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"Americans today are increasingly uneasy about the democratic weaknesses of their Federal Constitution. But for most of living memory that very Constitution has been idealized as near perfect. How could it be that this flawed system came to enjoy such intense veneration? In a striking reinterpretation of the American constitutional past, Aziz Rana connects the spread of a distinctive twentieth century American relationship to its founding document to another development rarely treated alongside it: the rise of the U.S. to global dominance. In the process, he highlights the role of constitutional veneration in shaping the terms of American power abroad, with ultimately transformative effects at home for narratives of nation and ideas of reform. In the process, Rana also explores the remarkably diverse array of movement activists-in Black, Indigenous, feminist, labor, and immigrant politics-that struggled to imagine a very different constitutional horizon, one grounded in equal and effective freedom for all and able to overcome the basic limitations of the consolidating legal-political system. These voices of opposition, including to the Constitution itself, have overwhelmingly been excised from constitutional memory. And yet they offer essential insights for making sense of our present difficulties, in which Americans find themselves bereft of the constitutional sureties that have long shaped collective life"--
The Two Faces of American Freedom boldly reinterprets the American political tradition from the colonial period to modern times, placing issues of race relations, immigration, and presidentialism in the context of shifting notions of empire and citizenship. Today, while the U.S. enjoys tremendous military and economic power, citizens are increasingly insulated from everyday decision-making. This was not always the case. America, Aziz Rana argues, began as a settler society grounded in an ideal of freedom as the exercise of continuous self-rule—one that joined direct political participation with economic independence. However, this vision of freedom was politically bound to the subordination of marginalized groups, especially slaves, Native Americans, and women. These practices of liberty and exclusion were not separate currents, but rather two sides of the same coin. However, at crucial moments, social movements sought to imagine freedom without either subordination or empire. By the mid-twentieth century, these efforts failed, resulting in the rise of hierarchical state and corporate institutions. This new framework presented national and economic security as society’s guiding commitments and nurtured a continual extension of America’s global reach. Rana envisions a democratic society that revives settler ideals, but combines them with meaningful inclusion for those currently at the margins of American life.
Distributed by the University of Nebraska Press for the University of Idaho Press This revised edition of Dennis Colson's book presents a more accessible view to a new generation of students and legislators, many of whom are unfamiliar with Idaho's tumultuous beginnings. Idaho's Constitution opens a door for the reader into the political struggle and turmoil of a century ago, but also the spirit of compromise and common purpose that conquered the divisions they faced.
In 1783, as the Revolutionary War came to a close, Alexander Hamilton resigned in disgust from the Continental Congress after it refused to consider a fundamental reform of the Articles of Confederation. Just four years later, that same government collapsed, and Congress grudgingly agreed to support the 1787 Philadelphia Constitutional Convention, which altered the Articles beyond recognition. What occurred during this remarkably brief interval to cause the Confederation to lose public confidence and inspire Americans to replace it with a dramatically more flexible and powerful government? We Have Not a Government is the story of this contentious moment in American history. In George William Van Cleve’s book, we encounter a sharply divided America. The Confederation faced massive war debts with virtually no authority to compel its members to pay them. It experienced punishing trade restrictions and strong resistance to American territorial expansion from powerful European governments. Bitter sectional divisions that deadlocked the Continental Congress arose from exploding western settlement. And a deep, long-lasting recession led to sharp controversies and social unrest across the country amid roiling debates over greatly increased taxes, debt relief, and paper money. Van Cleve shows how these remarkable stresses transformed the Confederation into a stalemate government and eventually led previously conflicting states, sections, and interest groups to advocate for a union powerful enough to govern a continental empire. Touching on the stories of a wide-ranging cast of characters—including John Adams, Patrick Henry, Daniel Shays, George Washington, and Thayendanegea—Van Cleve makes clear that it was the Confederation’s failures that created a political crisis and led to the 1787 Constitution. Clearly argued and superbly written, We Have Not a Government is a must-read history of this crucial period in our nation’s early life.
Words That Bind presents a careful and nuanced treatment of constitutional interpretation and judicial review. By bringing constitutional theory and contemporary political philosophy to bear on each other, John Arthur illuminates these topics as no other recent author has.
A discussion of the ideas behind the U.S. Constitution and how they have been interpreted both in the past and at present.
Shines new light on America's brilliant constitutional and presidential history, from George Washington to Barack Obama. In this sweepingly ambitious volume, the nation’s foremost experts on the American presidency and the U.S. Constitution join together to tell the intertwined stories of how each American president has confronted and shaped the Constitution. Each occupant of the office—the first president to the forty-fourth—has contributed to the story of the Constitution through the decisions he made and the actions he took as the nation’s chief executive. By examining presidential history through the lens of constitutional conflicts and challenges, The Presidents and the Constitution offers a fresh perspective on how the Constitution has evolved in the hands of individual presidents. It delves into key moments in American history, from Washington’s early battles with Congress to the advent of the national security presidency under George W. Bush and Barack Obama, to reveal the dramatic historical forces that drove these presidents to action. Historians and legal experts, including Richard Ellis, Gary Hart, Stanley Kutler and Kenneth Starr, bring the Constitution to life, and show how the awesome powers of the American presidency have been shapes by the men who were granted them. The book brings to the fore the overarching constitutional themes that span this country’s history and ties together presidencies in a way never before accomplished.
“Audacious . . . offers a fierce critique of democracy’s most dangerous adversary: the abuse of democratic power by democratically elected chief executives.” (Benjamin R. Barber, New York Times bestselling author of Jihad vs. McWorld ) Bruce Ackerman shows how the institutional dynamics of the last half-century have transformed the American presidency into a potential platform for political extremism and lawlessness. Watergate, Iran-Contra, and the War on Terror are only symptoms of deeper pathologies. Ackerman points to a series of developments that have previously been treated independently of one another?from the rise of presidential primaries, to the role of pollsters and media gurus, to the centralization of power in White House czars, to the politicization of the military, to the manipulation of constitutional doctrine to justify presidential power-grabs. He shows how these different transformations can interact to generate profound constitutional crises in the twenty-first century?and then proposes a series of reforms that will minimize, if not eliminate, the risks going forward. “The questions [Ackerman] raises regarding the threat of the American Executive to the republic are daunting. This fascinating book does an admirable job of laying them out.” —The Rumpus “Ackerman worries that the office of the presidency will continue to grow in political influence in the coming years, opening possibilities for abuse of power if not outright despotism.” —Boston Globe “A serious attention-getter.” —Joyce Appleby, author of The Relentless Revolution “Those who care about the future of our nation should pay careful heed to Ackerman’s warning, as well as to his prescriptions for avoiding a constitutional disaster.” —Geoffrey R. Stone, author of Perilous Times
The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost. Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a "presumption of liberty" to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people. As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond. This updated edition features an afterword with further reflections on individual popular sovereignty, originalist interpretation, judicial engagement, and the gravitational force that original meaning has exerted on the Supreme Court in several recent cases.
Abortion has remained one of the most volatile and polarizing issues in the United States for over four decades. Americans are more divided today than ever over abortion, and this debate colors the political, economic, and social dynamics of the country. This book provides a balanced, clear-eyed overview of the abortion debate, including the perspectives of both the pro-life and pro-choice movements. It covers the history of the debate from colonial times to the present, the mobilization of mass movements around the issue, the ways it is understood by ordinary Americans, the impact it has had on US political development, and the differences between the abortion conflict in the US and the rest of the world. Throughout these discussions, Ziad Munson demonstrates how the meaning of abortion has shifted to reflect the changing anxieties and cultural divides which it has come to represent. Abortion Politics is an invaluable companion for exploring the abortion issue and what it has to say about American society, as well as the dramatic changes in public understanding of women’s rights, medicine, religion, and partisanship.