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Author: Richard A. Posner
Publisher: Oxford University Press
Published: 2006-09
Total Pages: 186
ISBN-13: 0195304276
DOWNLOAD EBOOKMany of the measures taken by the Bush administration since 9/11 have sparkedheated protests. Judge Richard A. Posner offers a cogent and elegant responseto these protests, arguing that personal liberty must be balanced with publicsafety in the face of grave national danger.
Author: Louis Michael Seidman
Publisher: Oxford University Press
Published: 2012
Total Pages: 175
ISBN-13: 0199898278
DOWNLOAD EBOOKIn On Constitutional Disobedience, leading constitutional scholar Louis Michael Seidman explains why constitutional disobedience may well produce a better politics and considers the shape that such disobedience might take. First, though, he stresses that is worth remembering the primary goals of the original Constitution's authors, many of which were unseemly both then and now. Should we really feel obligated to defend our electoral college or various other features that arguably lead to unjust results? Yet many of our political debates revolve around constitutional features that no one loves but which everyone feels obligated to defend. After walking through the various defenses put forth by proponents of the US Constitutional system, Seidman shows why none of them hold up. The solution, he claims, is to abandon our loyalty to many of the document's requirements and instead embrace the Constitution as a 'poetic' vision of a just society. Lest we worry that forsaking the Constitution will result in anarchy, we only need to remember Great Britain, which functions very effectively without a written constitution. If we were to do this, we could design sensible institutions that fit our own era and craft solutions that have the support of today's majorities. Seidman worries that if we continue to embrace the anachronistic commands of a centuries-old document, our political and institutional dysfunction will only increase. The answer is not to abandon the Constitution in its entirety, but to treat it as an inspiration while disobeying the many particulars that deserve to go into history's dustbin.
Author: Aziz Z. Huq
Publisher: Oxford University Press
Published: 2021
Total Pages: 193
ISBN-13: 0197556817
DOWNLOAD EBOOK"This book describes and explains the failure of the federal courts of the United States to act and to provide remedies to individuals whose constitutional rights have been violated by illegal state coercion and violence. This remedial vacuum must be understood in light of the original design and historical development of the federal courts. At its conception, the federal judiciary was assumed to be independent thanks to an apolitical appointment process, a limited supply of adequately trained lawyers (which would prevent cherry-picking), and the constraining effect of laws and constitutional provision. Each of these checks quickly failed. As a result, the early federal judicial system was highly dependent on Congress. Not until the last quarter of the nineteenth century did a robust federal judiciary start to emerge, and not until the first quarter of the twentieth century did it take anything like its present form. The book then charts how the pressure from Congress and the White House has continued to shape courts behaviour-first eliciting a mid-twentieth-century explosion in individual remedies, and then driving a five-decade long collapse. Judges themselves have not avidly resisted this decline, in part because of ideological reasons and in part out of institutional worries about a ballooning docket. Today, as a result of these trends, the courts are stingy with individual remedies, but aggressively enforce the so-called "structural" constitution of the separation of powers and federalism. This cocktail has highly regressive effects, and is in urgent need of reform"--
Author: R. Q. Public
Publisher: iUniverse
Published: 2017-03-20
Total Pages: 236
ISBN-13: 153201046X
DOWNLOAD EBOOKThe theme of this book is simple. Everyone is created equal and is born with the rights to live freely and healthfully, to pursue happiness, and to access the common good. Everyone deserves the opportunities to experience these rights. To abuse (mistreat, deceive, violently injure) other people is to violate those rights. No person deserves to be abused. I spent four years formulating plans for and researching the necessity and practicality of integrating this idea into American public policy. Inalienable Rights versus Abuse is the product of that effort. Inalienable Rights versus Abuse exposes the darker side of America in which dwell the bullies, the deceivers, the indifferent hurters, the rights violators. Abusers come in all colors, genders, socio-economic levels, geographic locations, group affiliations, and so forth. This book explains how extensive abuse is in America, why it is a problem, how to recognize abusers, and what the reader can do about them. This book is for those who care enough to improve life in America for everyone. Americans are divided over a number of issues. On one side are those who believe all American citizens deserve opportunities to experience their individual inalienable rights. On the other side are those who support the deprivation of rights opportunities for millions of us. Inalienable Rights versus Abuse explains on which side each of is in relation to a variety of national concerns.
Author: Annette B. Weiner
Publisher: Univ of California Press
Published: 1992-05-13
Total Pages: 268
ISBN-13: 9780520911802
DOWNLOAD EBOOKInalienable Possessions tests anthropology's traditional assumptions about kinship, economics, power, and gender in an exciting challenge to accepted theories of reciprocity and marriage exchange. Focusing on Oceania societies from Polynesia to Papua New Guinea and including Australian Aborigine groups, Annette Weiner investigates the category of possessions that must not be given or, if they are circulated, must return finally to the giver. Reciprocity, she says, is only the superficial aspect of exchange, which overlays much more politically powerful strategies of "keeping-while-giving." The idea of keeping-while-giving places women at the heart of the political process, however much that process may vary in different societies, for women possess a wealth of their own that gives them power. Power is intimately involved in cultural reproduction, and Weiner describes the location of power in each society, showing how the degree of control over the production and distribution of cloth wealth coincides with women's rank and the development of hierarchy in the community. Other inalienable possessions, whether material objects, landed property, ancestral myths, or sacred knowledge, bestow social identity and rank as well. Calling attention to their presence in Western history, Weiner points out that her formulations are not limited to Oceania. The paradox of keeping-while-giving is a concept certain to influence future developments in ethnography and the theoretical study of gender and exchange.
Author: Goodwin Liu
Publisher: Oxford University Press
Published: 2010-08-05
Total Pages: 274
ISBN-13: 0199752834
DOWNLOAD EBOOKChief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.
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Publisher:
Published: 1978
Total Pages: 32
ISBN-13:
DOWNLOAD EBOOKAuthor: A. Naomi Paik
Publisher: UNC Press Books
Published: 2016-01-08
Total Pages: 332
ISBN-13: 1469626322
DOWNLOAD EBOOKIn this bold book, A. Naomi Paik grapples with the history of U.S. prison camps that have confined people outside the boundaries of legal and civil rights. Removed from the social and political communities that would guarantee fundamental legal protections, these detainees are effectively rightless, stripped of the right even to have rights. Rightless people thus expose an essential paradox: while the United States purports to champion inalienable rights at home and internationally, it has built its global power in part by creating a regime of imprisonment that places certain populations perceived as threats beyond rights. The United States' status as the guardian of rights coincides with, indeed depends on, its creation of rightlessness. Yet rightless people are not silent. Drawing from an expansive testimonial archive of legal proceedings, truth commission records, poetry, and experimental video, Paik shows how rightless people use their imprisonment to protest U.S. state violence. She examines demands for redress by Japanese Americans interned during World War II, testimonies of HIV-positive Haitian refugees detained at Guantanamo in the early 1990s, and appeals by Guantanamo's enemy combatants from the War on Terror. In doing so, she reveals a powerful ongoing contest over the nature and meaning of the law, over civil liberties and global human rights, and over the power of the state in people's lives.
Author: Randy E. Barnett
Publisher: HarperCollins
Published: 2016-04-19
Total Pages: 226
ISBN-13: 0062412302
DOWNLOAD EBOOKA concise history of the long struggle between two fundamentally opposing constitutional traditions, from one of the nation’s leading constitutional scholars—a manifesto for renewing our constitutional republic. The Constitution of the United States begins with the words: “We the People.” But from the earliest days of the American republic, there have been two competing notions of “the People,” which lead to two very different visions of the Constitution. Those who view “We the People” collectively think popular sovereignty resides in the people as a group, which leads them to favor a “democratic” constitution that allows the “will of the people” to be expressed by majority rule. In contrast, those who think popular sovereignty resides in the people as individuals contend that a “republican” constitution is needed to secure the pre-existing inalienable rights of “We the People,” each and every one, against abuses by the majority. In Our Republican Constitution, renowned legal scholar Randy E. Barnett tells the fascinating story of how this debate arose shortly after the Revolution, leading to the adoption of a new and innovative “republican” constitution; and how the struggle over slavery led to its completion by a newly formed Republican Party. Yet soon thereafter, progressive academics and activists urged the courts to remake our Republican Constitution into a democratic one by ignoring key passes of its text. Eventually, the courts complied. Drawing from his deep knowledge of constitutional law and history, as well as his experience litigating on behalf of medical marijuana and against Obamacare, Barnett explains why “We the People” would greatly benefit from the renewal of our Republican Constitution, and how this can be accomplished in the courts and the political arena.
Author: David A. Strauss
Publisher: Oxford University Press
Published: 2010-05-19
Total Pages: 171
ISBN-13: 0199703698
DOWNLOAD EBOOKSupreme 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.
