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A native son and accomplished historian does not flinch from pointing out Alabama's failures from the past 100 years; neither is he restrained in calling attention to the state's triumphs in this authoritative, popular history of the past 100 years.
Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.
The Alabama State Constitution provides an outstanding constitutional and historical account of the state's basic governing charter. In this book, William H. Stewart, an authority on the state's political and constitutional history, provides an overview of important developments since 1819 along with an in-depth, section-by-section analysis of the entire constitution, detailing the many significant changes since its initial drafting. The second edition includes updates to current provisions, new rulings on gay marriage, and touches on immigration, environmental protection, energy, and taxation. This treatment, along with a table of cases, index, and the bibliography provides an unsurpassed reference guide for students, scholars, and practitioners of Alabama's constitution.
A majestic one-hundred-year study of segregation in Los Angeles City of Segregation documents one hundred years of struggle against the enforced separation of racial groups through property markets, constructions of community, and the growth of neoliberalism. This movement history covers the decades of work to end legal support for segregation in 1948; the 1960s Civil Rights movement and CORE’s efforts to integrate LA’s white suburbs; and the 2006 victory preserving 10,000 downtown residential hotel units from gentrification enfolded within ongoing resistance to the criminalization and displacement of the homeless. Andrea Gibbons reveals the shape and nature of the racist ideology that must be fought, in Los Angeles and across the United States, if we hope to found just cities.
Spanning both the history of the modern West and his own five-decade journey as a historian, Gerald Stourzh’s sweeping new essay collection covers the same breadth of topics that has characterized his career—from Benjamin Franklin to Gustav Mahler, from Alexis de Tocqueville to Charles Beard, from the notion of constitution in seventeenth-century England to the concept of neutrality in twentieth-century Austria. This storied career brought him in the 1950s from the University of Vienna to the University of Chicago—of which he draws a brilliant picture—and later took him to Berlin and eventually back to Austria. One of the few prominent scholars equally at home with U.S. history and the history of central Europe, Stourzh has informed these geographically diverse experiences and subjects with the overarching themes of his scholarly achievement: the comparative study of liberal constitutionalism and the struggle for equal rights at the core of Western notions of free government. Composed between 1953 and 2005 and including a new autobiographical essay written especially for this volume, From Vienna to Chicago and Back will delight Stourzh fans, attract new admirers, and make an important contribution to transatlantic history.