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How the conflict between federal and state power has shaped American history American governance is burdened by a paradox. On the one hand, Americans don't want "big government" meddling in their lives; on the other hand, they have repeatedly enlisted governmental help to impose their views regarding marriage, abortion, religion, and schooling on their neighbors. These contradictory stances on the role of public power have paralyzed policymaking and generated rancorous disputes about government’s legitimate scope. How did we reach this political impasse? Historian Gary Gerstle, looking at two hundred years of U.S. history, argues that the roots of the current crisis lie in two contrasting theories of power that the Framers inscribed in the Constitution. One theory shaped the federal government, setting limits on its power in order to protect personal liberty. Another theory molded the states, authorizing them to go to extraordinary lengths, even to the point of violating individual rights, to advance the "good and welfare of the commonwealth." The Framers believed these theories could coexist comfortably, but conflict between the two has largely defined American history. Gerstle shows how national political leaders improvised brilliantly to stretch the power of the federal government beyond where it was meant to go—but at the cost of giving private interests and state governments too much sway over public policy. The states could be innovative, too. More impressive was their staying power. Only in the 1960s did the federal government, impelled by the Cold War and civil rights movement, definitively assert its primacy. But as the power of the central state expanded, its constitutional authority did not keep pace. Conservatives rebelled, making the battle over government’s proper dominion the defining issue of our time. From the Revolution to the Tea Party, and the Bill of Rights to the national security state, Liberty and Coercion is a revelatory account of the making and unmaking of government in America.
Is the state a necessary evil? Or can we hope to evolve beyond it? This book, in the tradition of Robert Nozick's Anarchy, State, and Utopia, sheds new light on persistent philosophical questions about the nature and justification of political authority.
There are only two ways that humans work together: they cooperate with one another, or they coerce one another. And once you realize this fundamental fact, it will change how you see the world. In this myth-busting book, Antony Davies and James R. Harrigan display the wisdom and talent for explaining complex topics that have attracted a devoted audience to their weekly podcast, Words & Numbers, and made them popular speakers around the country. By looking for cooperation and coercion in everyday life, they help make sense of a wide range of issues that dominate the public debate. You’ll come away from this book with a clear understanding of everything from the minimum wage to taxes, from gun control to government regulations, from the War on Terror to the War on Drugs to the War on Poverty. It turns out that coercion is necessary . . . sometimes. Even in a democracy, we all abide by rules, including plenty that we don’t agree with, in the name of getting along. But in the end, Davies and Harrigan show, cooperation without question is the key to human happiness and progress. The more we encourage it, the better off we all are. Cooperation & Coercion cuts through heated partisan debates to provide a refreshingly clear and comprehensive understanding of the way the world works.
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.
Argues that laws that enforce what is good for the individual's well-being, or hinder what is bad, are morally justified.
This clear and systematic introduction to the philosophy of law attempts to answer some important questions about the nature of law and its relationship to social norms and moral standards.
In the battles over religion and politics in America, both liberals and conservatives often appeal to history. Liberals claim that the Founders separated church and state. But for much of American history, David Sehat writes, Protestant Christianity was intimately intertwined with the state. Yet the past was not the Christian utopia that conservatives imagine either. Instead, a Protestant moral establishment prevailed, using government power to punish free thinkers and religious dissidents. In The Myth of American Religious Freedom, Sehat provides an eye-opening history of religion in public life, overturning our most cherished myths. Originally, the First Amendment applied only to the federal government, which had limited authority. The Protestant moral establishment ruled on the state level. Using moral laws to uphold religious power, religious partisans enforced a moral and religious orthodoxy against Catholics, Jews, Mormons, agnostics, and others. Not until 1940 did the U.S. Supreme Court extend the First Amendment to the states. As the Supreme Court began to dismantle the connections between religion and government, Sehat argues, religious conservatives mobilized to maintain their power and began the culture wars of the last fifty years. To trace the rise and fall of this Protestant establishment, Sehat focuses on a series of dissenters--abolitionist William Lloyd Garrison, suffragist Elizabeth Cady Stanton, socialist Eugene V. Debs, and many others. Shattering myths held by both the left and right, David Sehat forces us to rethink some of our most deeply held beliefs. By showing the bad history used on both sides, he denies partisans a safe refuge with the Founders.
In Give Me Liberty: A Handbook for American Revolutionaries, bestselling author Naomi Wolf illustrates the changes that can take place when ordinary citizens engage in the democratic system the way the founders intended and tells how to use that system, right now, to change your life, your community, and ultimately, the nation. As the practice of democracy becomes a lost art, Americans are increasingly desperate for a restored nation. Many have a general sense that the “system” is in disorder—if not on the road to functional collapse. But though it is easy to identify our political problems, the solutions are not always as clear. In Give Me Liberty: A Handbook for American Revolutionaries, bestselling author Naomi Wolf illustrates the breathtaking changes that can take place when ordinary citizens engage in the democratic system the way the founders intended and tells how to use that system, right now, to change your life, your community, and ultimately, the nation.
Originally published in 1960, The Constitution of Liberty delineates and defends the principles of a free society and traces the origin, rise, and decline of the rule of law. Casting a skeptical eye on the growth of the welfare state, Hayek examines the challenges to freedom posed by an ever expanding government as well as its corrosive effect on the creation, preservation, and utilization of knowledge. In distinction to those who confidently call for the state to play a greater role in society, Hayek puts forward a nuanced argument for prudence. Guided by this quality, he elegantly demonstrates that a free market system in a democratic polity—under the rule of law and with strong constitutional protections of individual rights—represents the best chance for the continuing existence of liberty. Striking a balance between skepticism and hope, Hayek’s profound insights remain strikingly vital half a century on. This definitive edition of The Constitution of Liberty will give a new generation the opportunity to learn from Hayek’s enduring wisdom.