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Since its Broadway debut, Hamilton: An American Musical has infused itself into the American experience: who shapes it, who owns it, who can rap it best. Lawyers and legal scholars, recognizing the way the musical speaks to some of our most complicated constitutional issues, have embraced Alexander Hamilton as the trendiest historical face in American civics. Hamilton and the Law offers a revealing look into the legal community's response to the musical, which continues to resonate in a country still deeply divided about the reach of the law. A star-powered cast of legal minds—from two former U.S. solicitors general to leading commentators on culture and society—contribute brief and engaging magazine-style articles to this lively book. Intellectual property scholars share their thoughts on Hamilton's inventive use of other sources, while family law scholars explore domestic violence. Critical race experts consider how Hamilton furthers our understanding of law and race, while authorities on the Second Amendment discuss the language of the Constitution's most contested passage. Legal scholars moonlighting as musicians discuss how the musical lifts history and law out of dusty archives and onto the public stage. This collection of minds, inspired by the phenomenon of the musical and the Constitutional Convention of 1787, urges us to heed Lin-Manuel Miranda and the Founding Fathers and to create something new, daring, and different.
For students of the early American republic, James Madison has long been something of a riddle, the member of the founding generation whose actions and thought most stubbornly resist easy summary. The staunchest of Federalists in the 1780s, Madison would turn on his former allies shortly thereafter, renouncing their expansive nationalism as a threat to the Constitution and to popular government. In a study that combines penetrating textual analysis with deep historical awareness, Gary Rosen stakes out important new ground by showing the philosophical consistency in Madison's long and controversial public life. The key, he argues, is Madison's profound originality as a student of the social compact, the venerable liberal idea into which he introduced several novel, and seemingly illiberal, principles. Foremost among these was the need for founding to be the work of an elite few. For Madison, prior accounts of the social compact, in their eagerness to establish the proper ends of government, provided a hopelessly naive account of its origin. As he saw it, the Federal Convention of 1787 was an opportunity for those of outstanding prudence (understood in its fullest Aristotelian sense) to do for the people what they could not do for themselves. This troublesome reliance on the few was balanced, Rosen contends, by Madison's commitment to republicanism as an end in itself, a conclusion that he likewise drew from the social compact, accommodating the proud political claims that his philosophical predecessors had failed to recognize. Rosen goes on to show how Madison's idiosyncratic understanding of the social compact illuminates his differences not only with Hamilton but with Jefferson as well. Both men, Madison feared, were too ready to resort to original principles in coming to terms with the Constitution, putting at risk the fragile achievement of the founding in their determination to invoke, respectively, the claims of the few and the many. As American Compact persuasively concludes, Madison's ideas on the origin and aims of the Constitution are not just of historical interest. They carry crucial lessons for our own day, and speak directly to current disputes over diversity, constitutional interpretation, the fate of federalism, and the possibilities and limits of American citizenship.
Kimberly Shankman has written the first full-length study of the political thought of early American statesman Henry Clay. In Compromise and the Constitution, Shankman seeks to understand Clay's approach to republican statesmanship by carefully considering the context in which he developed and articulated his programs and policy prescriptions. Because Clay was policy-oriented and very seldom addressed politics from a theoretical perspective, there has been a tendency to dismiss him as motivated primarily, if not exclusively, by expedience and ambition. Shankman demonstrates, however, that Clay's reticence about first principles was in fact an integral part of his conception of an appropriate republican politics: one based on prudence, interest, and compromise rather than on principle, passion, and adamancy. This book is crucial reading for scholars of American history, early American political thought, and the Constitution.
This book presents an original historical-legal analysis of the adoption of the Constitution and the Bill of Rights. Drawing upon James Madison’s own minutes of the 1787 Convention, it focuses on Madison’s crucial role in shaping a bill of rights that would both reserve the states’ powers and confirm the implied powers doctrine for the federal government. This comprehensive work is indispensable for understanding the origins of the federal system of government and its impact on later developments in the United States.
Revised and updated, this long-awaited second edition provides a comprehensive introduction to what the most thoughtful Americans have said about the American experience from the colonial period to the present. The book examines the political thought of the most important American statesmen, activists, and writers across era and ideologies, helping another generation of students, scholars, and citizens to understand more fully the meaning of America. This new second edition of the book includes chapters on several additional historical figures, including Walt Whitman, Lyndon Baines Johnson, and Ronald Reagan, as well as a new chapter on Barack Obama, who was not prominent in public life when the first edition was published. Significant revisions and additions have also been made to many of the original chapters, most notably on Antonin Scalia, which now updates his full legacy, increasing the breadth and depth of the collection.
With over 10,000 entries, this bibliography is the most comprehensive guide to published writing in the tradition of Leo Strauss, who lived from 1899 to 1973 and was one of the most influential political philosophers of the twentieth century. John A. Murley provides Strauss's own complete bibliography and identifies the work of hundreds of Strauss's students, and their students' students. Leo Strauss and His Legacy charts the path of influence of a beloved teacher and mentor, a deep and lasting heritage that permeates the classrooms of the twenty-first century. Each new generation of students of political philosophy will find this bibliography an indispensable resource.
Reprint of the original, first published in 1857.
The SAGE Glossary of the Social and Behavioral Sciences provides college and university students with a highly accessible, curriculum-driven reference work, both in print and on-line, defining the major terms needed to achieve fluency in the social and behavioral sciences. Comprehensive and inclusive, its interdisciplinary scope covers such varied fields as anthropology, communication and media studies, criminal justice, economics, education, geography, human services, management, political science, psychology, and sociology. In addition, while not a discipline, methodology is at the core of these fields and thus receives due and equal consideration. At the same time we strive to be comprehensive and broad in scope, we recognize a need to be compact, accessible, and affordable. Thus the work is organized in A-to-Z fashion and kept to a single volume of approximately 600 to 700 pages.