Current changes in the structure of the Supreme Court, as well as recent Supreme Court decisions affecting individual rights, have today brought constitutional issues to the forefront of American thought. This study, based on an original synthesis of political theory, history, law, and a larger approach to the interpretation of culture, develops a general theory of constitutional interpretation, touching on a myriad of current topics of constitutional controversy, including church-state relations, the scope of free speech, and the application of the constitutional right to privacy, abortion, and consensual adult sexual relations.
A chilling indictment on the state of the American family, and the recent drive to deny the fundamental differences between the sexes, Men and Marriage is "an outstandingly important and well-argued book, strangely moving in its combination of scholarly dilligence, common sense, courage, and devotion to the res publica of human civilization".--National Review.
It is a common belief that scripture has no place in modern, secular politics. Graham Hammill challenges this notion in The Mosaic Constitution, arguing that Moses’s constitution of Israel, which created people bound by the rule of law, was central to early modern writings about government and state. Hammill shows how political writers from Machiavelli to Spinoza drew on Mosaic narrative to imagine constitutional forms of government. At the same time, literary writers like Christopher Marlowe, Michael Drayton, and John Milton turned to Hebrew scripture to probe such fundamental divisions as those between populace and multitude, citizenship and race, and obedience and individual choice. As these writers used biblical narrative to fuse politics with the creative resources of language, Mosaic narrative also gave them a means for exploring divine authority as a product of literary imagination. The first book to place Hebrew scripture at the cutting edge of seventeenth-century literary and political innovation, The Mosaic Constitution offers a fresh perspective on political theology and the relations between literary representation and the founding of political communities.
The Palgrave Handbook of Toleration aims to provide a comprehensive presentation of toleration as the foundational idea associated with engagement with diversity. This handbook is intended to provide an authoritative exposition of contemporary accounts of toleration, the central justifications used to advance it, a presentation of the different concepts most commonly associated with it (e.g. respect, recognition) as well as the discussion of the many problems dominating the controversies on toleration at both the theoretical or practical level. The Palgrave Handbook of Toleration is aimed as a resource for a global scholarly audience looking for either a detailed presentation of major accounts of toleration, the most important conceptual issues associated with toleration and the many problems dividing either scholars, policy-makers or practitioners.
Why have the issues of religious liberty, free speech and constitutional privacy come to figure so prominently in our society? What are the origins of the basic principles of our constitutional law? This work develops a general theory of constitutional interpretation based on an original synthesis of political theory, history, law, and a larger approach to the interpretation of culture. Presenting both historical and theoretical arguments in support of a theory that affirms the moral sovereignty of the people, Richards maintains that toleration, or respect for conscience and individual freedom, is the central constitutional ideal. He discusses such current topics of constitutional controversy as church-state relations, the scope of free speech, and the application of the constitutional right to privacy, to abortion, and consensual adult sexual relations.
For more than two hundred years a debate has raged between those who believe that jurists should follow the original intentions of the Founding Fathers and those who argue that the Constitution is a living document subject to interpretation by each succeeding generation. The controversy has flared anew in our own time as a facet of the battle between conservatives and liberals. In Original Intent and the Framers' Constitution, the distinguished constitutional scholar Leonard Levy cuts through the Gordian Knot of claim and counterclaim with an argument that is clear, logical, and compelling. Rejecting the views of both left and right, he evaluates the doctrine of "original intent" by examining the sources of constitutional law and landmark cases. Finally, he finds no evidence for grounding the law in original intent. Judicial activism—the constant reinterpretation of the Constitution—he sees as inevitable.
The Second Treatise is one of the most important political treatises ever written and one of the most far-reaching in its influence. In his provocative 15-page introduction to this edition, the late eminent political theorist C. B. Macpherson examines Locke's arguments for limited, conditional government, private property, and right of revolution and suggests reasons for the appeal of these arguments in Locke's time and since.
How early American Catholics justified secularism and overcame suspicions of disloyalty, transforming ideas of religious liberty in the process. In colonial America, Catholics were presumed dangerous until proven loyal. Yet Catholics went on to sign the Declaration of Independence and helped to finalize the First Amendment to the Constitution. What explains this remarkable transformation? Michael Breidenbach shows how Catholic leaders emphasized their churchÕs own traditionsÑrather than Enlightenment liberalismÑto secure the religious liberty that enabled their incorporation in American life. Catholics responded to charges of disloyalty by denying papal infallibility and the popeÕs authority to intervene in civil affairs. Rome staunchly rejected such dissent, but reform-minded Catholics justified their stance by looking to conciliarism, an intellectual tradition rooted in medieval Catholic thought yet compatible with a republican view of temporal independence and church-state separation. Drawing on new archival material, Breidenbach finds that early American Catholic leaders, including Maryland founder Cecil Calvert and members of the prominent Carroll family, relied on the conciliarist tradition to help institute religious toleration, including the Maryland Toleration Act of 1649. The critical role of Catholics in establishing American churchÐstate separation enjoins us to revise not only our sense of who the American founders were, but also our understanding of the sources of secularism. ChurchÐstate separation in America, generally understood as the product of a Protestant-driven Enlightenment, was in key respects derived from Catholic thinking. Our Dear-Bought Liberty therefore offers a dramatic departure from received wisdom, suggesting that religious liberty in America was not bestowed by liberal consensus but partly defined through the ingenuity of a persecuted minority.
Arming Americans to defend the truth from today's war on facts “In what could be the timeliest book of the year, Rauch aims to arm his readers to engage with reason in an age of illiberalism.” —Newsweek A New York Times Book Review Editors' Choice Disinformation. Trolling. Conspiracies. Social media pile-ons. Campus intolerance. On the surface, these recent additions to our daily vocabulary appear to have little in common. But together, they are driving an epistemic crisis: a multi-front challenge to America's ability to distinguish fact from fiction and elevate truth above falsehood. In 2016 Russian trolls and bots nearly drowned the truth in a flood of fake news and conspiracy theories, and Donald Trump and his troll armies continued to do the same. Social media companies struggled to keep up with a flood of falsehoods, and too often didn't even seem to try. Experts and some public officials began wondering if society was losing its grip on truth itself. Meanwhile, another new phenomenon appeared: “cancel culture.” At the push of a button, those armed with a cellphone could gang up by the thousands on anyone who ran afoul of their sanctimony. In this pathbreaking book, Jonathan Rauch reaches back to the parallel eighteenth-century developments of liberal democracy and science to explain what he calls the “Constitution of Knowledge”—our social system for turning disagreement into truth. By explicating the Constitution of Knowledge and probing the war on reality, Rauch arms defenders of truth with a clearer understanding of what they must protect, why they must do—and how they can do it. His book is a sweeping and readable description of how every American can help defend objective truth and free inquiry from threats as far away as Russia and as close as the cellphone.
This book analyses unamendability in democratic constitutionalism and engages critically and systematically with its perils, offering a much-needed corrective to existing understandings of this phenomenon. Whether formalized in the constitutional text or developed as part of judicial doctrines of implicit unamendability, eternity clauses raise fundamental questions about the core democratic commitments underpinning any given constitution. The book takes seriously the democratic challenge eternity clauses pose and argues that this goes beyond the old tension between constitutionalism and democracy. Instead, eternity clauses reveal themselves to be a far more ambivalent constitutional mechanism, one with greater and more insidious potential for abuse than has been recognized. The 'dark side' of unamendability includes its propensity to insulate majoritarian, exclusionary, and internally incoherent values, as well as its sometimes purely pragmatic role in elite bargaining. The book adopts a contextual approach and brings to the fore a variety of case studies from non-traditional jurisdictions. These insights from the periphery illuminate the prospects of unamendability fulfilling its intended aims - protecting constitutional democracy foremost among them. With its promise most appealing in transitional, post-conflict, and fragile democracies, unamendability reveals itself, counterintuitively, to be both less potent and potentially more dangerous in precisely these contexts. The book also places the rise of eternity clauses in the context of other significant trends in recent constitutional practice: the transnational embeddedness of constitution-making and of constitutional adjudication; the rise of popular participation in constitutional reform processes; and the ongoing crisis of democratic backsliding in liberal democracies.
