The Interpretable Constitution

The Interpretable Constitution

Author: William F. Harris

Publisher:

Published: 1993

Total Pages: 256

ISBN-13:

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"In The Interpretable Constitution William F. Harris II examines three feature of American constitutionalism that are usually taken for granted: the Constitution's authoritativeness, its written character, and its consequent readability. Drawing on recent work in literary as well as constitutional theory, Harris aims to change the very contour and character of debate on constitutional meaning." "A central insight of Harris's work is his view of American politics as consisting of two "texts" - the familiar Constitution itself and the working polity that it signifies. Embracing both of these "texts," Harris offers a rigorous methodology for interpreting each in light of the other. He also attempts to offer a middle ground between the two extremes of strict constructionism, on the one hand, and historicism (the notion that each generation interprets the Constitution anew), on the other. In the process, he describes the ways in which the written Constitution and the working polity mutually limit and transform each other." ""The central idea," Harris writes in his introduction, "is that the systematic interpretability of the Constitution is essential to its bindingness as law. The converse is that ad hoc interpretations or the random taking up of convenient interpretive techniques fundamentally undermines the constitutional order.""--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved


The Communitarian Constitution

The Communitarian Constitution

Author: Beau Breslin

Publisher: JHU Press

Published: 2006-09-21

Total Pages: 292

ISBN-13: 9780801885389

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Bowling Alone, the title of Robert Putnam's 1995 article (later a bestselling book) perfectly captured a sense of national unease: Somewhere along the way, America had become a nation divided by apathy, and the bonds that held together civil society were disappearing. But while the phrase resonated with our growing sense of atomization, it didn't describe a new phenomenon. The fear that isolation has eroded our social bonds had simmered for at least two decades, when communitarianism first emerged as a cogent political philosophy. Communitarianism, as explained in the works of Michael Sandel, Alasdair MacIntyre, Amitai Etzioni, and others, elevates the idea of communal good over the rights of individuals. Throughout the 1980s and 1990s, communitarianism gained popular and political ground. The Clintons touted its principles in the '90s, and the two presidents Bush make frequent references to its central tenets. In its short life, the philosophy has generated plenty of books, both pro and con. Beau Breslin's authoritative and original examination, The Communitarian Constitution, contributes to the debate from a wholly original standpoint. Existing critiques focus on the debate between liberalism and communitarianism—in other words, the conflict between individual rights and the communal good. Breslin takes an entirely different stance, examining the pragmatic question of whether or not communitarian policies are truly practicable in a constitutional society. In tackling this question, Breslin traces the evolution of American communitarianism. He examines Lincoln's unconstitutional Civil War suspension of habeas corpus and draws on Federalist and Anti-Federalist arguments, pegging the Anti-Federalists as communitarians' intellectual forebearers. He also grounds his arguments in the real world, examining the constitutions of Germany and Israel, which offer further insight into the relationship between constitutionalism and communitarianism. At a moment when American politicians and citizenry are struggling to balance competing needs, such as civil rights and homeland security, The Communitarian Constitution is vital reading for anyone interested in the evolving tensions between individual rights and the good of the community.


Constitutional Interpretation

Constitutional Interpretation

Author: Keith E. Whittington

Publisher:

Published: 1999

Total Pages: 328

ISBN-13:

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With its detailed and wide-ranging explorations in history, philosophy, and law, this book is essential reading for anyone interested in how the Constitution ought to be interpreted and what it means to live under a constitutional government."--BOOK JACKET.


Living Constitution, Dying Faith

Living Constitution, Dying Faith

Author: Bradley C. S. Watson

Publisher: Intercollegiate Studies Institute

Published: 2009

Total Pages: 272

ISBN-13:

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In Living Constitution, Dying Faith, political scientist and legal historian Bradley Watson examines how the contemporary embrace of the "living" Constitution has arisen from the radical transformation of American political thought. This transformation, brought about in the late nineteenth century by the philosophies of social Darwinism and pragmatism, explains how and why contemporary jurisprudence is so alien to the constitutionalism of the American Founders. To understand why today's courts rule the way they do, one must start with the ideas exposed by and explained in Watson's timely tome. Today's view--rooted in progressivism--is not simply that we have an interpretable Constitution, but that we have a Constitution which must be interpreted in light of "historically situated," continually evolving notions of the individual, the state, and society. This modern historical approach has been embraced by the judicial appointees of both Democratic and Republican presidents, by both liberals and conservatives, for a century or more. Living Constitution, Dying Faith shows how such an approach has directly undermined Americans' faith in a limited Constitution--as well as their faith in the eternal verities.


An Unamendable Constitution?

An Unamendable Constitution?

Author: Richard Albert

Publisher: Springer

Published: 2018-09-03

Total Pages: 389

ISBN-13: 3319951416

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This book examines the subject of constitutional unamendability from comparative, doctrinal, empirical, historical, political and theoretical perspectives. It explores and evaluates the legitimacy of unamendability in the various forms that exist in constitutional democracies. Modern constitutionalism has given rise to a paradox: can a constitutional amendment be unconstitutional? Today it is normatively contested but descriptively undeniable that a constitutional amendment—one that respects the formal procedures of textual alteration laid down in the constitutional text—may be invalidated for violating either a written or unwritten constitutional norm. This phenomenon of an unconstitutional constitutional amendment traces its political foundations to France and the United States, its doctrinal origins to Germany, and it has migrated in some form to all corners of the democratic world. One can trace this paradox to the concept of constitutional unamendability. Constitutional unamendability can be understood as a formally entrenched provision(s) or an informally entrenched norm that prohibits an alteration or violation of that provision or norm. An unamendable constitutional provision is impervious to formal amendment, even with supermajority or even unanimous agreement from the political actors whose consent is required to alter the constitutional text. Whether or not it is enforced, and also by whom, this prohibition raises fundamental questions implicating sovereignty, legitimacy, democracy and the rule of law.


The Constitutional Convention of 1787 [2 volumes]

The Constitutional Convention of 1787 [2 volumes]

Author: John R. Vile

Publisher: Bloomsbury Publishing USA

Published: 2005-06-24

Total Pages: 1118

ISBN-13: 1851096744

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The first encyclopedic treatment of the personalities, politics, and events involved in drafting the U.S. Constitution. This comprehensive treatment of all the personalities, philosophies, debates, and compromises involved in drafting the U.S. Constitution is the first encyclopedic work on the subject, compiling information into an easily accessible A–Z format. Biographies of all 55 delegates, analysis of the competing political viewpoints, procedural and substantive disputes, along with a host of other details are all presented here. Both the detail and the scholarship in this book are unmatched in any other work; the encyclopedic presentation simply does not exist elsewhere. Civil liberties, the scope of authority of the three branches of government, and other constitutional matters are increasingly at the forefront of public discussion. Scholars, citizens interested in self-education, and reference librarians faced with questions about the Constitution will find in this book all they require to answer their needs.


American Constitutional Law

American Constitutional Law

Author: Donald P. Kommers

Publisher: Rowman & Littlefield

Published: 2004

Total Pages: 794

ISBN-13: 9780742526938

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Designed for an undergraduate course in US constitutional law, the casebook takes a liberal arts approach, tracing constitutional doctrine and policy back to their foundation in social, moral, and political theory, and prompting students to engage the great questions of political life addressed by the Constitution and its interpretation. Opinions of the US Supreme Court constitute the core of the documents. The first edition was published in 1998; the second adds and updates topics. Annotation : 2004 Book News, Inc., Portland, OR (booknews.com).


The Limits of Constitutional Democracy

The Limits of Constitutional Democracy

Author: Jeffrey K. Tulis

Publisher: Princeton University Press

Published: 2010-10-18

Total Pages: 360

ISBN-13: 1400836794

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Constitutional democracy is at once a flourishing idea filled with optimism and promise--and an enterprise fraught with limitations. Uncovering the reasons for this ambivalence, this book looks at the difficulties of constitutional democracy, and reexamines fundamental questions: What is constitutional democracy? When does it succeed or fail? Can constitutional democracies conduct war? Can they preserve their values and institutions while addressing new forms of global interdependence? The authors gathered here interrogate constitutional democracy's meaning in order to illuminate its future. The book examines key themes--the issues of constitutional failure; the problem of emergency power and whether constitutions should be suspended when emergencies arise; the dilemmas faced when constitutions provide and restrict executive power during wartime; and whether constitutions can adapt to such globalization challenges as immigration, religious resurgence, and nuclear arms proliferation. In addition to the editors, the contributors are Sotirios Barber, Joseph Bessette, Mark Brandon, Daniel Deudney, Christopher Eisgruber, James Fleming, William Harris II, Ran Hirschl, Gary Jacobsohn, Benjamin Kleinerman, Jan-Werner Müller, Kim Scheppele, Rogers Smith, Adrian Vermeule, and Mariah Zeisberg.


The Endurance of National Constitutions

The Endurance of National Constitutions

Author: Zachary Elkins

Publisher: Cambridge University Press

Published: 2009-10-19

Total Pages: 271

ISBN-13: 0521515505

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Based on original historical data, this book shows that key changes in design can extend constitutional life.