The People Themselves

Author: Larry Kramer
Publisher: Oxford University Press, USA
ISBN: 9780195306453
Format: PDF
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Examines the distinct difference between how the people and the founding fathers viewed the new Constitution and how it is interpreted over two hundred years later and maintains that originally the people were the ones responsible for seeing that its concepts were properly implemented.

The People Themselves

Author: Larry D. Kramer
Publisher: Oxford University Press
ISBN: 9780198037828
Format: PDF
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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.

The People Themselves

Author: Larry D. Kramer
Publisher: Oxford University Press
ISBN: 0199883440
Format: PDF, Kindle
Download Now
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.

The people themselves

Author: Larry Kramer
Publisher: Oxford University Press, USA
ISBN: 9780195169188
Format: PDF, Docs
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The United States Constitution is the foundation of the longest and most successful democratic experiment in modern human history. It serves not only as legal bedrock for the world's most powerful nation-state, but also, more broadly, it reflects that nation's fundamental aspirations and commitments as a society. Who then has the authority to interpret a blueprint of such extraordinary influence? Americans have come to treat the Constitution as something beyond their competence, something whose meaning should be decided by judges, assisted by a cadre of trained lawyers and academics. Yet this submission to a lawyerly elite is a radical and troublesome departure from what was originally the case. For America's founding generation celebrated the central role of "the people" in supplying government with its energy and direction. In this groundbreaking interpretation of America's founding and its concept of constitutionalism, Larry Kramer reveals how the first generations of Americans fought for and gave birth to a very different system from our current one and held a very different understanding of citizenship from that of most Americans today. "Popular sovereignty" was more than an empty abstraction, more than a mythic philosophical justification for government, and the idea of "the people" was more than a flip rhetorical gesture to be used on the campaign trail. Ordinary Americans exercised active control and sovereignty over their Constitution. The constitutionality of governmental action met with vigorous public debate in struggles whose outcomes might be greeted with celebratory feasts and bonfires, or with belligerent resistance. The Constitution remained, fundamentally, an act of popular will: the people's charter, made by the people. And it was "the people themselves" who were responsible for seeing that it was properly interpreted and implemented. With this book, Larry Kramer vaults to the forefront of constitutional theory and interpretation. In the process, he rekindles the original spark of "We, the People," inviting every citizen to join him in reclaiming the Constitution's legacy as, in Franklin D. Roosevelt's words, "a layman's instrument of government" and not "a lawyer's contract."

The Civic Constitution

Author: Elizabeth Beaumont
Publisher: Oxford University Press
ISBN: 0199940061
Format: PDF, Mobi
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The Civic Constitution provides a compelling case for rethinking the U.S. Constitution. By exploring pivotal struggles over governmental power, individual rights, and the boundaries of citizenship, this book challenges reigning approaches and reveals the profound importance of 'civic founders' who worked to reinvent the constitutional order.

Weak Courts Strong Rights

Author: Mark Tushnet
Publisher: Princeton University Press
ISBN: 9781400828159
Format: PDF, Mobi
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Unlike many other countries, the United States has few constitutional guarantees of social welfare rights such as income, housing, or healthcare. In part this is because many Americans believe that the courts cannot possibly enforce such guarantees. However, recent innovations in constitutional design in other countries suggest that such rights can be judicially enforced--not by increasing the power of the courts but by decreasing it. In Weak Courts, Strong Rights, Mark Tushnet uses a comparative legal perspective to show how creating weaker forms of judicial review may actually allow for stronger social welfare rights under American constitutional law. Under "strong-form" judicial review, as in the United States, judicial interpretations of the constitution are binding on other branches of government. In contrast, "weak-form" review allows the legislature and executive to reject constitutional rulings by the judiciary--as long as they do so publicly. Tushnet describes how weak-form review works in Great Britain and Canada and discusses the extent to which legislatures can be expected to enforce constitutional norms on their own. With that background, he turns to social welfare rights, explaining the connection between the "state action" or "horizontal effect" doctrine and the enforcement of social welfare rights. Tushnet then draws together the analysis of weak-form review and that of social welfare rights, explaining how weak-form review could be used to enforce those rights. He demonstrates that there is a clear judicial path--not an insurmountable judicial hurdle--to better enforcement of constitutional social welfare rights.

Constitutional Dialogue in Common Law Asia

Author: Po Jen Yap
Publisher: OUP Oxford
ISBN: 019105593X
Format: PDF, Kindle
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In a comprehensive examination of the constitutional systems of Hong Kong, Malaysia, and Singapore, Po Jen Yap contributes to a field that has traditionally focussed on Western jurisdictions. Drawing on the history and constitutional framework of these Asian law systems, this book examines the political structures and traditions that were inherited from the British colonial government and the major constitutional developments since decolonization. Yap examines the judicial crises that have occurred in each of the three jurisdictions and explores the development of sub-constitutional doctrines that allows the courts to preserve the right of the legislature to disagree with the courts' decisions using the ordinary political processes. The book focusses on how these novel judicial techniques can be applied to four core constitutional concerns: freedom of expression, freedom of religion, right to equality, and criminal due process rights. Each chapter examines one core topic and defends a model of dialogic judicial review that offers a compelling alternative to legislative or judicial supremacy.

This Bloodless Liberty

Author: David M. Zuniga
Publisher: Xulon Press
ISBN: 1609572157
Format: PDF, ePub
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Government is totally out of control... Is there hope for America's future? Darkness falls over America. As ancient Rome, our Republic rots from within. Government corruption leads to citizen despair. It's our right, even our citizen duty to enforce the Constitution - but how? Secession, petitions, demonstrations, nullification, and anarchy are proven failures. At this point, voting is futile, also; the rare statesman has no chance against the corrupt supermajority in Congress. What can we do? This Bloodless Liberty presents an eye-opening glimpse at America's predator and parasite class including careers you never imagined are feeding the corruption. Debunking 10 lies that government uses to transform its sovereigns into serfs, AmericaAgain! founder David Zuniga shows how you can leave politics and join history's first neural network for self-government. We have lawful power to enforce our Constitution, if we will only have the wisdom to do so. The Internet offers liberty today as the printing press did 575 years ago. Two million children no longer attend schools yet are more familiar with civics and history than are most adults. Millions have lawfully stopped filing tax returns thus are no longer financing a crime cartel. The Tea Party movement has caused millions to see that both political parties are corrupt. If the Tea Party movement is today's Paul Revere, AmericaAgain! is Madison on a motorcycle. We The People can seize this historic opportunity to stop today's syndicate of politicians, financiers, bureaucrats, military-corporate moguls, and the massive parasite sector. Indeed there is hope. If we exercise courage and repentance, our best days may be ahead. If we fear God and not man, we can be AmericaAgain! www.MyAmericaAgain.org

The Revolutionary Constitution

Author: David J. Bodenhamer
Publisher: OUP USA
ISBN: 0195378334
Format: PDF, Kindle
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The Revolutionary Constitution examines how the Constitution has served as a dynamic and contested framework for legitimating power and advancing liberty in which our past concerns and experiences influence our present understanding. Informed by the latest scholarship, the book is an interpretive synthesis linking constitutional history with American political and social history.