Keeping Faith with the Constitution
Keeping Faith with the Constitution

Author: Goodwin Liu

Publisher: Oxford University Press

Published: 2010-08-05

Total Pages: 274

ISBN-13: 0199752834

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Chief 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.

The Dred Scott Case
The Dred Scott Case

Author: Don Edward Fehrenbacher

Publisher:

Published: 1978

Total Pages: 802

ISBN-13:

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Winner of the Pulitzer Prize in 1979, The Dred Scott Case is a masterful examination of the most famous example of judicial failure--the case referred to as "the most frequently overturned decision in history."On March 6, 1857, Chief Justice Roger B. Taney delivered the Supreme Court's decision against Dred Scott, a slave who maintained he had been emancipated as a result of having lived with his master in the free state of Illinois and in federal territory where slavery was forbidden by the Missouri Compromise. The decision did much more than resolve the fate of an elderly black man and his family: Dred Scott v. Sanford was the first instance in which the Supreme Court invalidated a major piece of federal legislation. The decision declared that Congress had no power to prohibit slavery in the federal territories, thereby striking a severe blow at the the legitimacy of the emerging Republican party and intensifying the sectional conflict over slavery.This book represents a skillful review of the issues before America on the eve of the Civil War. The first third of the book deals directly with the with the case itself and the Court's decision, while the remainder puts the legal and judicial question of slavery into the broadest possible American context. Fehrenbacher discusses the legal bases of slavery, the debate over the Constitution, and the dispute over slavery and continental expansion. He also considers the immediate and long-range consequences of the decision.

Transforming Free Speech
Transforming Free Speech

Author: Mark A. Graber

Publisher: Univ of California Press

Published: 2023-11-10

Total Pages: 351

ISBN-13: 0520913132

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Contemporary civil libertarians claim that their works preserve a worthy American tradition of defending free-speech rights dating back to the framing of the First Amendment. Transforming Free Speech challenges the worthiness, and indeed the very existence of one uninterrupted libertarian tradition. Mark A. Graber asserts that in the past, broader political visions inspired libertarian interpretations of the First Amendment. In reexamining the philosophical and jurisprudential foundations of the defense of expression rights from the Civil War to the present, he exposes the monolithic free-speech tradition as a myth. Instead of one conception of the system of free expression, two emerge: the conservative libertarian tradition that dominated discourse from the Civil War until World War I, and the civil libertarian tradition that dominates later twentieth-century argument. The essence of the current perception of the American free-speech tradition derives from the writings of Zechariah Chafee, Jr. (1885-1957), the progressive jurist most responsible for the modern interpretation of the First Amendment. His interpretation, however, deliberately obscured earlier libertarian arguments linking liberty of speech with liberty of property. Moreover, Chafee stunted the development of a more radical interpretation of expression rights that would give citizens the resources and independence necessary for the effective exercise of free speech. Instead, Chafee maintained that the right to political and social commentary could be protected independent of material inequalities that might restrict access to the marketplace of ideas. His influence enfeebled expression rights in a world where their exercise depends increasingly on economic power. Untangling the libertarian legacy, Graber points out the disjunction in the libertarian tradition to show that free-speech rights, having once been transformed, can be transformed again. Well-conceived and original in perspective, Transforming Free Speech will interest political theorists, students of government, and anyone interested in the origins of the free-speech tradition in the United States.

American Issues: Since 1865
American Issues: Since 1865

Author: Irwin Unger

Publisher:

Published: 2002

Total Pages: 436

ISBN-13: 9780130940186

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For a two-semester, freshman/sophomore undergraduate level course in Survey of American History. This popular two-volume series presents an anthology of primary documents, letters, and articles in which participants and contemporary observers express their opinions, make their observations, and reach their conclusions about events and issues of their own day that affected the nation and the American society as a whole. Updated throughout with new material and fresh perspectives, the texts continue to stimulate critical thinking and promote active learning about American history leading students to reject received ideas when appropriate, relate the past to their own experience, and reach conclusions on the basis of evidence.

The Fourth Estate and the Constitution
The Fourth Estate and the Constitution

Author: Lucas A. Powe

Publisher: Univ of California Press

Published: 1992-10-02

Total Pages: 376

ISBN-13: 9780520913165

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In 1964 the Supreme Court handed down a landmark decision in New York Times v. Sullivan guaranteeing constitutional protection for caustic criticism of public officials, thus forging the modern law of freedom of the press. Since then, the Court has decided case after case affecting the rights and restrictions of the press, yet little has ben written about these developments as they pertain to the Fourth Estate. Lucas Powe's essential book now fills this gap. Lucas A. Powe, Jr., a legal scholar specializing in media and the law, goes back to the framing of the First Amendment and chronicles the two main traditions of interpreting freedom of the press to illuminate the issues that today ignite controversy: How can a balance be achieved among reputation, uninhibited discussion, and media power? Under what circumstance can the government seek to protect national security by enjoining the press rather than attempting the difficult task of convincing a jury that publication was a criminal offense? What rights can the press properly claim to protect confidential sources or to demand access to information otherwise barred to the public? And, as the media grow larger and larger, can the government attempt to limit their power by limiting their size? Writing for the concerned layperson and student of both journalism and jurisprudence, Powe synthesizes law, history, and theory to explain and justify full protection of the editorial choices of the press. The Fourth Estate and the Constitution not only captures the sweep of history of Supreme Court decisions on the press, but also provides a timely restatement of the traditional view of freedom of the press at a time when liberty is increasingly called into question.

US Defence Strategy from Vietnam to Operation Iraqi Freedom
US Defence Strategy from Vietnam to Operation Iraqi Freedom

Author: Robert R. Tomes

Publisher: Routledge

Published: 2006-12-13

Total Pages: 426

ISBN-13: 1135985618

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US Defence Strategy from Vietnam to Operation Iraqi Freedom examines the thirty-year transformation in American military thought and defence strategy that spanned from 1973 through 2003. During these three decades, new technology and operational practices helped form what observers dubbed a 'Revolution in Military Affairs' in the 1990s and a 'New American Way of War' in the 2000s. Robert R. Tomes tells for the first time the story of how innovative approaches to solving battlefield challenges gave rise to non-nuclear strategic strike, the quest to apply information technology to offset Soviet military advantages, and the rise of 'decisive operations' in American military strategy. He details an innovation process that began in the shadow of Vietnam, matured in the 1980s as Pentagon planners sought an integrated nuclear-conventional deterrent, and culminated with battles fought during blinding sandstorms on the road to Baghdad in 2003. An important contribution to military innovation studies, the book also presents an innovation framework applicable to current defence transformation efforts. This book will be of much interest to students of strategic studies, US defence policy and US politics in general.

Keeping the Republic
Keeping the Republic

Author: Christine Barbour

Publisher: CQ Press

Published: 2016-11-19

Total Pages: 1898

ISBN-13: 1506362168

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This refreshed and dynamic Eighth Edition of Keeping the Republic revitalizes the twin themes of power and citizenship by adding to the imperative for students to navigate competing political narratives about who should get what, and how they should get it. The exploding possibilities of the digital age make this task all the more urgent and complex. Christine Barbour and Gerald Wright, the authors of this bestseller, continue to meet students where they are in order to give them a sophisticated understanding of American politics and teach them the skills to think critically about it. The entire book has been refocused to look not just at power and citizenship but at the role that control of information and its savvy consumption play in keeping the republic.

Choice in Schooling
Choice in Schooling

Author: David W. Kirkpatrick

Publisher: Loyola Press

Published: 1990

Total Pages: 248

ISBN-13:

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The educational reform movement produced only incremental improvements in student achievement, prompting a need for greater focus on structural and cultural aspects of school organization. Parental choice is the necessary element for successful school reform in the future. The public educational system that has evolved in America is widely perceived to be a failure: Efforts to assist low-income families and students have largely failed, and academic performance has not benefitted from present priorities. An examination of the history of public schooling and various alternatives, the consequences of court decisions regarding public and private schooling, and the results of multiple surveys suggests that a school voucher system would foster decentralization and accountability, extend opportunities to low-income families, and give parents a reason to support continued funding of education. These conclusions are supported by the few pilot projects that have been attempted, such as in the Alum Rock School District in California. Attempts to implement voucher systems will likely be opposed by vested interests, including teacher's unions, school boards, and state and federal bureaucracies. Because of growing social unrest, dissatisfaction with the present system, and the trend toward privatization of government functions, the movement toward educational choice, with or without vouchers, seems to be building momentum. (TEJ)