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Arkes re-examines legal cases and concepts long thought settled, finding that their meaning is far less clear than commonly accepted.
Hadley Arkes argues that it is necessary to move "beyond the Constitution," to the principles that stood antecedent to the text, if we are to understand the text and apply the Constitution to the cases that arise every day in our law.
This book restores to us an understanding that was once settled in the "moral sciences": that there are propositions, in morals and law, which are not only true but which cannot be otherwise. It was understood in the past that, in morals or in mathematics, our knowledge begins with certain axioms that must hold true of necessity; that the principles drawn from these axioms hold true universally, unaffected by variations in local "cultures"; and that the presence of these axioms makes it possible to have, in the domain of morals, some right answers. Hadley Arkes restates the grounds of that older understanding and unfolds its implications for the most vexing political problems of our day. The author turns first to the classic debate between Abraham Lincoln and Stephen Douglas. After establishing the groundwork and properties of moral propositions, he traces their application in such issues as selective conscientious objection, justifications for war, the war in Vietnam, a nation's obligation to intervene abroad, the notion of supererogatory acts, the claims of "privacy," and the problem of abortion.
From Amherst College, Hadley Arkes seeks to restore, for a new generation, the jurisprudence of the late Justice of the Supreme Court George Sutherlandone anchored in the understanding of natural rights. Arkes argues that if both liberals and conservatives would study the writings of George Sutherland, with unclouded eyes, both groups would set aside their differences and return to the moral ground of their jurisprudence.
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If confronted with a democratic result they regard as intolerable, should citizens revolt or pursue democratic means of social change?
Are constitutional rights based exclusively in uniquely American considerations, or are they based at least in part on principles that transcend the boundaries of any particular country, such as the requirements of freedom or dignity? By viewing constitutional law through the prism of this fundamental question, Universal Rights and the Constitution exposes an overlooked difficulty with opinions rendered by the Supreme Court, namely, an inherent ambiguity about the kinds of arguments that count in constitutional interpretation, which weakens the foundations of our most cherished rights. Rejecting current debates over constitutional interpretation as flawed, Stephen A. Simon offers an innovative framework designed to provide clearer foundations for rights interpretations while preserving a meaningful but limited role for universal arguments. He reveals the vital connections among contemporary debates over such matters as the right to privacy, the constitutionality of the death penalty, and the role of foreign law in constitutional interpretation.
The 10th anniversary edition, now with a new preface by the author "A wonderfully smart, lively, and culturally astute survey." - The New York Times Book Review "Grand entertainment...fascinating for anyone curious about the perplexing miracles of how great television comes to be." - The Wall Street Journal "I love this book...It's the kind of thing I wish I'd been able to read in film school, back before such books existed." - Vince Gilligan, creator of Breaking Bad and co-creator of Better Call Saul In the late 1990s and early 2000s, the landscape of television began an unprecedented transformation. While the networks continued to chase the lowest common denominator, a wave of new shows on cable channels dramatically stretched television’s narrative inventiveness, emotional resonance, and creative ambition. Combining deep reportage with critical analysis and historical context, Brett Martin recounts the rise and inner workings of this artistic watershed - a golden age of TV that continues to transform America's cultural landscape. Difficult Men features extensive interviews with all the major players - including David Chase (The Sopranos), David Simon and Ed Burns (The Wire), David Milch (NYPD Blue, Deadwood), Alan Ball (Six Feet Under), and Vince Gilligan (Breaking Bad, Better Call Saul) - and reveals how television became a truly significant and influential part of our culture.
This bookexamines liberty’s Constitutional meaning through the jurisprudence of Justice Stephen Field, one of the late-Nineteenth Century’s most influential Supreme Court Justices. A Lincoln appointee who served on the Court from 1863-1897, Field articulated a view of Constitutional liberty that speaks to contemporary disputes. Today, some see liberty as protection through government regulation against private oppression. Others see liberty as protection from government through limits on governmental power. Justice Field is often viewed as siding against government power to regulate, acting as a pre-cursor to the infamous “Lochner”Era of the Court. This work explains how Field instead saw both these competing conceptions of liberty as legitimate. In fact, the two cooperated toward a common end. In his opinions, Field argued that protections through and from government worked in tandem to guard fundamental individual rights. In describing this view of liberty, Field addressed key Constitutional provisions that remain a source of debate, including some of the earliest interpretations of the Due Process Clause, its relationship to state police power and civil rights, and some of the earliest assertions of a national police power through the Commerce Clause. This work furthermore addresses the underpinnings of Field’s views, namely that he grounded his reading of the Constitution in the context of the common law and the Declaration of Independence. In his principles as well as his approach, this book argues, Justice Field presents a helpful discussant in ongoing debates regarding the meaning of liberty and of the Constitution.
In Making Sense of the Constitution: A Primer on the Supreme Court and Its Struggle to Apply Our Fundamental Law, Walter Frank tackles in a comprehensive but lively manner subjects rarely treated in one volume. Aiming at both the general reader and students of political science, law, or history, Frank begins with a brief discussion of the nature of constitutional law and why the Court divides so closely on many issues. He then proceeds to an analysis of the Constitution and subsequent amendments, placing them in their historical context. Next, Frank shifts to the Supreme Court and its decisions, examining, among other things, doctrinal developments, the Court’s decision making processes, how justices interact with each other, and the debate over how the Constitution should be interpreted. The work concludes with a close analysis of Court decisions in six major areas of continuing controversy, including abortion, affirmative action, and campaign finance. Outstanding by the University Press Books for Public and Secondary Schools