible or more successful than in redefining the role of the president. From Richard Nixon to George W. Bush, conservatives have sought to significantly increase presidential power. The result in recent years has been unprecedented abuses, including indefinite detentions, illegal surveillance, and torture of innocent people. Finally, access to the courts is being restricted by new rulings that deny legal protections to ordinary Americans. Fewer lawsuits alleging discrimination in employment are heard; fewer people are able to sue corporations or governments for injuries they have suffered; and even when these cases do go to trial, new restrictions limit damages that plaintiffs can collect. The first step in reclaiming the protections of the Constitution, says Chemerinsky, is to recognize that right-wing justices are imposing their personal prejudices, not making neutral decisions about the scope of the Constitution, as they claim, or following the "original meaning" of the Constitution. Only then do we stand a chance of reclaiming our constitutional liberties from a rigid ideological campaign that has transformed our courts and our laws. Only then can we return to a constitutional law that advances freedom and equality.

The Federalist

The Federalist Author Alexander Hamilton
ISBN-10 UOM:39015066017362
Release 1948
Pages 456
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The Federalist has been writing in one form or another for most of life. You can find so many inspiration from The Federalist also informative, and entertaining. Click DOWNLOAD or Read Online button to get full The Federalist book for free.

Perfecting the Constitution

Perfecting the Constitution Author Darren Patrick Guerra
ISBN-10 9780739183861
Release 2013-06-10
Pages 256
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He who can change the Constitution controls the Constitution. So who does control the Constitution? The answer has always been: “the people.” The people control the Constitution via the Article V amending process outlined in the Constitution itself. Changes can only be made through Article V and its formal procedures. Article V has always provided a means of perfecting the Constitution in an explicit, democratically authentic, prudent, and deliberative manner. In addition to changing the Constitution Article V also allowed the people to perfect and preserve their Constitution at the same time. In recent years Article V has come under attack by influential legal scholars who criticize it for being too difficult, undemocratic, and too formal. Such scholars advocate for ignoring Article V in favor of elite adaptation of the Constitution or popular amendment through national referendums. In making their case, critics also assume that Article V is an unimportant and expendable part of the Constitutional structure. One notable scholar called the Constitution “imbecilic” because of Article V. This book shows that, to the contrary, Article V is a unique and powerful extension of the American tradition of written constitutionalism. It was a logical extension of American constitutional development and it was a powerful tool used by the Federalists to argue for ratification of the new Constitution. Since then it has served as a means of “perfecting” the US Constitution for over 200 years via a wide range of amendments. Contrary to contemporary critics, the historical evidence shows Article V to be a vital element in the Constitutional architecture, not an expendable or ancillary piece. This book defends Article V against critics by showing that it is neither too difficult, undemocratic, nor too formal. Furthermore, a positive case is made that Article V remains the most clear and powerful way to register the sovereign desires of the American public with regard to alterations of their fundamental law. In the end, Article V is an essential bulwark to maintaining a written Constitution that secures the rights of the people against both elites and themselves.

The Godless Constitution

The Godless Constitution Author Isaac Kramnick
ISBN-10 0393328376
Release 2005
Pages 224
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Refutes the claims of the religious right that America was founded as a Christian nation, and emphasizes that separation of church and state was designed to guarantee religious freedom, in a volume updated with a new chapter exploring the role of religion in public life in George W. Bush's America. Reprint.

The Original Counter Argument

The Original Counter Argument Author Paul Douglas Boyer
ISBN-10 147745067X
Release 2012-09-01
Pages 316
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The Founders warned about placing too much power in the hands of too few people. This book explains the warnings of the Antifederalists, in their own words, simplified into modern English. In its pages you will read some of the most important writings from America's Founders--important but forgotten. It is the greatest case of to the victor go the spoils in American history. The advocates of the United States Constitution won, narrowly, and the counter-argument of the opponents became the losing argument and up until now the lost argument, much to our loss. Why would anyone be opposed to the Constitution, and who were they? A couple of the names of those opponents will be familiar: George Mason for his namesake university's winning basketball team and Patrick Henry for saying "Give me liberty or give me death!" But how many people know that these Founders were opposed to the U.S. Constitution? Does anyone know their reasons for opposing it? They will after reading this book! Included here are some of the most widely read, most significant, and most famous essays, speeches, and letters from the opponents of the Constitution at the time. These writings deserve a much wider audience. They help us know the intended direction for a federated republican government and warn us about the risk of a national government growing out of control. Knowing how we got here requires knowing where we have been. The U.S. as it stands today would certainly be unrecognizable to the Founders in 1787 not just because the U.S. today has 78 times as many people as it did then, but because the federal government probably has much more power than what even the fiercest nationalist at the time could have imagined. In these pages, you will get an idea of just how bitterly the Founders fought over giving power to the new national government. How much more bitterly would they have fought had they known where we would end up today? I had heard that the three most important documents in America's history are the Declaration of Independence, the Constitution, and the Federalist Papers. So after reading the first two, I dutifully grabbed a copy of the Federalist Papers (a free copy downloaded to my iPhone) and started reading. I got through about the third paragraph and gave up. This was not reading, after all, it was a laborious translation process. Those guys 225 years ago sure had a way with words! Fortunately, I came across some versions of the Federalist Papers that had been rephrased for the 21st century. Making these pro-Constitution essays much easier to read was a great idea. But the Federalist Papers only tell one side of the story. Another very important side to it was completely missing. I immediately set out to tell that other side. This is their story... Marking the 225th anniversary of the signing of the Constitution on September 17, 1787, this book reveals the most influential writings and speeches of those Founders who spoke out against the new Constitution of the United States and warned of the big government that would follow. Find out why George Mason, Patrick Henry, and many other prominent Founders opposed the U.S. Constitution! Here are their reasons, translated into modern English. This book includes essays from George Mason, Patrick Henry, Luther Martin, Elbridge Gerry, Edmund Randolph, Mercy Otis Warren, Melancton Smith, Richard Henry Lee, Agrippa, Brutus, Cato, Centinel, Cincinnatus, Federal Farmer, John DeWitt, An Old Whig, and many more. An Essays RePhrased production. My hope is that I have made these important works readable, enjoyable, and informative. They contain valuable lessons that we today should unlock once again for the good of "We, the People," or as Patrick Henry says in his speech, "We, the States."

America s Unwritten Constitution

America s Unwritten Constitution Author Akhil Reed Amar
ISBN-10 9780465029570
Release 2012
Pages 615
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A renowned constitutional scholar explores the little-understood relationship between the written Constitution and the many external factors that shape our interpretations of this foundational document.

The Tough Luck Constitution and the Assault on Health Care Reform

The Tough Luck Constitution and the Assault on Health Care Reform Author Andrew Koppelman
ISBN-10 9780199970049
Release 2013-02-22
Pages 240
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Chief Justice John Roberts stunned the nation by upholding the Affordable Care Act--more commonly known as Obamacare. But legal experts observed that the decision might prove a strategic defeat for progressives. Roberts grounded his decision on Congress's power to tax. He dismissed the claim that it is allowed under the Constitution's commerce clause, which has been the basis of virtually all federal regulation--now thrown in doubt. In The Tough Luck Constitution and the Assault on Health Care Reform, Andrew Koppelman explains how the Court's conservatives embraced the arguments of a fringe libertarian legal movement bent on eviscerating the modern social welfare state. They instead advocate what Koppelman calls a "tough luck" philosophy: if you fall on hard times, too bad for you. He argues that the rule they proposed--that the government can't make citizens buy things--has nothing to do with the Constitution, and that it is in fact useless to stop real abuses of power, as it was tailor-made to block this one law after its opponents had lost in the legislature. He goes on to dismantle the high court's construction of the commerce clause, arguing that it almost crippled America's ability to reverse rising health-care costs and shrinking access. Koppelman also places the Affordable Care Act within a broader historical context. The Constitution was written to increase central power, he notes, after the failure of the Articles of Confederation. The Supreme Court's previous limitations on Congressional power have proved unfortunate: it has struck down anti-lynching laws, civil-rights protections, and declared that child-labor laws would end "all freedom of commerce, and . . . our system of government [would] be practically destroyed." Both somehow survived after the court revisited these precedents. Koppelman notes that the arguments used against Obamacare are radically new--not based on established constitutional principles. Ranging from early constitutional history to potential consequences, this is the definitive postmortem of this landmark case.

A Conspiracy Against Obamacare

A Conspiracy Against Obamacare Author R. Barnett
ISBN-10 9781137363732
Release 2013-11-12
Pages 294
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The Affordable Care Act debate was one of the most important and most public examinations of the Constitution in our history. At the forefront of that debate were the bloggers of the Volokh Conspiracy who, from before the law was even passed, engaged in a spirited, erudite, and accessible discussion of the legal issues involved in the case.

Active Liberty

Active Liberty Author Stephen Breyer
ISBN-10 0307424618
Release 2007-12-18
Pages 176
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A brilliant new approach to the Constitution and courts of the United States by Supreme Court Justice Stephen Breyer.For Justice Breyer, the Constitution’s primary role is to preserve and encourage what he calls “active liberty”: citizen participation in shaping government and its laws. As this book argues, promoting active liberty requires judicial modesty and deference to Congress; it also means recognizing the changing needs and demands of the populace. Indeed, the Constitution’s lasting brilliance is that its principles may be adapted to cope with unanticipated situations, and Breyer makes a powerful case against treating it as a static guide intended for a world that is dead and gone. Using contemporary examples from federalism to privacy to affirmative action, this is a vital contribution to the ongoing debate over the role and power of our courts. From the Trade Paperback edition.

The Con of the Con Con

The Con of the Con Con Author Andy Biggs
ISBN-10 0984222316
Release 2014-12-15
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The Con of the Con Con has been writing in one form or another for most of life. You can find so many inspiration from The Con of the Con Con also informative, and entertaining. Click DOWNLOAD or Read Online button to get full The Con of the Con Con book for free.

Fidelity to Our Imperfect Constitution

Fidelity to Our Imperfect Constitution Author James E. Fleming
ISBN-10 9780199793372
Release 2015-08-14
Pages 256
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In recent years, some have asked "Are we all originalists now?" and many have assumed that originalists have a monopoly on concern for fidelity in constitutional interpretation. In Fidelity to Our Imperfect Constitution, James Fleming rejects originalisms-whether old or new, concrete or abstract, living or dead. Instead, he defends what Ronald Dworkin called a "moral reading" of the United States Constitution, or a "philosophic approach" to constitutional interpretation. He refers to conceptions of the Constitution as embodying abstract moral and political principles-not codifying concrete historical rules or practices-and of interpretation of those principles as requiring normative judgments about how they are best understood-not merely historical research to discover relatively specific original meanings. Through examining the spectacular concessions that originalists have made to their critics, he shows the extent to which even they acknowledge the need to make normative judgments in constitutional interpretation. Fleming argues that fidelity in interpreting the Constitution as written requires a moral reading or philosophic approach. Fidelity commits us to honoring our aspirational principles, not following the relatively specific original meanings (or original expected applications) of the founders. Originalists would enshrine an imperfect Constitution that does not deserve our fidelity. Only a moral reading or philosophic approach, which aspires to interpret our imperfect Constitution so as to make it the best it can be, gives us hope of interpreting it in a manner that may deserve our fidelity.

Against Obligation

Against Obligation Author Abner Greene
ISBN-10 9780674065178
Release 2012-04-13
Pages 333
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Greene argues that citizens are not morally obligated to obey the law and that officials need not follow prior or higher authority when reading the Constitution. The sources of authority in a liberal democracy are multiple—the law must compete with other norms. Constitutional meaning is not locked in, historically or by the Supreme Court.

The Naked Constitution

The Naked Constitution Author Adam Freedman
ISBN-10 9780062094650
Release 2012-10-09
Pages 368
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“In this very entertaining and informative book, Freedman skewers those who have judicially rewritten the Constitution at the expense of our individual liberties. Well-researched and full of historical insight.” —David Limbaugh, author of The Great Destroyer: Barack Obama’s War on the Republic Conservative legal scholar Adam Freedman has written a spirited manifesto on the need to recover the original meaning of America’s Constitution—an intelligent, incisive examination of what our nation’s founding fathers actually wrote in this all-important document and why it still matters today. Freedman’s The Naked Constitution offers a lively defense of “original intent” in the vein of the Glen Beck bestseller The Original Argument, while decrying the current distortions and misrepresentations that will come into play as high profile lawsuits concerning such issues as healthcare, immigration, and gay marriage begin reaching the Supreme Court.

Same Sex Marriage and the Constitution

Same Sex Marriage and the Constitution Author Evan Gerstmann
ISBN-10 9781107174290
Release 2017-06-30
Pages 288
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A clearly written and accessible explanation of the Supreme Court's same-sex marriage decision, its reasoning, and the consequences and controversies surrounding it.