The must-read summary of Judge Andrew P. Napolitano's book: “Constitutional Chaos: What Happens When the Government Breaks Its Own Laws”. This complete summary of "Constitutional Chaos" by Andrew P. Napolitano outlines the judicial analyst's argument that American citizens rights are no longer guaranteed. He offers examples of instances where the government violated laws and rights to get what they wanted. Added-value of this summary: • Save time • Understand corruption and illegal action in the US government • Expand your knowledge of American politics To learn more, read "Constitutional Chaos" and discover the secrets of corruption in American politics and the criminal justice system.
The United States Constitution's provisions for selecting, replacing, and punishing presidents contain serious weaknesses that could lead to constitutional controversies. In this compelling and fascinating book, Brian Kalt envisions six such controversies, such as the criminal prosecution of a sitting president, a two-term president's attempt to stay in power, the ousting of an allegedly disabled president, and more. None of these things has ever occurred, but in recent years many of them almost have. Besides being individually dramatic, these controversies provide an opportunity to think about how constitutional procedures can best be designed, interpreted, and repaired. Also, because the events Kalt describes would all carry enormous political consequences, they shed light on the delicate and complicated balance between law and politics in American government.
"America's constitutional system evolves through the interplay between three cycles: the rise and fall of dominant political parties, the waxing and waning of political polarization, and alternating episodes of constitutional rot and constitutional renewal. America's politics seems especially fraught today because we are nearing the end of the Republican Party's long political dominance, at the height of a long cycle of political polarization, and suffering from an advanced case of "constitutional rot." Constitutional rot is the historical process through which republics become increasingly less representative and less devoted to the common good. Caused by increasing economic inequality and loss of trust, constitutional rot seriously threatens the constitutional system. But America has been through these cycles before, and will get through them again. America is in a Second Gilded Age slowly moving toward a second Progressive Era, during which polarization will eventually recede. The same cycles shape the work of the federal courts and theories about constitutional interpretation. They explain why political parties have switched sides on judicial review not once but twice in the twentieth century. Polarization and constitutional rot alter the political supports for judicial review, make fights over judicial appointments especially bitter, and encourage constitutional hardball. The Constitution ordinarily relies on the judiciary to protect democracy and to prevent political corruption and self-entrenching behavior. But when constitutional rot is advanced, the Supreme Court is likely to be ineffective and may even make matters worse. Courts cannot save the country from constitutional rot; only political mobilization can"--
This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.
Making, amending, and interpreting constitutions is a political game that can yield widespread suffering or secure a nation's liberty and prosperity. Given these high stakes, Robert Cooter argues that constitutional theory should trouble itself less with literary analysis and arguments over founders' intentions and focus much more on the real-world consequences of various constitutional provisions and choices. Pooling the best available theories from economics and political science, particularly those developed from game theory, Cooter's economic analysis of constitutions fundamentally recasts a field of growing interest and dramatic international importance. By uncovering the constitutional incentives that influence citizens, politicians, administrators, and judges, Cooter exposes fault lines in alternative forms of democracy: unitary versus federal states, deep administration versus many elections, parliamentary versus presidential systems, unicameral versus bicameral legislatures, common versus civil law, and liberty versus equality rights. Cooter applies an efficiency test to these alternatives, asking how far they satisfy the preferences of citizens for laws and public goods. To answer Cooter contrasts two types of democracy, which he defines as competitive government. The center of the political spectrum defeats the extremes in "median democracy," whereas representatives of all the citizens bargain over laws and public goods in "bargain democracy." Bargaining can realize all the gains from political trades, or bargaining can collapse into an unstable contest of redistribution. States plagued by instability and contests over redistribution should move towards median democracy by increasing transaction costs and reducing the power of the extremes. Specifically, promoting median versus bargain democracy involves promoting winner-take-all elections versus proportional representation, two parties versus multiple parties, referenda versus representative democracy, and special governments versus comprehensive governments. This innovative theory will have ramifications felt across national and disciplinary borders, and will be debated by a large audience, including the growing pool of economists interested in how law and politics shape economic policy, political scientists using game theory or specializing in constitutional law, and academic lawyers. The approach will also garner attention from students of political science, law, and economics, as well as policy makers working in and with new democracies where constitutions are being written and refined.
#1 NEW YORK TIMES BESTSELLER • A clear-eyed account of learning how to lead in a chaotic world, by General Jim Mattis—the former Secretary of Defense and one of the most formidable strategic thinkers of our time—and Bing West, a former assistant secretary of defense and combat Marine. “A four-star general’s five-star memoir.”—The Wall Street Journal Call Sign Chaos is the account of Jim Mattis’s storied career, from wide-ranging leadership roles in three wars to ultimately commanding a quarter of a million troops across the Middle East. Along the way, Mattis recounts his foundational experiences as a leader, extracting the lessons he has learned about the nature of warfighting and peacemaking, the importance of allies, and the strategic dilemmas—and short-sighted thinking—now facing our nation. He makes it clear why America must return to a strategic footing so as not to continue winning battles but fighting inconclusive wars. Mattis divides his book into three parts: Direct Leadership, Executive Leadership, and Strategic Leadership. In the first part, Mattis recalls his early experiences leading Marines into battle, when he knew his troops as well as his own brothers. In the second part, he explores what it means to command thousands of troops and how to adapt your leadership style to ensure your intent is understood by your most junior troops so that they can own their mission. In the third part, Mattis describes the challenges and techniques of leadership at the strategic level, where military leaders reconcile war’s grim realities with political leaders’ human aspirations, where complexity reigns and the consequences of imprudence are severe, even catastrophic. Call Sign Chaos is a memoir of a life of warfighting and lifelong learning, following along as Mattis rises from Marine recruit to four-star general. It is a journey about learning to lead and a story about how he, through constant study and action, developed a unique leadership philosophy, one relevant to us all.
Paperback edition of three complete books by Judge Andrew P. Napolitano. Includes the unabridged edition of Constitutional Chaos, The Constitution in Exile, and A Nation of Sheep.
A stunning revision of our founding document’s evolving history that forces us to confront anew the question that animated the founders so long ago: What is our Constitution? Americans widely believe that the United States Constitution was created when it was drafted in 1787 and ratified in 1788. But in a shrewd rereading of the Founding era, Jonathan Gienapp upends this long-held assumption, recovering the unknown story of American constitutional creation in the decade after its adoption—a story with explosive implications for current debates over constitutional originalism and interpretation. When the Constitution first appeared, it was shrouded in uncertainty. Not only was its meaning unclear, but so too was its essential nature. Was the American Constitution a written text, or something else? Was it a legal text? Was it finished or unfinished? What rules would guide its interpretation? Who would adjudicate competing readings? As political leaders put the Constitution to work, none of these questions had answers. Through vigorous debates they confronted the document’s uncertainty, and—over time—how these leaders imagined the Constitution radically changed. They had begun trying to fix, or resolve, an imperfect document, but they ended up fixing, or cementing, a very particular notion of the Constitution as a distinctively textual and historical artifact circumscribed in space and time. This means that some of the Constitution’s most definitive characteristics, ones which are often treated as innate, were only added later and were thus contingent and optional.
In 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.
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.
