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Many of these questions--including the powers of the federal government, the individual right to bear arms, and the parameters of corporate political speech--had long been considered settled. But the Federalist Society was able to upend the existing conventional wisdom, promoting constitutional theories that had previously been dismissed as ludicrously radical. Hollis-Brusky argues that the Federalist Society offers several of the crucial ingredients needed to accomplish this constitutional revolution. It serves as a credentialing institution for conservative lawyers and judges, legitimizes novel interpretations of the constitution through a conservative framework, and provides a judicial audience of like-minded peers, which prevents the well-documented phenomenon of conservative judges turning moderate after years on the bench. Through these functions, it is able to exercise enormous influence on important cases at every level.
In this comprehensive analysis of politics and ideology in antebellum South Carolina, Manisha Sinha offers a provocative new look at the roots of southern separatism and the causes of the Civil War. Challenging works that portray secession as a fight for white liberty, she argues instead that it was a conservative, antidemocratic movement to protect and perpetuate racial slavery. Sinha discusses some of the major sectional crises of the antebellum era--including nullification, the conflict over the expansion of slavery into western territories, and secession--and offers an important reevaluation of the movement to reopen the African slave trade in the 1850s. In the process she reveals the central role played by South Carolina planter politicians in developing proslavery ideology and the use of states' rights and constitutional theory for the defense of slavery. Sinha's work underscores the necessity of integrating the history of slavery with the traditional narrative of southern politics. Only by taking into account the political importance of slavery, she insists, can we arrive at a complete understanding of southern politics and the enormity of the issues confronting both northerners and southerners on the eve of the Civil War.
Americans revere their Constitution. However, most of us are unaware how tumultuous and improbable the drafting and ratification processes were. As Benjamin Franklin keenly observed, any assembly of men bring with them "all their prejudices, their passions, their errors of opinion, their local interests and their selfish views." One need not deny that the Framers had good intentions in order to believe that they also had interests. Based on prodigious research and told largely through the voices of the participants, Michael Klarman's The Framers' Coup narrates how the Framers' clashing interests shaped the Constitution--and American history itself. The Philadelphia convention could easily have been a failure, and the risk of collapse was always present. Had the convention dissolved, any number of adverse outcomes could have resulted, including civil war or a reversion to monarchy. Not only does Klarman capture the knife's-edge atmosphere of the convention, he populates his narrative with riveting and colorful stories: the rebellion of debtor farmers in Massachusetts; George Washington's uncertainty about whether to attend; Gunning Bedford's threat to turn to a European prince if the small states were denied equal representation in the Senate; slave staters' threats to take their marbles and go home if denied representation for their slaves; Hamilton's quasi-monarchist speech to the convention; and Patrick Henry's herculean efforts to defeat the Constitution in Virginia through demagoguery and conspiracy theories. The Framers' Coup is more than a compendium of great stories, however, and the powerful arguments that feature throughout will reshape our understanding of the nation's founding. Simply put, the Constitutional Convention almost didn't happen, and once it happened, it almost failed. And, even after the convention succeeded, the Constitution it produced almost failed to be ratified. Just as importantly, the Constitution was hardly the product of philosophical reflections by brilliant, disinterested statesmen, but rather ordinary interest group politics. Multiple conflicting interests had a say, from creditors and debtors to city dwellers and backwoodsmen. The upper class overwhelmingly supported the Constitution; many working class colonists were more dubious. Slave states and nonslave states had different perspectives on how well the Constitution served their interests. Ultimately, both the Constitution's content and its ratification process raise troubling questions about democratic legitimacy. The Federalists were eager to avoid full-fledged democratic deliberation over the Constitution, and the document that was ratified was stacked in favor of their preferences. And in terms of substance, the Constitution was a significant departure from the more democratic state constitutions of the 1770s. Definitive and authoritative, The Framers' Coup explains why the Framers preferred such a constitution and how they managed to persuade the country to adopt it. We have lived with the consequences, both positive and negative, ever since.
This book challenges the assumption that the Constitution was a landmark in the struggle for liberty. Instead, Sheldon Richman argues, it was the product of a counter-revolution, a setback for the radicalism represented by America's break with the British empire. Drawing on careful, credible historical scholarship and contemporary political analysis, Richman suggests that this counter-revolution was the work of conservatives who sought a nation of "power, consequence, and grandeur." America's Counter-Revolution makes a persuasive case that the Constitution was a victory not for liberty but for the agendas and interests of a militaristic, aristocratic, privilege-seeking ruling class. The Anti-Federalists were right: The pursuit of "national greatness" inevitably diminishes liberty and centralizes government. The U.S. Constitution did both, as Sheldon Richman demonstrates in this powerfully argued anarchist case against the blueprint for empire known as the U.S. Constitution. --Bill Kauffman, author, Forgotten Founder, Drunken Prophet: The Life of Luther Martin The libertarian movement has long suffered from a constitutional fetishism that embraces an ahistorical reverence for the U.S. Constitution. Far too many are unaware of the extent to which the framing and adoption of the Constitution was in fact a setback for the cause of liberty. Sheldon Richman, in a compilation of readable, well researched, and compelling essays, exposes the historical, theoretical, and strategic errors in the widespread reification of a purely political document. With no single correct interpretation, the Constitution has been predictably unable to halt the growth of the modern welfare-warfare American State. I urge all proponents of a free society to give his book their diligent attention. --Jeffrey Rogers Hummel, Professor, San Jose State University; author, Emancipating Slaves, Enslaving Free Men: A History of the American Civil War "No state or government can limit itself through a written constitution, no matter how fine the words or how noble the sentiments they express. It is one of the many virtues of Sheldon Richman's book that it shows how this is true even of the American Constitution, which despite the promises of its designers and the insistence of its defenders down the years, made limited government less and not more likely." --Chandran Kukathas, London School of Economics "Richman delivers an accessible, incisive, and well-grounded argument that the Constitution centralized power and undid some of the Revolution's liberating gains. He rebuts patriotic platitudes but avoids the crude contrarianism so common in libertarian revisionism written for popular consumption. He does not romanticize America's past or overstate his case. Radical and nuanced, deferential to freedom and historical truth, Richman rises above hagiography or demonization of either the Federalists or anti-Federalists to produce an unsurpassed libertarian exploration of the subject." - Anthony Gregory, Independent Institute "[A]fter reading this book, you will never think about the U.S. Constitution and America's founding the same way again. Sheldon Richman's revealing and remarkably well-argued narrative will permanently change your outlook. . . . Richman . . . [is] one of this country's most treasured thinkers and writers . . . . [H]e draws on the most contemporary and important scholarly research, while putting the evidence in prose that is accessible and compelling." - Jeffrey A. Tucker, Liberty.me and Foundation for Economic Education
Illuminates how the preservation of slavery was a motivating factor for the Revolutionary War The successful 1776 revolt against British rule in North America has been hailed almost universally as a great step forward for humanity. But the Africans then living in the colonies overwhelmingly sided with the British. In this trailblazing book, Gerald Horne shows that in the prelude to 1776, the abolition of slavery seemed all but inevitable in London, delighting Africans as much as it outraged slaveholders, and sparking the colonial revolt. Prior to 1776, anti-slavery sentiments were deepening throughout Britain and in the Caribbean, rebellious Africans were in revolt. For European colonists in America, the major threat to their security was a foreign invasion combined with an insurrection of the enslaved. It was a real and threatening possibility that London would impose abolition throughout the colonies—a possibility the founding fathers feared would bring slave rebellions to their shores. To forestall it, they went to war. The so-called Revolutionary War, Horne writes, was in part a counter-revolution, a conservative movement that the founding fathers fought in order to preserve their right to enslave others. The Counter-Revolution of 1776 brings us to a radical new understanding of the traditional heroic creation myth of the United States.
This groundbreaking book contributes to an emerging literature that examines responses to the rights revolution that unfolded in the United States during the 1960s and 1970s. Using original archival evidence and data, Stephen B. Burbank and Sean Farhang identify the origins of the counterrevolution against private enforcement of federal law in the first Reagan Administration. They then measure the counterrevolution's trajectory in the elected branches, court rulemaking, and the Supreme Court, evaluate its success in those different lawmaking sites, and test key elements of their argument. Finally, the authors leverage an institutional perspective to explain a striking variation in their results: although the counterrevolution largely failed in more democratic lawmaking sites, in a long series of cases little noticed by the public, an increasingly conservative and ideologically polarized Supreme Court has transformed federal law, making it less friendly, if not hostile, to the enforcement of rights through lawsuits.
A distinguished political theorist sounds the alarm about the counterinsurgency strategies used to govern Americans Militarized police officers with tanks and drones. Pervasive government surveillance and profiling. Social media that distract and track us. All of these, contends Bernard E. Harcourt, are facets of a new and radical governing paradigm in the United States -- one rooted in the modes of warfare originally developed to suppress anticolonial revolutions and, more recently, to prosecute the war on terror. The Counterrevolution is a penetrating and disturbing account of the rise of counterinsurgency, first as a military strategy but increasingly as a way of ruling ordinary Americans. Harcourt shows how counterinsurgency's principles -- bulk intelligence collection, ruthless targeting of minorities, pacifying propaganda -- have taken hold domestically despite the absence of any radical uprising. This counterrevolution against phantom enemies, he argues, is the tyranny of our age. Seeing it clearly is the first step to resisting it effectively.
This book presents the case that the origins of American liberty should not be sought in the constitutional-reformist feats of its “statesmen” during the 1780s, but rather in the political and social resistance to their efforts. There were two revolutions occurring in the late 18th century America: the modern European revolution “in favour of government,” pursuing national unity, “energetic” government and centralization of power (what scholars usually dub “American founding”); and a conservative, reactionary counter-revolution “in favour of liberty,” defending local rights and liberal individualism against the encroaching political authority. This is a book about this liberal counter-revolution and its ideological, political and cultural sources and central protagonists. The central analytical argument of the book is that America before the Revolution was a stateless, spontaneous political order that evolved culturally, politically and economically in isolation from the modern European trends of state-building and centralization of power. The book argues, then, that a better model for understanding America is a “decoupled modernization” hypothesis, in which social modernity is divested from the politics of modern state and tied with the pre-modern social institutions.