Dred Scott and the Problem of Constitutional Evil

Author: Mark A. Graber
Publisher: Cambridge University Press
ISBN: 9781139457071
Format: PDF, ePub, Mobi
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Dred Scott and the Problem of Constitutional Evil , first published in 2006, concerns what is entailed by pledging allegiance to a constitutional text and tradition saturated with concessions to evil. The Constitution of the United States was originally understood as an effort to mediate controversies between persons who disputed fundamental values, and did not offer a vision of the good society. In order to form a 'more perfect union' with slaveholders, late-eighteenth-century citizens fashioned a constitution that plainly compelled some injustices and was silent or ambiguous on other questions of fundamental right. This constitutional relationship could survive only as long as a bisectional consensus was required to resolve all constitutional questions not settled in 1787. Dred Scott challenges persons committed to human freedom to determine whether antislavery northerners should have provided more accommodations for slavery than were constitutionally strictly necessary or risked the enormous destruction of life and property that preceded Lincoln's new birth of freedom.

The U S Supreme Court and New Federalism

Author: Christopher P. Banks
Publisher: Rowman & Littlefield
ISBN: 0742535045
Format: PDF, ePub
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Constitutional scholars Christopher P. Banks and John C. Blakeman offer the most current and the first book-length study of the U.S. Supreme Court's “new federalism” begun by the Rehnquist Court and now flourishing under Chief Justice John Roberts. While the Rehnquist Court reinvorgorated new federalism by protecting state sovereignty and set new constitutional limits on federal power, Banks and Blakeman show that in the Roberts Court new federalism continues to evolve in a docket increasingly attentive to statutory construction, preemption, and business litigation

World War I and the American Constitution

Author: William G. Ross
Publisher: Cambridge University Press
ISBN: 110709464X
Format: PDF
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"This book will explore the political, economic, and social forces that generated such rapid changes in traditional understandings of the constitutional relationships between the federal and state governments and their citizens"--

A New Introduction to American Constitutionalism

Author: Mark A. Graber
Publisher: Oxford University Press
ISBN: 0199943885
Format: PDF, Mobi
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Mark A. Graber explores the fundamental elements of the American constitutional order with particular emphasis on how constitutionalism in the United States is a form of politics and not a means of subordinating politics to law.

Our Undemocratic Constitution

Author: Sanford Levinson
Publisher: Oxford University Press
ISBN: 0199885710
Format: PDF, ePub
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Levinson argues that too many of our Constitution's provisions promote either unjust or ineffective government. Under the existing blueprint, we can neither rid ourselves of incompetent presidents nor assure continuity of government following catastrophic attacks. Less important, perhaps, but certainly problematic, is the appointment of Supreme Court judges for life. Adding insult to injury, the United States Constitution is the most difficult to amend or update of any constitution currently existing in the world today. Democratic debate leaves few stones unturned, but we tend to take our basic constitutional structures for granted. Levinson boldly challenges the American people to undertake a long overdue public discussion on how they might best reform this most hallowed document and construct a constitution adequate to our democratic values. "Admirably gutsy and unfashionable." --Michael Kinsley, The New York Times "Bold, bracingly unromantic, and filled with illuminating insights. He accomplishes an unlikely feat, which is to make a really serious argument for a new constitutional convention, one that is founded squarely on democratic ideals." --Cass R. Sunstein, The New Republic "Everyone who cares about how our government works should read this thoughtful book." --Washington Lawyer

Program

Author: Organization of American Historians. Meeting
Publisher:
ISBN:
Format: PDF, ePub, Mobi
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