Dissent and the Supreme Court
Dissent and the Supreme Court

Author: Melvin I. Urofsky

Publisher: Vintage

Published: 2015-10-13

Total Pages: 545

ISBN-13: 110187063X

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“Highly illuminating ... for anyone interested in the Constitution, the Supreme Court, and the American democracy, lawyer and layperson alike." —The Los Angeles Review of Books In his major work, acclaimed historian and judicial authority Melvin Urofsky examines the great dissents throughout the Court’s long history. Constitutional dialogue is one of the ways in which we as a people reinvent and reinvigorate our democratic society. The Supreme Court has interpreted the meaning of the Constitution, acknowledged that the Court’s majority opinions have not always been right, and initiated a critical discourse about what a particular decision should mean before fashioning subsequent decisions—largely through the power of dissent. Urofsky shows how the practice grew slowly but steadily, beginning with the infamous and now overturned case of Dred Scott v. Sandford (1857) during which Chief Justice Roger Taney’s opinion upheld slavery and ending with the present age of incivility, in which reasoned dialogue seems less and less possible. Dissent on the court and off, Urofsky argues in this major work, has been a crucial ingredient in keeping the Constitution alive and must continue to be so.

The Dissent of the Governed
The Dissent of the Governed

Author: Stephen L. Carter

Publisher:

Published: 1998-04-12

Total Pages: 200

ISBN-13:

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Between loyalty and disobedience; between recognition of the law’s authority and realization that the law is not always right: In America, this conflict is historic, with results as glorious as the mass protests of the civil rights movement and as inglorious as the armed violence of the militia movement. In an impassioned defense of dissent, Stephen L. Carter argues for the dialogue that negotiates this conflict and keeps democracy alive. His book portrays an America dying from a refusal to engage in such a dialogue, a polity where everybody speaks, but nobody listens. The Dissent of the Governed is an eloquent diagnosis of what ails the American body politic—the unwillingness of people in power to hear disagreement unless forced to—and a prescription for a new process of response. Carter examines the divided American political character on dissent, with special reference to religion, identifying it in unexpected places, with an eye toward amending it before it destroys our democracy. At the heart of this work is a rereading of the Declaration of Independence that puts dissent, not consent, at the center of the question of the legitimacy of democratic government. Carter warns that our liberal constitutional ethos—the tendency to assume that the nation must everywhere be morally the same—pressures citizens to be other than themselves when being themselves would lead to disobedience. This tendency, he argues, is particularly hard on religious citizens, whose notion of community may be quite different from that of the sovereign majority of citizens. His book makes a powerful case for the autonomy of communities—especially but not exclusively religious—into which democratic citizens organize themselves as a condition for dissent, dialogue, and independence. With reference to a number of cases, Carter shows how disobedience is sometimes necessary to the heartbeat of our democracy—and how the distinction between challenging accepted norms and challenging the sovereign itself, a distinction crucial to the Declaration of Independence, must be kept alive if Americans are to progress and prosper as a nation.

Dissent, Injustice, and the Meanings of America
Dissent, Injustice, and the Meanings of America

Author: Steven H. Shiffrin

Publisher: Princeton University Press

Published: 2000-07-30

Total Pages: 219

ISBN-13: 0691070237

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Americans should not just tolerate dissent. They should encourage it. In this provocative and wide-ranging book, Steven Shiffrin makes this case by arguing that dissent should be promoted because it lies at the heart of a core American value: free speech. He contends, however, that the country's major institutions--including the Supreme Court and the mass media--wrongly limit dissent. And he reflects on how society and the law should change to encourage nonconformity. Shiffrin is one of the country's leading first-amendment theorists. He advances his dissent-based theory of free speech with careful reference to its implications for such controversial topics of constitutional debate as flag burning, cigarette advertising, racist speech, and subsidizing the arts. He shows that a dissent-based approach would offer strong protection for free speech--he defends flag burning as a legitimate form of protest, for example--but argues that it would still allow for certain limitations on activities such as hate speech and commercial speech. Shiffrin adds that a dissent-based approach reveals weaknesses in the approaches to free speech taken by postmodernism, Republicanism, deliberative democratic theory, outsider jurisprudence, and liberal theory. Throughout the book, Shiffrin emphasizes the social functions of dissent: its role in combating injustice and its place in cultural struggles over the meanings of America. He argues, for example, that if we took a dissent-based approach to free speech seriously, we would no longer accept the unjust fact that public debate is dominated by the voices of the powerful and the wealthy. To ensure that more voices are heard, he argues, the country should take such steps as making defamation laws more hospitable to criticism of powerful people, loosening the grip of commercial interests on the media, and ensuring that young people are taught the importance of challenging injustice. Powerfully and clearly argued, Shiffrin's book is a major contribution to debate about one of the most important subjects in American public life.

Undervalued Dissent
Undervalued Dissent

Author: Manjusha Nair

Publisher: State University of New York Press

Published: 2016-11-17

Total Pages: 250

ISBN-13: 1438462476

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Honorable Mention, 2018 Global Division Book Award presented by the Global Division of the Society for the Study of Social Problems Historically, the Indian state has not offered welfare and social rights to all of its citizens, yet a remarkable characteristic of its polity has been the ability of citizens to dissent in a democratic way. In Undervalued Dissent, Manjusha Nair argues that this democratic space has been vanishing slowly. Based on extensive fieldwork in Chhattisgarh, a regional state in central India, this book examines two different informal workers' movements. Informal workers are not part of organized labor unions and make up eighty-five percent of the Indian workforce. The first movement started in 1977 and was a success, while the other movement began in 1989 and still continues today, without success. The workers in both movements had similar backgrounds, skills, demands, and strategies. Nair maintains that the first movement succeeded because the workers contended within a labor regime that allowed space for democratic dissent, and the second movement failed because they contested within a widely altered labor regime following neoliberal reforms, where these spaces of democratic dissent were preempted. The key difference between the two regimes, Nair suggests, is not in the withdrawal of a prolabor state from its protective and regulatory role, as has been argued by many, but rather in the rise of a new kind of state that became functionally decentralized, economically predatory, and politically communalized. These changes, Nair concludes, successfully de-democratized labor politics in India.

Why Societies Need Dissent
Why Societies Need Dissent

Author: Cass R. Sunstein

Publisher: Harvard University Press

Published: 2005-04-30

Total Pages: 262

ISBN-13: 9780674017689

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Dissenters are often portrayed as selfish and disloyal, but Sunstein shows that those who reject pressures imposed by others perform valuable social functions, often at their own expense.

The Dissent Papers
The Dissent Papers

Author: Hannah Gurman

Publisher: Columbia University Press

Published: 2012-01-24

Total Pages: 293

ISBN-13: 0231530358

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Beginning with the Cold War and concluding with the 2003 invasion of Iraq, Hannah Gurman explores the overlooked opposition of U.S. diplomats to American foreign policy in the latter half of the twentieth century. During America's reign as a dominant world power, U.S. presidents and senior foreign policy officials largely ignored or rejected their diplomats' reports, memos, and telegrams, especially when they challenged key policies relating to the Cold War, China, and the wars in Vietnam and Iraq. The Dissent Papers recovers these diplomats' invaluable perspective and their commitment to the transformative power of diplomatic writing. Gurman showcases the work of diplomats whose opposition enjoyed some success. George Kennan, John Stewart Service, John Paton Davies, George Ball, and John Brady Kiesling all caught the attention of sitting presidents and policymakers, achieving temporary triumphs yet ultimately failing to change the status quo. Gurman follows the circulation of documents within the State Department, the National Security Council, the C.I.A., and the military, and she details the rationale behind "The Dissent Channel," instituted by the State Department in the 1970s, to both encourage and contain dissent. Advancing an alternative narrative of modern U.S. history, she connects the erosion of the diplomatic establishment and the weakening of the diplomatic writing tradition to larger political and ideological trends while, at the same time, foreshadowing the resurgent significance of diplomatic writing in the age of Wikileaks.

Dissent
Dissent

Author: Ralph Young

Publisher: NYU Press

Published: 2015-04-24

Total Pages: 698

ISBN-13: 1479814520

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Finalist, 2016 Ralph Waldo Emerson Award One of Bustle's Books For Your Civil Disobedience Reading List Examines the key role dissent has played in shaping the United States, emphasizing the way Americans responded to injustices Dissent: The History of an American Idea examines the key role dissent has played in shaping the United States. It focuses on those who, from colonial days to the present, dissented against the ruling paradigm of their time: from the Puritan Anne Hutchinson and Native American chief Powhatan in the seventeenth century, to the Occupy and Tea Party movements in the twenty-first century. The emphasis is on the way Americans, celebrated figures and anonymous ordinary citizens, responded to what they saw as the injustices that prevented them from fully experiencing their vision of America. At its founding the United States committed itself to lofty ideals. When the promise of those ideals was not fully realized by all Americans, many protested and demanded that the United States live up to its promise. Women fought for equal rights; abolitionists sought to destroy slavery; workers organized unions; Indians resisted white encroachment on their land; radicals angrily demanded an end to the dominance of the moneyed interests; civil rights protestors marched to end segregation; antiwar activists took to the streets to protest the nation’s wars; and reactionaries, conservatives, and traditionalists in each decade struggled to turn back the clock to a simpler, more secure time. Some dissenters are celebrated heroes of American history, while others are ordinary people: frequently overlooked, but whose stories show that change is often accomplished through grassroots activism. The United States is a nation founded on the promise and power of dissent. In this stunningly comprehensive volume, Ralph Young shows us its history.

Threat of Dissent
Threat of Dissent

Author: Julia Rose Kraut

Publisher: Harvard University Press

Published: 2020-07-21

Total Pages: 353

ISBN-13: 0674246179

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In this first comprehensive overview of the intersection of immigration law and the First Amendment, a lawyer and historian traces ideological exclusion and deportation in the United States from the Alien Friends Act of 1798 to the evolving policies of the Trump administration. Beginning with the Alien Friends Act of 1798, the United States passed laws in the name of national security to bar or expel foreigners based on their beliefs and associations—although these laws sometimes conflict with First Amendment protections of freedom of speech and association or contradict America’s self-image as a nation of immigrants. The government has continually used ideological exclusions and deportations of noncitizens to suppress dissent and radicalism throughout the twentieth and twenty-first centuries, from the War on Anarchy to the Cold War to the War on Terror. In Threat of Dissent—the first social, political, and legal history of ideological exclusion and deportation in the United States—Julia Rose Kraut delves into the intricacies of major court decisions and legislation without losing sight of the people involved. We follow the cases of immigrants and foreign-born visitors, including activists, scholars, and artists such as Emma Goldman, Ernest Mandel, Carlos Fuentes, Charlie Chaplin, and John Lennon. Kraut also highlights lawyers, including Clarence Darrow and Carol Weiss King, as well as organizations, like the ACLU and PEN America, who challenged the constitutionality of ideological exclusions and deportations under the First Amendment. The Supreme Court, however, frequently interpreted restrictions under immigration law and upheld the government’s authority. By reminding us of the legal vulnerability foreigners face on the basis of their beliefs, expressions, and associations, Kraut calls our attention to the ways that ideological exclusion and deportation reflect fears of subversion and serve as tools of political repression in the United States.