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This book makes the radical claim that rather than interpreting the Constitution from on high, the Court should be reflecting popular will--or the wishes of the people themselves.
In this groundbreaking interpretation of America's founding and of its entire system of judicial review, Larry Kramer reveals that the colonists fought for and created a very different system--and held a very different understanding of citizenship--than Americans believe to be the norm today. "Popular sovereignty" was not just some historical abstraction, and the notion of "the people" was more than a flip rhetorical device invoked on the campaign trail. Questions of constitutional meaning provoked vigorous public debate and the actions of government officials were greeted with celebratory feasts and bonfires, or riotous resistance. Americans treated the Constitution as part of the lived reality of their daily existence. Their self-sovereignty in law as much as politics was active not abstract.
A far-reaching re-interpretation of the origins of American judicial review.
With a unique how-to appendix for Metis genealogical reconstruction, this book will be of interest to Metis wanting to research their own genealogy and to scholars engaged in the reconstruction of Metis ethnic identity. The search for a Metis identity and what constitutes that identity is a key issue facing many aboriginals of mixed ancestry today. This book reconstructs 250 years of the Desjarlais' family history across a substantial area of North America, from colonial Louisiana, the St. Louis, Missouri, region and the American Southwest to the Red River and central Alberta. In the course of tracing the Desjarlais family, social, economic and political factors influencing the development of various Aboriginal ethnic identities are discussed. With intriguing details about the Desjarlais family members, this book offers new, original insights into the 1885 Northwest Rebellion, focusing on kinship as a motivating factor in the outcome of events.
Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.
The International Criminal Court claims authority over Americans for actions that the United States does not define as “crimes.” In short, the Twenty-First Century is witnessing an epic struggle between the forces of global governance and American constitutional democracy. Transnational progressives and transnational pragmatists in the UN, EU, post-modern states of Europe, NGOs, corporations, prominent foundations, and most importantly, in America’s leading elites, seek to establish “global governance.” Further, they understand that in order to achieve global governance, American sovereignty must be subordinated to the “global rule of law.” The U.S. Constitution must incorporate “evolving norms of international law.”Sovereignty or Submissionexamines this process with crystalline clarity and alerts the American public to the danger ahead. Global governance seeks legitimacy not in democracy, but in a partisan interpretation of human rights. It would shift power from democracies (U.S., Israel, India) to post-democratic authorities, such as the judges of the International Criminal Court. Global governance is a new political form (a rival to liberal democracy), that is already a significant actor on the world stage. America faces serious challenges from radical Islam and a rising China. Simultaneously, it faces a third challenge (global governance) that is internal to the democratic world; is non-violent; but nonetheless threatens constitutional self-government. Although it seems unlikely that the utopian goals of the globalists could be fully achieved, if they continue to obtain a wide spread influence over mainstream elite opinion, they could disable and disarm democratic self-government at home and abroad. The result would be the slow suicide of American liberal democracy. Whichever side prevails, the existential conflict'global governance versus American sovereignty (and democratic self-government in general) will be at the heart of world politics as far as the eye can see.
You can go after the job you want…and get it! You can take the job you have…and improve it! You can take any situation you’re in…and make it work for you! Since its release in 1936, How to Win Friends and Influence People has sold more than 30 million copies. Dale Carnegie’s first book is a timeless bestseller, packed with rock-solid advice that has carried thousands of now famous people up the ladder of success in their business and personal lives. As relevant as ever before, Dale Carnegie’s principles endure, and will help you achieve your maximum potential in the complex and competitive modern age. Learn the six ways to make people like you, the twelve ways to win people to your way of thinking, and the nine ways to change people without arousing resentment.
Supreme Court Justice Antonin Scalia once remarked that the theory of an evolving, "living" Constitution effectively "rendered the Constitution useless." He wanted a "dead Constitution," he joked, arguing it must be interpreted as the framers originally understood it. In The Living Constitution, leading constitutional scholar David Strauss forcefully argues against the claims of Scalia, Clarence Thomas, Robert Bork, and other "originalists," explaining in clear, jargon-free English how the Constitution can sensibly evolve, without falling into the anything-goes flexibility caricatured by opponents. The living Constitution is not an out-of-touch liberal theory, Strauss further shows, but a mainstream tradition of American jurisprudence--a common-law approach to the Constitution, rooted in the written document but also based on precedent. Each generation has contributed precedents that guide and confine judicial rulings, yet allow us to meet the demands of today, not force us to follow the commands of the long-dead Founders. Strauss explores how judicial decisions adapted the Constitution's text (and contradicted original intent) to produce some of our most profound accomplishments: the end of racial segregation, the expansion of women's rights, and the freedom of speech. By contrast, originalism suffers from fatal flaws: the impossibility of truly divining original intent, the difficulty of adapting eighteenth-century understandings to the modern world, and the pointlessness of chaining ourselves to decisions made centuries ago. David Strauss is one of our leading authorities on Constitutional law--one with practical knowledge as well, having served as Assistant Solicitor General of the United States and argued eighteen cases before the United States Supreme Court. Now he offers a profound new understanding of how the Constitution can remain vital to life in the twenty-first century.
Democracies are in danger. Around the world, a rising wave of populist leaders threatens to erode the core structures of democratic self-rule. In the United States, the tenure of Donald Trump has seemed decisive turning point for many. What kind of president intimidates jurors, calls the news media the “enemy of the American people,” and seeks foreign assistance investigating domestic political rivals? Whatever one thinks of President Trump, many think the Constitution will safeguard us from lasting damage. But is that assumption justified? How to Save a Constitutional Democracy mounts an urgent argument that we can no longer afford to be complacent. Drawing on a rich array of other countries’ experiences with democratic backsliding, Tom Ginsburg and Aziz Z. Huq show how constitutional rules can both hinder and hasten the decline of democratic institutions. The checks and balances of the federal government, a robust civil society and media, and individual rights—such as those enshrined in the First Amendment—often fail as bulwarks against democratic decline. The sobering reality for the United States, Ginsburg and Huq contend, is that the Constitution’s design makes democratic erosion more, not less, likely. Its structural rigidity has had unforeseen consequence—leaving the presidency weakly regulated and empowering the Supreme Court conjure up doctrines that ultimately facilitate rather than inhibit rights violations. Even the bright spots in the Constitution—the First Amendment, for example—may have perverse consequences in the hands of a deft communicator who can degrade the public sphere by wielding hateful language banned in many other democracies. We—and the rest of the world—can do better. The authors conclude by laying out practical steps for how laws and constitutional design can play a more positive role in managing the risk of democratic decline.