This book explores the US Supreme Court's impact on the constitutional development of the federal government from the founding era forward. The author's research is based on an original database of several hundred landmark decisions compiled from constitutional law casebooks and treatises published between 1822 and 2010. By rigorously and systematically interpreting these decisions, he determines the extent to which the court advanced and consolidated national governing authority. The result is a portrait of how the high court, regardless of constitutional issue and ideology, persistently expanded the reach and scope of the federal government.
In this famous treatise, a Supreme Court Justice describes the conscious and unconscious processes by which a judge decides a case. He discusses the sources of information to which he appeals for guidance and analyzes the contribution that considerations of precedent, logical consistency, custom, social welfare, and standards of justice and morals have in shaping his decisions.
George Mason (1725-92) is often omitted from the small circle of founding fathers celebrated today, but in his service to America he was, in the words of Thomas Jefferson, "of the first order of greatness." Jeff Broadwater provides a comprehensive account of Mason's life at the center of the momentous events of eighteenth-century America. Mason played a key role in the Stamp Act Crisis, the American Revolution, and the drafting of Virginia's first state constitution. He is perhaps best known as author of the Virginia Declaration of Rights, a document often hailed as the model for the Bill of Rights. As a Virginia delegate to the Constitutional Convention in Philadelphia, Mason influenced the emerging Constitution on point after point. Yet when he was rebuffed in his efforts to add a bill of rights and concluded the document did too little to protect the interests of the South, he refused to sign the final draft. Broadwater argues that Mason's recalcitrance was not the act of an isolated dissenter; rather, it emerged from the ideology of the American Revolution. Mason's concerns about the abuse of political power, Broadwater shows, went to the essence of the American experience.
George Mason was a short, bookish man who was a friend and neighbor of athletic, broad-shouldered George Washington. Unlike Washington, Mason has been virtually forgotton by history. But this new biography of forgotten patriot George Mason makes a convincing case that Mason belongs in the pantheon of honored Founding Fathers. Trained in the law, Mason was also a farmer, philosopher, botanist, and musician. He was one of the architects of the Declaration of Independence, an author of the Bill of Rights, and one of the strongest proponents of religious liberty in American history. In fact, both Thomas Jefferson and James Madison may have been given undue credit for George Mason's own contributions to American democracy.
Vol. 1-14 include the proceedings of the Oregon Bar Association, previously issued separately as: Proceedings of the Oregon Bar Association at its ... annual meeting.
In a misguided attempt to eradicate every vestige of "discrimination" in our society, activists and courts are using antidiscrimination laws to erode civil liberties such as free speech, the free exercise of religion, and freedom of association. Civil rights laws today are being applied in ways that threaten free speech on campus and in the workplace, the right of local community activists to speak out against government policies, the rights of private associations such as the Boy Scouts to determine their membership policies, and even the rights of individuals to choose their roommates.
“Hamburger argues persuasively that America has overlaid its constitutional system with a form of governance that is both alien and dangerous.” —Law and Politics Book Review While the federal government traditionally could constrain liberty only through acts of Congress and the courts, the executive branch has increasingly come to control Americans through its own administrative rules and adjudication, thus raising disturbing questions about the effect of this sort of state power on American government and society. With Is Administrative Law Unlawful?, Philip Hamburger answers this question in the affirmative, offering a revisionist account of administrative law. Rather than accepting it as a novel power necessitated by modern society, he locates its origins in the medieval and early modern English tradition of royal prerogative. Then he traces resistance to administrative law from the Middle Ages to the present. Medieval parliaments periodically tried to confine the Crown to governing through regular law, but the most effective response was the seventeenth-century development of English constitutional law, which concluded that the government could rule only through the law of the land and the courts, not through administrative edicts. Although the US Constitution pursued this conclusion even more vigorously, administrative power reemerged in the Progressive and New Deal Eras. Since then, Hamburger argues, administrative law has returned American government and society to precisely the sort of consolidated or absolute power that the US Constitution—and constitutions in general—were designed to prevent. With a clear yet many-layered argument that draws on history, law, and legal thought, Is Administrative Law Unlawful? reveals administrative law to be not a benign, natural outgrowth of contemporary government but a pernicious—and profoundly unlawful—return to dangerous pre-constitutional absolutism.
This book reads Jean-Jacques Rousseau with a view toward deepening our understanding of many political issues alive today, including the place of women in society, the viability of traditional family structures, the role of religion and religious freedom in nations that are becoming ever more secular, and the proper conduct of American constitutional government. Rousseau has been among the most influential modern philosophers, and among the most misunderstood. The first great philosophic critic of the Enlightenment, he sought to revive political philosophy as it was practiced by Plato, and to make it useful in the modern world. His understanding of politics rests on deep and often prescient reflections about the nature of the human soul and the relationship between our animal origins and the achievements of civilization. This book demonstrates that the implications Rousseau drew from those reflections continue to deserve serious attention.
Why we need to stop wasting public funds on education Despite being immensely popular—and immensely lucrative—education is grossly overrated. Now with a new afterword by Bryan Caplan, this explosive book argues that the primary function of education is not to enhance students' skills but to signal the qualities of a good employee. Learn why students hunt for easy As only to forget most of what they learn after the final exam, why decades of growing access to education have not resulted in better jobs for average workers, how employers reward workers for costly schooling they rarely ever use, and why cutting education spending is the best remedy. Romantic notions about education being "good for the soul" must yield to careful research and common sense—The Case against Education points the way.
