Constitutional Redemption
Constitutional Redemption

Author: Jack M. Balkin

Publisher: Harvard University Press

Published: 2011-09-09

Total Pages: 305

ISBN-13: 0674060814

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Political constitutions, hammered out by imperfect human beings in periods of intense political controversy, are always compromises with injustice. What makes the U.S. Constitution legitimate, argues this daring book, is Americans’ enduring faith that the Constitution’s promises can someday be redeemed, and the constitutional system be made “a more perfect union.” A leading constitutional theorist, Balkin argues eloquently that the American constitutional project is based in faith, hope, and a narrative of shared redemption. Our belief that the Constitution will deliver us from evil shows in the stories we tell one another about where our country came from and where it is headed, and in the way we use these historical touchstones to justify our fervent (and opposed) political creeds. Because Americans have believed in a story of constitutional redemption, we have assumed the right to decide for ourselves what the Constitution means, and have worked to persuade others to set it on the right path. As a result, constitutional principles have often shifted dramatically over time. They are, in fact, often political compromises in disguise. What will such a Constitution become? We cannot know. But our belief in the legitimacy of the Constitution requires a leap of faith—a gamble on the ultimate vindication of a political project that has already survived many follies and near-catastrophes, and whose destiny is still over the horizon.

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.

Constitutional Redemption
Constitutional Redemption

Author: J. M. Balkin

Publisher: Harvard University Press

Published: 2011-05-09

Total Pages: 305

ISBN-13: 0674058747

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Political constitutions are compromises with injustice. What makes the U.S. Constitution legitimate is Americans’ faith that the constitutional system can be made “a more perfect union.” Balkin argues that the American constitutional project is based in hope and a narrative of shared redemption, and its destiny is still over the horizon.

Conservatives and the Constitution
Conservatives and the Constitution

Author: Ken I. Kersch

Publisher: Cambridge University Press

Published: 2019-03-28

Total Pages: 431

ISBN-13: 0521193109

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Recovers a contested, evolving tradition of conservative constitutional argument that shaped the past and is bidding to make the future.

Constitutional Faith
Constitutional Faith

Author: Sanford Levinson

Publisher: Princeton University Press

Published: 2011-09-11

Total Pages: 276

ISBN-13: 0691152403

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"The book is intended to make clearer the ambiguities of "constitutional faith," i.e. wholehearted attachment to the Constitution as the center of one's (and ultimately the nation's) political life."--The introduction.

Redemption
Redemption

Author: Nicholas Lemann

Publisher: Farrar, Straus and Giroux

Published: 2007-08-21

Total Pages: 274

ISBN-13: 142992361X

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A century after Appomattox, the civil rights movement won full citizenship for black Americans in the South. It should not have been necessary: by 1870 those rights were set in the Constitution. This is the story of the terrorist campaign that took them away. Nicholas Lemann opens his extraordinary new book with a riveting account of the horrific events of Easter 1873 in Colfax, Louisiana, where a white militia of Confederate veterans-turned-vigilantes attacked the black community there and massacred hundreds of people in a gruesome killing spree. This was the start of an insurgency that changed the course of American history: for the next few years white Southern Democrats waged a campaign of political terrorism aiming to overturn the Fourteenth and Fifteenth Amendments and challenge President Grant'ssupport for the emergent structures of black political power. The remorseless strategy of well-financed "White Line" organizations was to create chaos and keep blacks from voting out of fear for their lives and livelihoods. Redemption is the first book to describe in uncompromising detail this organized racial violence, which reached its apogee in Mississippi in 1875. Lemann bases his devastating account on a wealth of military records, congressional investigations, memoirs, press reports, and the invaluable papers of Adelbert Ames, the war hero from Maine who was Mississippi's governor at the time. When Ames pleaded with Grant for federal troops who could thwart the white terrorists violently disrupting Republican political activities, Grant wavered, and the result was a bloody, corrupt election in which Mississippi was "redeemed"—that is, returned to white control. Redemption makes clear that this is what led to the death of Reconstruction—and of the rights encoded in the Fourteenth and Fifteenth Amendments. We are still living with the consequences.

Fault Lines in the Constitution
Fault Lines in the Constitution

Author: Cynthia Levinson

Publisher: Peachtree Publishers

Published: 2017-09-01

Total Pages: 239

ISBN-13: 1682630242

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Many of the political issues we struggle with today have their roots in the US Constitution. Husband-and-wife team Cynthia and Sanford Levinson take readers back to the creation of this historic document and discuss how contemporary problems were first introduced—then they offer possible solutions. Think Electoral College, gerrymandering, even the Senate. Many of us take these features in our system for granted. But they came about through haggling in an overheated room in 1787, and we’re still experiencing the ramifications. Each chapter in this timely and thoughtful exploration of the Constitution’s creation begins with a story—all but one of them true—that connects directly back to a section of the document that forms the basis of our society and government. From the award-winning team, Cynthia Levinson, children’s book author, and Sanford Levinson, constitutional law scholar, Fault Lines in the Constitution will encourage exploration and discussion from young and old readers alike.

Living Originalism
Living Originalism

Author: Jack M. Balkin

Publisher: Harvard University Press

Published: 2011-11-29

Total Pages: 481

ISBN-13: 0674063031

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Originalism and living constitutionalism, so often understood to be diametrically opposing views of our nation’s founding document, are not in conflict—they are compatible. So argues Jack Balkin, one of the leading constitutional scholars of our time, in this long-awaited book. Step by step, Balkin gracefully outlines a constitutional theory that demonstrates why modern conceptions of civil rights and civil liberties, and the modern state’s protection of national security, health, safety, and the environment, are fully consistent with the Constitution’s original meaning. And he shows how both liberals and conservatives, working through political parties and social movements, play important roles in the ongoing project of constitutional construction. By making firm rules but also deliberately incorporating flexible standards and abstract principles, the Constitution’s authors constructed a framework for politics on which later generations could build. Americans have taken up this task, producing institutions and doctrines that flesh out the Constitution’s text and principles. Balkin’s analysis offers a way past the angry polemics of our era, a deepened understanding of the Constitution that is at once originalist and living constitutionalist, and a vision that allows all Americans to reclaim the Constitution as their own.

How Star Wars Conquered the Universe
How Star Wars Conquered the Universe

Author: Chris Taylor

Publisher: Basic Books

Published: 2015-10-06

Total Pages: 490

ISBN-13: 0465097510

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In 1973, a young filmmaker named George Lucas scribbled some notes for a far-fetched space-fantasy epic. Some forty years and 37 billion later, Star Wars -- related products outnumber human beings, a growing stormtrooper army spans the globe, and "Jediism" has become a religion in its own right. Lucas's creation has grown into far more than a cinematic classic; it is, quite simply, one of the most lucrative, influential, and interactive franchises of all time. Yet incredibly, until now the complete history of Star Wars -- its influences and impact, the controversies it has spawned, its financial growth and long-term prospects -- has never been told. In How Star Wars Conquered the Universe, veteran journalist Chris Taylor traces the series from the difficult birth of the original film through its sequels, the franchise's death and rebirth, the prequels, and the preparations for a new trilogy. Providing portraits of the friends, writers, artists, producers, and marketers who labored behind the scenes to turn Lucas's idea into a legend, Taylor also jousts with modern-day Jedi, tinkers with droid builders, and gets inside Boba Fett's helmet, all to find out how Star Wars has attracted and inspired so many fans for so long. Since the first film's release in 1977, Taylor shows, Star Wars has conquered our culture with a sense of lightness and exuberance, while remaining serious enough to influence politics in far-flung countries and spread a spirituality that appeals to religious groups and atheists alike. Controversial digital upgrades and poorly received prequels have actually made the franchise stronger than ever. Now, with a savvy new set of bosses holding the reins and Episode VII on the horizon, it looks like Star Wars is just getting started. An energetic, fast-moving account of this creative and commercial phenomenon, How Star Wars Conquered the Universe explains how a young filmmaker's fragile dream beat out a surprising number of rivals to gain a diehard, multigenerational fan base -- and why it will be galvanizing our imaginations and minting money for generations to come.