This book examines Japan and Korea's post-World War II constitutional history to challenge enduring assumptions about the nature of constitution-making.
What does it mean to say that it is 'We the People' who 'ordain and establish' a constitution? Who are those sovereign people, and how can they do so? Interweaving history and theory, constitutional scholar Chaihark Hahm and political theorist Sung Ho Kim attempt to answer these perennial questions by revisiting the constitutional politics of postwar Japan and Korea. Together, these experiences demonstrate the infeasibility of the conventional assumption that there is a clearly bounded sovereign 'people' prior to constitution-making that stands apart from both outside influence and troubled historical legacies. The authors argue that 'We the People' only emerges through a deeply transformative politics of constitutional founding and, as such, a democratic constitution and its putative author are mutually constitutive. Highly original and genuinely multidisciplinary, this book will be of interest to democratic theorists and scholars of comparative constitutionalism as well as observers of ongoing constitutional debates in Japan and Korea.
Levinson here argues that too many of our Constitution's provisions promote either unjust or ineffective government. Under the existing blueprint, we can neither rid ourselves of incompetent presidents nor assure continuity of government following catastrophic attacks. Worse, our Constitution is the most difficult to amend or update in the world. Levinson boldly challenges the Americans to undertake a long overdue public discussion on how they might best reform this most hallowed document and construct a constitution adequate to our democratic values.
"This work will become the defining text on progressive constitutionalism — a parallel to Thomas Picketty’s contribution but for all who care deeply about constitutional law. Beautifully written and powerfully argued, this is a masterpiece." --Lawrence Lessig, Harvard Law School, and author of Free Culture Worried about what a super conservative majority on the Supreme Court means for the future of civil liberties? From gun control to reproductive health, a conservative court will reshape the lives of all Americans for decades to come. The time to develop and defend a progressive vision of the U.S. Constitution that protects the rights of all people is now. University of California Berkeley Dean and respected legal scholar Erwin Chemerinsky expertly exposes how conservatives are using the Constitution to advance their own agenda that favors business over consumers and employees, and government power over individual rights. But exposure is not enough. Progressives have spent too much of the last forty-five years trying to preserve the legacy of the Warren Court’s most important rulings and reacting to the Republican-dominated Supreme Courts by criticizing their erosion of rights—but have not yet developed a progressive vision for the Constitution itself. Yet, if we just look to the promise of the Preamble—liberty and justice for all—and take seriously its vision, a progressive reading of the Constitution can lead us forward as we continue our fight ensuring democratic rule, effective government, justice, liberty, and equality. Includes the Complete Constitution and Amendments of the United States of America
See the US Constitution in a new light with this bold, modern and accessible illustrated guide to the document that helped define democracy. With the unprecedented events and actions that have tested the American political system over the last several years, including the violent overtaking of the U.S. Capitol Building, there has never been a better time to take a closer look at the Constitution, the bedrock of U.S. politics. As part of the critical discussion of current events at school and at home, inquisitive minds will have their questions vividly answered – and new ones raised – by a mix of striking illustrations and clear, engaging text, including passages from the Constitution given in plain English. As well as a detailed history covering the original Constitution, the Bill of Rights and all Amendments, discover how this milestone in American democracy shapes and is shaped by the world at large. We The People shows that, far from a fusty old piece of paper, the US Constitution is a living, evolving rule book that is as relevant today as it has ever been. A fresh take on a monumental document, navigating in style its history and its life today. Excerpts from the Constitution are presented here in plain English to help young thinkers better understand the role it plays in everyday life. Accessible, energetic text accompanied by contemporary, powerful illustrations allows children aged 10 and older to re-think the Constitution in a totally new way. A balanced examination that does not shy away from addressing the difficulties of interpreting and adapting the Constitution for the modern world. We The People takes the Constitution out of its display case, blows off the dust and re-imagines this piece of history for the next generation.
"We the People" describes a new method of governing that creates more inclusive and efficient organizations. Sociocracy ensures the rights of life, liberty, and the pursuit of happiness to everyone, and in the process, makes businesses more profitable and non-profit organizations more effective.
Dr. Ben Carson, the acclaimed, bestselling author of One Nation, America the Beautiful, and Gifted Hands, returns with his unique blend of insight, clarity, and common sense in A More Perfect Union. Dr. Carson proves that you don't have to be a legal scholar to understand, appreciate, and defend the United States Constitution.
This groundbreaking study sets out to clarify one of the most influential but least studied of all political concepts. Despite continual talk of popular sovereignty, the idea of the people has been neglected by political theorists who have been deterred by its vagueness. Margaret Canovan argues that it deserves serious analysis, and that it's many ambiguities point to unresolved political issues. The book begins by charting the conflicting meanings of the people, especially in Anglo-American usage, and traces the concept's development from the ancient populus Romanus to the present day. The book's main purpose is, however, to analyse the political issues signalled by the people's ambiguities. In the remaining chapters, Margaret Canovan considers their theoretical and practical aspects: Where are the people's boundaries? Is people equivalent to nation, and how is it related to humanity - people in general? Populists aim to 'give power back to the people'; how is populism related to democracy? How can the sovereign people be an immortal collective body, but at the same time be us as individuals? Can we ever see that sovereign people in action? Political myths surround the figure of the people and help to explain its influence; should the people itself be regarded as fictional? This original and accessible study sheds a fresh light on debates about popular sovereignty, and will be an important resource for students and scholars of political theory.
The 233-year story of how the American people have taken an imperfect constitution—the product of compromises and an artifact of its time—and made it more democratic Who wrote the Constitution? That’s obvious, we think: fifty-five men in Philadelphia in 1787. But much of the Constitution was actually written later, in a series of twenty-seven amendments enacted over the course of two centuries. The real history of the Constitution is the astonishing story of how subsequent generations have reshaped our founding document amid some of the most colorful, contested, and controversial battles in American political life. It’s a story of how We the People have improved our government’s structure and expanded the scope of our democracy during eras of transformational social change. The People’s Constitution is an elegant, sobering, and masterly account of the evolution of American democracy. From the addition of the Bill of Rights, a promise made to save the Constitution from near certain defeat, to the post–Civil War battle over the Fourteenth Amendment, from the rise and fall of the “noble experiment” of Prohibition to the defeat and resurgence of an Equal Rights Amendment a century in the making, The People’s Constitution is the first book of its kind: a vital guide to America’s national charter, and an alternative history of the continuing struggle to realize the Framers’ promise of a more perfect union.