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We the People Volume 2

We the People  Volume 2 Author Bruce Ackerman
ISBN-10 9780674003972
Release 2000-09-15
Pages 528
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Volume 3, Publisher description: The Civil Rights Revolution carries Bruce Ackerman's sweeping reinterpretation of constitutional history into the era beginning with Brown v. Board of Education. From Rosa Parks's courageous defiance, to Martin Luther King's resounding cadences in "I Have a Dream," to Lyndon Johnson's leadership of Congress, to the Supreme Court's decisions redefining the meaning of equality, the movement to end racial discrimination decisively changed our understanding of the Constitution. Ackerman anchors his discussion in the landmark statutes of the 1960s: the Civil Rights Act of 1964, the Voting Rights Act of 1965, and the Fair Housing Act of 1968. Challenging conventional legal analysis and arguing instead that constitutional politics won the day, he describes the complex interactions among branches of government--and also between government and the ordinary people who participated in the struggle. He showcases leaders such as Everett Dirksen, Hubert Humphrey, and Richard Nixon who insisted on real change, not just formal equality, for blacks and other minorities. The Civil Rights Revolution transformed the Constitution, but not through judicial activism or Article V amendments. The breakthrough was the passage of laws that ended the institutionalized humiliations of Jim Crow and ensured equal rights at work, in schools, and in the voting booth. This legislation gained congressional approval only because of the mobilized support of the American people--and their principles deserve a central place in the nation's history. Ackerman's arguments are especially important at a time when the Roberts Court is actively undermining major achievements of America' Second Reconstruction.



We the People Transformations

We the People  Transformations Author Bruce A. Ackerman
ISBN-10 UOM:39015039045805
Release 1991-10-01
Pages
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We the People Transformations has been writing in one form or another for most of life. You can find so many inspiration from We the People Transformations also informative, and entertaining. Click DOWNLOAD or Read Online button to get full We the People Transformations book for free.



We the People Volume 3

We the People  Volume 3 Author Bruce Ackerman
ISBN-10 9780674416499
Release 2014-03-03
Pages 432
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The Civil Rights Revolution carries Bruce Ackerman's sweeping reinterpretation of constitutional history into the era beginning with Brown v Board of Education. Laws that ended Jim Crow and ensured equal rights at work, in schools, and in the voting booth gained congressional approval only after the American people mobilized their support.



We the People Volume 2

We the People  Volume 2 Author Bruce Ackerman
ISBN-10 9780674736627
Release 2000-09-15
Pages 538
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Constitutional change, seemingly so orderly, formal, and refined, has in fact been a revolutionary process from the first, as Bruce Ackerman makes clear in We the People, Volume 2: Transformations. The Founding Fathers, hardly the genteel conservatives of myth, set America on a remarkable course of revolutionary disruption and constitutional creativity that endures to this day. After the bloody sacrifices of the Civil War, Abraham Lincoln and the Republican Party revolutionized the traditional system of constitutional amendment as they put principles of liberty and equality into higher law. Another wrenching transformation occurred during the Great Depression, when Franklin Roosevelt and his New Dealers vindicated a new vision of activist government against an assault by the Supreme Court. These are the crucial episodes in American constitutional history that Ackerman takes up in this second volume of a trilogy hailed as “one of the most important contributions to American constitutional thought in the last half-century” (Cass Sunstein, The New Republic). In each case he shows how the American people—whether led by the Founding Federalists or the Lincoln Republicans or the Roosevelt Democrats—have confronted the Constitution in its moments of great crisis with dramatic acts of upheaval, always in the name of popular sovereignty. A thoroughly new way of understanding constitutional development, We the People, Volume 2: Transformations reveals how America’s “dualist democracy” provides for these populist upheavals that amend the Constitution, often without formalities. The book also sets contemporary events, such as the Reagan Revolution and Roe v. Wade, in deeper constitutional perspective. In this context Ackerman exposes basic constitutional problems inherited from the New Deal Revolution and exacerbated by the Reagan Revolution, then considers the fundamental reforms that might resolve them. A bold challenge to formalist and fundamentalist views, this volume demonstrates that ongoing struggle over America’s national identity, rather than consensus, marks its constitutional history.



The Decline and Fall of the American Republic

The Decline and Fall of the American Republic Author Bruce Ackerman
ISBN-10 9780674058392
Release 2011-02-01
Pages 280
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Constitutional thought is currently dominated by heroic tales of the Founding Fathers — who built an Enlightenment machine that can tick-tock its way into the twenty-first century, with a little fine-tuning by the Supreme Court. However, according to Bruce Ackerman, the modern presidency is far more dangerous today than it was when Arthur Schlesinger published the Imperial Presidency in 1973. In this book, he explores how the interaction of changes in the party system, mass communications, the bureaucracy, and the military have made the modern presidency too powerful and a threat to liberal constitutionalism and democracy. Ackerman argues that the principles of constitutional legitimacy have been undermined by both political and legal factors. On the political level, by “government by emergency” and “government by public-opinion poll”; on the legal, by two rising institutions: The Office of Legal Counsel in the Department of Justice and the Office of the Presidential Counsel in the White House. Both institutions came out of the New Deal, but have gained prominence only in the last generation. Lastly, Ackerman kicks off a reform debate that aims to adapt the Founding ideal of checks-and-balances to twenty-first century realities. His aim is not to propose definitive solutions but to provoke a national debate on American democracy in its time of trouble.



Private Property and the Constitution

Private Property and the Constitution Author Bruce Ackerman
ISBN-10 9780300158069
Release 2008-10-01
Pages 314
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I am deeply indebted to my research assistant, John Borgo, for an ongoing flow of criticism, as well as to my secretary, Diane McDougal, for typing a steady stream of second thoughts. Their work, as well as mine, was supported in part by the Law and Social Science Division of The National Science Foundation. The Foundation, however, should not be held responsible for the views expressed in this essay.I am also very grateful to my many friends at Yale and elsewhere who helped me with this book. But my debts here are so numerous and diverse as to defy a comprehensive and exact accountin



Implementing the Constitution

Implementing the Constitution Author Richard H. FALLON
ISBN-10 9780674036673
Release 2009-06-30
Pages 208
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This book argues that the Supreme Court performs two functions. The first is to identify the Constitution's idealized "meaning." The second is to develop tests and doctrines to realize that meaning in practice. Bridging the gap between the two--implementing the Constitution--requires moral vision, but also practical wisdom and common sense, ingenuity, and occasionally a willingness to make compromises. In emphasizing the Court's responsibility to make practical judgments, "Implementing the Constitution" takes issue with the two positions that have dominated recent debates about the Court's proper role. Constitutional "originalists" maintain that the Court's essential function is to identify the "original understanding" of constitutional language and then apply it deductively to current problems. This position is both unwise and unworkable, the book argues. It also critiques well-known accounts according to which the Court is concerned almost exclusively with matters of moral and constitutional principle. "Implementing the Constitution" bridges the worlds of constitutional theory, political theory, and constitutional practice. It illuminates the Supreme Court's decision of actual cases and its development of well-known doctrines. It is a doctrinal study that yields jurisprudential insights and a contribution to constitutional theory that is closely tied to actual judicial practice.



Revolution by Judiciary

Revolution by Judiciary Author Jed Rubenfeld
ISBN-10 0674017153
Release 2005
Pages 241
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Although constitutional law is supposed to be fixed and enduring, its central narrative in the twentieth century has been one of radical reinterpretation--Brown v. Board of Education, Roe v. Wade, Bush v. Gore. What, if anything, justifies such radical reinterpretation? How does it work doctrinally? What, if anything, structures it or limits it? Jed Rubenfeld finds a pattern in American constitutional interpretation that answers these questions convincingly. He posits two different understandings of how constitutional rights would apply or not apply to particular legislation. One is that a right would be violated if certain laws were passed. The other is that a right would not be violated. He calls the former "Application Understandings" and the latter "No-Application Understandings." He finds that constitutional law has almost always adhered to all of the original Application Understandings, but where it has departed from history, as it did in the Brown decision, it has departed from No-Application Understandings. Specifically, the Fourteenth Amendment did not prohibit racial segregation, so Rubenfeld argues that the Supreme Court had no problem reinterpreting it to prohibit it. It was a No-Application Understanding. This is a powerful argument that challenges current theories of constitutional interpretation from Bork to Dworkin. It rejects simplistic originalism, but restores historicity to constitutional theorizing.



Democracy and Distrust

Democracy and Distrust Author John Hart Ely
ISBN-10 0674196376
Release 1980
Pages 268
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Until now legal experts have proposed two basic approaches to the Constitution. The first, "interpretivism," maintains that we should stick as closely as possible to what is explicit in the document itself. The second, predominant in recent academic theorizing, argues that the courts should be guided by what they see as the fundamental values of American society. Mr. Ely demonstrates that both of these approaches are inherently incomplete and inadequate. --from publisher description.



Constitutionalism

Constitutionalism Author Larry Alexander
ISBN-10 0521799996
Release 2001-02-26
Pages 319
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This specially commissioned volume examines the issue of constitutionalism.



Living Originalism

Living Originalism Author Jack M. Balkin
ISBN-10 9780674063037
Release 2011-11-29
Pages 480
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Originalism and living constitutionalism, often seen as opposing views, are not in conflict. So argues Jack Balkin, a leading constitutional scholar, in this long-awaited book. Step by step, Balkin shows how both liberals and conservatives play important roles in constitutional construction, and offers a way past the angry polemics of our era.



We the People Volume 1

We the People  Volume 1 Author Bruce A. Ackerman
ISBN-10 9780674736597
Release 1993-03-15
Pages 384
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Bruce Ackerman offers a sweeping reinterpretation of our nation’s constitutional experience and its promise for the future. Integrating themes from American history, political science, and philosophy, We the People confronts the past, present, and future of popular sovereignty in America. Only this distinguished scholar could present such an insightful view of the role of the Supreme Court. Rejecting arguments of judicial activists, proceduralists, and neoconservatives, Ackerman proposes a new model of judicial interpretation that would synthesize the constitutional contributions of many generations into a coherent whole. The author ranges from examining the origins of the dualist tradition in the Federalist Papers to reflecting upon recent, historic constitutional decisions. The latest revolutions in civil rights, and the right to privacy, are integrated into the fabric of constitutionalism. Today’s Constitution can best be seen as the product of three great exercises in popular sovereignty, led by the Founding Federalists in the 1780s, the Reconstruction Republicans in the 1860s, and the New Deal Democrats in the 1930s. Ackerman examines the roles played during each of these periods by the Congress, the Presidency, and the Supreme Court. He shows that Americans have built a distinctive type of constitutional democracy, unlike any prevailing in Europe. It is a dualist democracy, characterized by its continuing effort to distinguish between two kinds of politics: normal politics, in which organized interest groups try to influence democratically elected representatives; and constitutional politics, in which the mass of citizens mobilize to debate matters of fundamental principle. Although American history is dominated by normal politics, our tradition places a higher value on mobilized efforts to gain the consent of the people to new governing principles. In a dualist democracy, the rare triumphs of constitutional politics determine the course of normal politics. More than a decade in the making, and the first of three volumes, this compelling book speaks to all who seek to renew and redefine our civic commitments in the decades ahead.



Social Justice in the Liberal State

Social Justice in the Liberal State Author Bruce Ackerman
ISBN-10 9780300158076
Release 1981-09-10
Pages 405
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This essay has taken up much of my time, and more of my energy, for the past ten years. It has been impossible to be my friend during this period without enduring countless conversations and scribblings devoted to one or nother line of thought. As a result, my friends have contributed enormously to the final product. While I will refrain from a blow-by-blow account, this book would never have emerged without their ceaseless criticisms and encouragements.It is easier to be more specific in detailing my other debts. Judith Shklar, by her personal example, introduced me to the reality of political philosophy while I was a student of hers at Harvard College. Proceeding to the Yale Law School in the mid-1960s, I encountered a group of teachers who gave Shklar's message a new force: Alexander Bickel, Robert Bork, Guido Calabresi, Ronald Dworkin, Charles Reich. While these people were very different from one another, they convinced me that political action was futile without systematic reflection.



The Guardian of Every Other Right

The Guardian of Every Other Right Author James W. Ely Jr.
ISBN-10 0199724520
Release 2007-11-30
Pages 240
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The Guardian of Every Other Right chronicles the pivotal role of property rights in fashioning the American constitutional order from the colonial era to the current controversies over eminent domain and land use controls. The book emphasizes the interplay of law, ideology, politics, and economic change in shaping constitutional thought and provides a historical perspective on the contemporary debate about property rights. Since publication of the original edition of this work, both academic and popular interest in the constitutional rights of property owners has markedly increased. Now in its third edition, this text has been revised to incorporate a full treatment of important judicial decisions, notable legislation, and scholarship since the second edition appeared in 1997. In particular, Ely provides helpful background and context for understanding the controversial Kelo decision relating to the exercise of eminent domain power for "public use." Covering the entire history of property rights in the United States, this new edition continues to fill a major gap in the literature of constitutional history and is an ideal text for students of legal and constitutional history.



Passions and Constraint

Passions and Constraint Author Stephen Holmes
ISBN-10 0226349683
Release 1995-06-01
Pages 337
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A historical reconstruction and elegantly written defense of liberalism challenges common assumptions about liberal theory, argues that institutional restraints serve to enable effective democracy, and contends that a liberal constitution increases the state's capacity to focus on specific problems. UP.



Law in Modern Society

Law in Modern Society Author Roberto Mangabeira Unger
ISBN-10 9780029328804
Release 1977-07-01
Pages 309
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"Law in Modern Society" is a comparative study of the place of law in societies as well as a criticism of social theory. Under what conditions do different kinds of law emerge? What are the bases of the rule of law ideal that marks advanced liberal, capitalist societies? What can the study of law teach us about social hierarchy and moral vision in these societies, and, indeed, about the specificity of Western civilization? Why do we find it necessary to struggle for the rule of law and impossible to achieve it? What political possibilities are closed or opened by present-day changes in the established styles of legality and legal thought? Unger deals with these questions in a broad range of historical settings. But he also relates them to the central issues of social theory: the method of explanation, the conditions of social order, and the nature of 'modern' society. the book argues that to resolve its own internal dilemmas the science of society must once again become both metaphysical and political.



Structure and Relationship in Constitutional Law

Structure and Relationship in Constitutional Law Author Charles Lund Black
ISBN-10 0918024447
Release 1969
Pages 98
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Structure and Relationship in Constitutional Law has been writing in one form or another for most of life. You can find so many inspiration from Structure and Relationship in Constitutional Law also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Structure and Relationship in Constitutional Law book for free.