On Constitutional Disobedience

On Constitutional Disobedience

Author: Louis Michael Seidman

Publisher: Oxford University Press

Published: 2012

Total Pages: 175

ISBN-13: 0199898278

DOWNLOAD EBOOK

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.


Constitutional Amendments

Constitutional Amendments

Author: Richard Albert

Publisher: Oxford University Press

Published: 2019-07-15

Total Pages: 353

ISBN-13: 0190640499

DOWNLOAD EBOOK

Constitutional Amendments: Making, Breaking, and Changing Constitutions is both a roadmap for navigating the intellectual universe of constitutional amendments and a blueprint for building and improving the rules of constitutional change. Drawing from dozens of constitutions in every region of the world, this book blends theory with practice to answer two all-important questions: what is an amendment and how should constitutional designers structure the procedures of constitutional change? The first matters now more than ever. Reformers are exploiting the rules of constitutional amendment, testing the limits of legal constraint, undermining the norms of democratic government, and flouting the constitution as written to create entirely new constitutions that masquerade as ordinary amendments. The second question is central to the performance and endurance of constitutions. Constitutional designers today have virtually no resources to guide them in constructing the rules of amendment, and scholars do not have a clear portrait of the significance of amendment rules in the project of constitutionalism. This book shows that no part of a constitution is more important than the procedures we use change it. Amendment rules open a window into the soul of a constitution, exposing its deepest vulnerabilities and revealing its greatest strengths. The codification of amendment rules often at the end of the text proves that last is not always least.


The Constitution of Knowledge

The Constitution of Knowledge

Author: Jonathan Rauch

Publisher: Brookings Institution Press

Published: 2021-06-22

Total Pages: 321

ISBN-13: 0815738870

DOWNLOAD EBOOK

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.


Constitutional Peril

Constitutional Peril

Author: Bruce Fein

Publisher: St. Martin's Press

Published: 2015-06-09

Total Pages: 253

ISBN-13: 1250087090

DOWNLOAD EBOOK

Renowned attorney and political critic Bruce Fein reveals the dangers our Constitution and our nation have faced courtesy of the Bush Administration and a Congress asleep at the switch. In blistering detail, he deconstructs the policies of Bush in the War on Terror--from the flouting of the Foreign Intelligence Surveillance Act to the crippling of the Great Writ of habeas corpus--and forecasts that the damage he's done is unlikely to be repaired quickly or easily. As Barack Obama takes office, there are questions that involve the very foundations of our government and the degrees to which they have been undermined, either actively or passively, by nearly everyone in power today. By exploring the constitutional crises of the past--from Lincoln and habeas corpus to Nixon and Watergate--Fein compellingly and presciently begins to answer those questions.


The Migration of Constitutional Ideas

The Migration of Constitutional Ideas

Author: Sujit Choudhry

Publisher: Cambridge University Press

Published: 2007-01-18

Total Pages: 431

ISBN-13: 1139460773

DOWNLOAD EBOOK

The migration of constitutional ideas across jurisdictions is one of the central features of contemporary constitutional practice. The increasing use of comparative jurisprudence in interpreting constitutions is one example of this. In this 2007 book, leading figures in the study of comparative constitutionalism and comparative constitutional politics from North America, Europe and Australia discuss the dynamic processes whereby constitutional systems influence each other. They explore basic methodological questions which have thus far received little attention, and examine the complex relationship between national and supranational constitutionalism - an issue of considerable contemporary interest in Europe. The migration of constitutional ideas is discussed from a variety of methodological perspectives - comparative law, comparative politics, and cultural studies of law - and contributors draw on case-studies from a wide variety of jurisdictions: Australia, Hungary, India, South Africa, the United Kingdom, the United States, and Canada.


The Invisible Constitution in Comparative Perspective

The Invisible Constitution in Comparative Perspective

Author: Rosalind Dixon

Publisher: Cambridge University Press

Published: 2018-11-08

Total Pages: 595

ISBN-13: 110827885X

DOWNLOAD EBOOK

Constitutions worldwide inevitably have 'invisible' features: they have silences and lacunae, unwritten or conventional underpinnings, and social and political dimensions not apparent to certain observers. The Invisible Constitution in Comparative Perspective helps us understand these dimensions to contemporary constitutions, and their role in the interpretation, legitimacy and stability of different constitutional systems. This volume provides a nuanced theoretical discussion of the idea of 'invisibility' in a constitutional context, and its relationship to more traditional understandings of written versus unwritten constitutionalism. Containing a rich array of case studies, including discussions of constitutional practice in Australia, Canada, China, Germany, Hong Kong, Israel, Italy, Indonesia, Ireland and Malaysia, this book will look at how this aspect of 'invisible constitutions' is manifested across different jurisdictions.


The Global Gamble

The Global Gamble

Author: Peter Gowan

Publisher: Verso

Published: 1999

Total Pages: 344

ISBN-13: 9781859848746

DOWNLOAD EBOOK

The collapse of the Soviet Bloc presented policy makers in Washington with a temptation reminiscent of Faust's, opening up vistas of hitherto unimaginable global power; but the cold breath of Mephistopheles is already blowing across devastated communities from southeast Asia to the Balkan peninsula in the wake of America's bid for world power. In this major analysis of the new era of American domination, Peter Gowan strips away the language of humanitarian ideals that have cloaked US interventions from Baghdad to Belgrade to reveal far more cynical goals, with the real democratic hopes of the peoples of Europe, the South and East systematically trampled down in the rush to impose NATO-based US political leadership across the globe. Gowan surveys the transformation of NATO from Cold War 'security shield' for Western Europe into a global vigilante force in pursuit of US interests, with European footsoldiers under American command. He explains the projected expansion of the EU into a set of first and second class countries, incapable of any political action independent of the United States; and he analyses the catastrophic social and economic effects of the neo-liberal 'Shock Therapy' imposed on Russia and Eastern Europe, with devastating results. Far from being an unstoppable natural force against which every nation state is powerless, Gowan argues compellingly that the process of globalisation has been relentlessly driven forward by the enormous political power of the US state and business interests in a highly conscious bid to extend their strategic dominance over the world economy. He shows how the international finance system—the 'Dollar-Wall Street Regime'—created out of the ashes of Breton Woods has been exploited as a political lever to open up local economies to US products and speculative flows of 'hot' money, and demonstrates how each financial crisis over the last ten years has been used by the Washington-Wall Street axis to force through dramatic economic and social re-engineering in the targeted countries. While posing as a benign economic education for 'developing' economies, US-led rescue packages in fact leave these countries seriously weakened, destroying national industrial sectors while elevating to power such local rentier interests as the Russian mafia-capitalists and leaving the already fragile social tissue of many of these companies irreparably damaged. This masterly survey, both bold and compelling, will become a landmark in the debate on the new world order threatening the twenty-first century.


Faithless Execution

Faithless Execution

Author: Andrew C McCarthy

Publisher: Encounter Books

Published: 2014-06-03

Total Pages: 148

ISBN-13: 1594037779

DOWNLOAD EBOOK

We still imagine ourselves a nation of laws, not of men. This is not merely an article of faith but a bedrock principle of the United States Constitution. Our founding compact provides a remedy against rulers supplanting the rule of law, and Andrew C. McCarthy makes a compelling case for using it. The authors of the Constitution saw practical reasons to place awesome powers in a single chief executive, who could act quickly and decisively in times of peril. Yet they well understood that unchecked power in one person’s hands posed a serious threat to liberty, the defining American imperative. Much of the debate at the Philadelphia convention therefore centered on how to stop a rogue executive who became a law unto himself. The Framers vested Congress with two checks on presidential excess: the power of the purse and the power of impeachment. They are potent remedies, and there are no others. It is a straightforward matter to establish that President Obama has committed “high crimes and misdemeanors,” a term signifying maladministration and abuses of power by holders of high public trust. But making the legal case is insufficient for successful impeachment, leading to removal from office. Impeachment is a political matter and hinges on public opinion. In Faithless Execution, McCarthy weighs the political dynamics as he builds a case, assembling a litany of abuses that add up to one overarching offense: the president’s willful violation of his solemn oath to execute the laws faithfully. The “fundamental transformation” he promised involves concentrating power into his own hands by flouting law—statutes, judicial rulings, the Constitution itself—and essentially daring the other branches of government to stop him. McCarthy contends that our elected representative are duty-bound to take up the dare.


Constitutional Law

Constitutional Law

Author: Erwin Chemerinsky

Publisher: Aspen Publishing

Published: 2024

Total Pages: 1744

ISBN-13:

DOWNLOAD EBOOK

"A comprehensive, accessible text that presents the law solely through case excerpts and author-written essays"--