This collection of essays, by such renowned scholars as Charles Beard, Andrew C. McLaughlin, and John P. Roche, addresses the myriad questions that surround the creation of the principaldocument of the American governmental system.
Author: Leonard W. Levy
Publisher: Oxford University Press, USA
Category: Constitutional history
Historians have engaged in a prolonged debate, that perhaps defies resolution, over the making of the Constitution. Were the framers enlightened, disinterested statesmen seeking to rescue a nation then drifting dangerously toward anarchy? Were they conspiratorial representatives of a risingfinancial and industrial capitalism? Was the Constitution primarily an economic or a political document? This collection of essays, by such renowned scholars as Charles Beard, Andrew C. McLaughlin, and John P. Roche, addresses the myriad questions that surround the creation of the principaldocument of the American governmental system. With a revised introduction and conclusion, the second edition is an indispensable and timely tool for courses in American government and constitutional history.
In this collection, Sotirios A. Barber and Robert P. George bring together fourteen essays by members of this Princeton group--some of the most distinguished scholars in the field.
Author: Sotirios A. Barber
Publisher: Princeton University Press
What does it mean to have a constitution? Scholars and students associated with Walter Murphy at Princeton University have long asked this question in their exploration of constitutional politics and judicial behavior. These scholars, concerned with the making, maintenance, and deliberate change of the Constitution, have made unique and significant contributions to our understanding of American constitutional law by going against the norm of court-centered and litigation-minded research. Beginning in the late 1970s, this new wave of academics explored questions ranging from the nature of creating the U.S. Constitution to the philosophy behind amending it. In this collection, Sotirios A. Barber and Robert P. George bring together fourteen essays by members of this Princeton group--some of the most distinguished scholars in the field. These works consider the meaning of having a constitution, the implications of particular choices in the design of constitutions, and the meaning of judicial supremacy in the interpretation of the Constitution. The overarching ambition of this collection is to awaken a constitutionalist consciousness in its readers--to view themselves as potential makers and changers of constitutions, as opposed to mere subjects of existing arrangements. In addition to the editors, the contributors are Walter F. Murphy, John E. Finn, Christopher L. Eisgruber, James E. Fleming, Jeffrey K. Tulis, Suzette Hemberger, Stephen Macedo, Sanford Levinson, H. N. Hirsch, Wayne D. Moore, Keith E. Whittington, and Mark E. Brandon.
These essays explore six issues in constitutional framing and interpretation that have compelled Americans to confront Hamilton's bold challenge.
Author: Charles A. Lofgren
Publisher: New York : Oxford University Press
Category: Constitutional law
In 1787 Alexander Hamilton wrote that Americans had the opportunity to demonstrate "whether societies of men are really capable or not of establishing good government from reflection or choice, or whether they are forever destined to depend for their political constitutions on accident and force." These essays explore six issues in constitutional framing and interpretation that have compelled Americans to confront Hamilton's bold challenge. The first three essays focus on the Founding period, examining the original understanding of war-making powers, compulsory military service under the Constitution, and the origins of the Tenth Amendment. The remaining three essays unfold 20th-century episodes, including Justice Oliver Wendell Holmes's denial in Missouri v. Holland that the Tenth Amendment limits the treaty power, erroneous claims for presidential authority in the Curtiss-Wright case, and Harry S. Truman's "police action" in Korea. Closely analyzing the debates of the Founders and their successors, Lofgren offers a wide ranging evaluation of the American constitutional experiment and makes a vital contribution to informed public debate in the present.
This book explores a variety of perspectives concerning the construction of constitutions, as well as the idea of leadership.
Author: Bill Whitehouse
Category: Political Science
This book explores a variety of perspectives concerning the construction of constitutions, as well as the idea of leadership. The discussion carries a great many implications for: democracy, governamce, sovereignty, and social relationships. The backdrop against which the first, lengthy chapter of this book takes place is the Canadian constitutional debates of the 1980s. Nonetheless, the discussion throughout that chapter is intended to provide food for thought for anyone in any country with respect to fundamental themes involving the process of constructing constitutions. The book's two essays on leadership complement one another, as well as the chapter on constitution-making. The initial essay on leadership critically analyzes some traditional and modern approaches to that concept, while the second essay on leadership critiques a number of ideas concerning leadership within a Muslim context. The final chapter -- 'Constitutional 911' -- examines some of the problematic issues surrounding several of the investigations into the events of 9/11. More specifically, this chapter explores both The 9/11 Commission and the NIST (National Institute of Standards and Technology) investigations of 9/11 and, in the process, outlines some of the ways in which those two studies violate fundamental principles in the Constitution. There is a deep need for our ideas about constitutions and leadership to be reconstructed on a regular basis. The present book is one attemmpt to address that need.
Christine M. Korsgaard is one of today's leading moral philosophers: this volume collects ten influential papers by her on practical reason and moral psychology.
Author: Christine M. Korsgaard
Publisher: Oxford University Press, USA
Christine M. Korsgaard is one of the leading moral philosophers : this volume collects ten influential papers by her on practical reason and moral psychology. She draws on the work of such great philosophers as Plato, Aristotle, Kant, and Hume, showing how their ideas can inform the solution of contemporary and traditional problems.
Many examples of this can be given from the constitutional implementations in Turkey, including the review of constitutional changes based on principle, the shutting down of political parties, privatization or the unbreakable system of ...
Author: Fatih ztrk
In the last twenty years, the making of constitutions has gained considerable momentum in countries that have transitioned away from colonialist or communist regimes. Even though this new constitutionalism movement has been received favorably for the most part, some political scientists and lawyers approach these activities with suspicion and skepticism. One of these individuals, and perhaps the most important, is Ran Hirschl. He argues that it is inaccurate to claim that establishing judicial review and constitutionalizing rights will have benefits such as a fair redistribution of social reforms and a balance of power. The new constitutionalism activities, Hirschl believes, are a strategic product of homogenous political elites, along with their associated economic interest groups and judiciary directors. This coalition, concerned only with themselves, is made up of people who are the decision makers when constitutional reforms take place, and who decide on the overall scope and structure of those reforms. Many examples of this can be given from the constitutional implementations in Turkey, including the review of constitutional changes based on principle, the shutting down of political parties, privatization or the unbreakable system of guardianship, and statutes made by legal or constitutional reforms related to religious freedoms and the liberty of conscience. When a new constitution is made, it must include input from a wide range of society, and should not simply be the work of that society's elites. Otherwise, even if it's drafted within a legitimate political system, the constitution will not be an effective long-term solution. In this regard we believe it is crucially important to examine the constitution-making processes of Kenya and South Africa, as well as other constitutional issues from around the world. Our hope is that the new civil constitution being prepared in Turkey will be constructed based on a model that allows for public input both during and after the constitution-making period.
Designed to encourage critical thinking about history, the Major Problems series introduces students to both primary sources and analytical essays on important topics in US history.This collection, designed to be the primary anthology for ...
Author: Kermit Hall
Publisher: Wadsworth Publishing Company
Designed to encourage critical thinking about history, the Major Problems series introduces students to both primary sources and analytical essays on important topics in US history.This collection, designed to be the primary anthology for the introductory survey course, covers the entire chronological span of Constitutional history.Tracing the historical development of American constitutional thought, the Second Edition of this anthology presents the documents critical to constitutional development, including actual legal texts as well as the reactions of prominent legal minds.
In honour of Professor Goldsworthy's retirement, this collection provides new perspectives from a range of leading public law scholars and theorists on the legal and philosophical principles that govern the making and interpretation of laws ...
"Jeffrey Goldsworthy is a renowned constitutional scholar and legal theorist whose work on the powers of Parliament and the interpretation of constitutional and statute laws has helped shape debates on these topics across the English-speaking world. The importance of democratic constitutionalism is central to Professor Goldsworthy's work: it lies at the heart of his defence of Parliamentary supremacy and shapes his approach to both constitutional and statutory interpretation. In honour of Professor Goldsworthy's retirement, this collection provides new perspectives from a range of leading public law scholars and theorists on the legal and philosophical principles that govern the making and interpretation of laws in a constitutional democracy. It also addresses some of the challenges to democratic constitutionalism that have arisen in light of contemporary developments in Australia, Canada, New Zealand, the United Kingdom and the United States."--Bloomsbury Publishing.
... ed . , Responding to Imperfection : The Theory and Practice of Constitutional Amendment ( Princeton : Princeton University Press , 1995 ) Levy , Leonard , Essays on the Making of the Constitution ( New York : Oxford University Press ...
Author: Daniel N. Hoffman
Publisher: SUNY Press
This volume explores the relationship between religion and politics. It brings a varied sample of richly detailed comparative and case studies together with a set of analytical paradigms in an integrated framework. It is a major statement on a timely subject, and a plea for the acknowledgment of normative pluralism as firmly rooted in the history of religion. The editor shows that the fact of political diversity in the history of world religions compels the acceptance of pluralism as a normative principle.
It will hardly be asserted that the Baptists were much affected by the constitution - making going on around them , but plainly the Episcopalians were . Not that we can draw a full parallel between the evolution of one house containing ...