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.
Do you know what the Constitution ACTUALLY says? This witty and highly relevant annotation of our founding document is the go-to guide to how our government really works (or is supposed to work). Written by political savant and entertainment veteran, Ben Sheehan, and vetted for accuracy by experts in the field of constitutional law, OMG WTF Does the Constitution Actually Say? is an entertaining and accessible guide that explains what the Constitution actually lays out. With clear notes and graphics on everything from presidential powers to Supreme Court nominations to hidden loopholes, Sheehan walks us through the entire Constitution from its preamble to its final amendment (with a bonus section on the Declaration of Independence). Besides putting the Constitution in modern-day English so that it can be understood, OMG WTF Does the Constitution Actually Say? gives readers all of the info they need to be effective voters and citizens in the November elections and beyond.
Constitutionalism has become a byword for legitimate government, but is it fated to lose its relevance as constitutional states relinquish power to international institutions? This book evaluates the extent to which constitutionalism, as an empirical idea and normative ideal, can be adapted to institutions beyond the state by surveying the sophisticated legal and political system of the European Union. Having originated in a series of agreements between states, the EU has acquired important constitutional features like judicial review, protections for individual rights, and a hierarchy of norms. Nonetheless, it confounds traditional models of constitutional rule to the extent that its claim to authority rests on the promise of economic prosperity and technocratic competence rather than on the democratic will of citizens. Critically appraising the European Union and its legal system, this book proposes the idea of "functional constitutionalism" to describe this distinctive configuration of public power. Although the EU is the most advanced instance of functional constitutionalism to date, understanding this pragmatic mode of constitutional authority is essential for assessing contemporary international economic governance.
History comes alive in this illustrated guide to the Constitution and all 27 Amendments. The Constitution has been in the news a lot recently. But most of us could probably use a refresher on this founding document of America--you can probably name the first and second amendments, but what about the 11th, or the 22nd? And what does all of that formal political language actually mean for us today? The U.S. Constitution for Everyone answers these questions and more, like: - How does impeachment work, anyway? - How long is a Senator's term? - What is covered by "freedom of speech"? - What are "emoluments"? - How exactly does a bill become a law? This book makes understanding your rights easy with clear explanations of the complete text of the U.S. Constitution, as well as all 27 Amendments, alongside fascinating historical facts and explanations. A must-read for students, curious citzens, and everyone who'd like to know more about the supreme laws of our nation.
The 800th anniversary of Magna Carta falls in June 2015. In this work Dr Blick argues that this event should be the occasion for a reassessment of the past, present and future of the UK constitution. He draws on his experience as research fellow to the first ever parliamentary inquiry into the possibility of a written constitution for the UK. Dr Blick considers a series of English and UK historical texts from Anglo-Saxon times onwards, among which Magna Carta is the most prominent, which sought to set out arrangements for the governance of England and later the UK as a whole. He argues that they comprise a powerful tradition of written constitutional documents, and stresses the importance of the European dimension to their introduction and content. The author then considers the present nature of the UK constitution, describing the period of immense flux through which it has passed in recent decades, and the implications of this phase of change. Dr Blick identifies a need for a full written constitution for the UK as the next appropriate step. Finally, he discusses the democratic processes suitable to devising such a text, and what its contents might be. 'With this book Andrew Blick has made a major contribution to our understanding of how our system of government has worked in the past, how it is working – or not working – now, and what it could be in the future. Combing the centuries, he challenges many misconceptions and makes a powerful case for a written constitution. This volume is absolutely essential to anyone who wants to appreciate the real meaning of Magna Carta and why we should celebrate it.' Graham Allen MP, Chair, House of Commons Political and Constitutional Reform Committee 'Beyond Magna Carta brings together the utility of a road map with the fascination of a changing cartography of political thought – all part of the constitutional development of these islands from the Great Charter of 1215 to the confusing aftermath of the Scottish Referendum of 2014. It is a superb work of explanation capped by intriguing suggestions of future possibilities.' Lord Hennessy of Nympsfield, FBA, Attlee Professor of Contemporary British History, Queen Mary, University of London.
The US Constitution brought to life for young readers! In this visual celebration of the US Constitution and America's founding fathers, Caldecott Medalist Peter Spier tells the stirring American tale of how this most important document came to symbolize freedom, justice, equality, and hope for all citizens. This fact-filled volume includes: • An illustrated preamble to the Constitution, illuminating its signifcance from its birth through to modern times • The complete text of the Constitution • The fascinating history of the struggle to create and ratify the Constitution • A historical reproduction of the original document Full of illustrations that bring the Constitution to life, this is a must-have resource for every American classroom, library, and home. ★ “A joyful celebration of the people whose leaders created the Constitution.” —Booklist, starred review “A celebration of America’s diversity.” —Kirkus Reviews “Spier has created a tribute that can be appreciated in more than one sitting.” —Publishers Weekly
A landmark work of more than one hundred scholars, The Heritage Guide to the Constitution is a unique line-by-line analysis explaining every clause of America's founding charter and its contemporary meaning. In this fully revised second edition, leading scholars in law, history, and public policy offer more than two hundred updated and incisive essays on every clause of the Constitution. From the stirring words of the Preamble to the Twenty-seventh Amendment, you will gain new insights into the ideas that made America, important debates that continue from our Founding, and the Constitution's true meaning for our nation
Americans hate and distrust their government. At the same time, Americans love and trust their government. These contradictory attitudes are resolved by Fletcher's novel interpretation of constitutional history. He argues that we have two constitutions--still living side by side--one that caters to freedom and fear, the other that satisfied our needs for security and social justice. The first constitution came into force in 1789. It stresses freedom, voluntary association, and republican elitism. The second constitution begins with the Gettysburg Address and emphasizes equality, organic nationhood, and popular democracy. These radical differences between our two constitutions explain our ambivalence and self-contradictory attitudes toward government. With September 11 the second constitution--which Fletcher calls the Secret Constitution--has become ascendant. When America is under threat, the nation cultivates its solidarity. It overcomes its fear and looks to government for protection and the pursuit of social justice. Lincoln's messages of a strong government and a nation that must "long endure" have never been more relevant to American politics. "Fletcher's argument has intriguing implications beyond the sweeping subject of this profoundly thought-provoking book."--The Denver Post
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.