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The US Constitution is by no means just a fragile nut-brown document left in a nice glass case at the end of some corridor. Fallon (constitutional law, Harvard Law School) focuses on the social impact of the Constitution, and he begins with its original design and describes the theories and processes of judicial review. He examines civil rights including freedom of speech and association, freedom of religion, protection of economic liberties, equal protection, and fundamental rights. He analyzes the separation of powers, elections and political democracy, limits on state power and resulting individual rights, war and emergency, the reach of the Constitution and the enforcement power of Congress. After his very interesting conclusion about the future of constitutional law, he takes that fragile document out of its case and prints it as an appendix, for those amongst us who have misplaced it somewhere. Annotation ©2004 Book News, Inc., Portland, OR (booknews.com)
Contents Included in this Handy Pocket Reference: The Complete Constitution of the United States     - Preamble and 7 Articles     - The Bill of Rights and All Other Amendments     - In Convention Monday, Sept. 17th, 1787 (Presentation of the Constitution before Congress)     - Congress of the United States Sept. 25, 1797 (The Presentation of the First 12 Amendments to the Legislatures) A Brief History of the US Constitution     - Introduction, Articles of Confederation, The Delegates, The Virginia Plan, The New Jersey Plan, Hamilton's Plan, The Great Compromise, The First Draft, The Federalists & Anti-Federalists, Ratification, The Bill of Rights, The Document Enshrined. The Declaration of Independence Questions and Answers Pertaining to the Constitution (over 80 Questions & Answers covering the key points of the Constitution) Famous Quotes from the Founders (Key Quotes from John Adams, Benjamin Franklin, Thomas Jefferson, James Madison, and George Washington) Inside back cover label with Bonus Coupon Code and URL Web Address for a FREE download of this reference and more in a fully indexed and navigable eBook format for your computer and mobile device. (Includes this entire reference work plus more: US Constitution with Bill of Rights and Amendments, Declaration of Independence, A Brief History of the US Constitution, The Federalist Papers, Common Sense by Thomas Paine, The Articles of Confederation, The Inaugural Addresses of the Presidents (Washington to Obama), The Magna Charta, The Mayflower Compact, and The First Written Constitution) Product Review: AMERICA, 1786. Ten years have past since the signing of the Declaration of Independence. But America's hopes for a united country are dangerously threatened. England wages a new war of unfair trade and tariffs. Fragmented states continually bicker over currencies, trade, taxations. America is a powder keg ready to explode. But a handful of brilliant courageous men, James Madison, George Washington, and Benjamin Franklin, and others lead a three year diplomatic battle that culminates in Philadelphia. There they created a new form of government...one that has since become the standard of freedom and democracy for the rest of the world. Now, in a convenient 96 page booklet, PowerThink Publishing (publishers of The Five Thousand Year Leap & US Constitution Coach Kit), brings you The US Constitution: A Pocket Reference. This booklet gives you everything you need and more to gain a knowledge of the US Constitution and other key documents. Not only does it include the complete Constitution of the United States along with the Bill of Rights and all the Amendments but we have also included A Brief History of the US Constitution, a work that was first published by the National Archives under the title A More Perfect Union: The Creation of the Constitution. This useful work gives a detailed glimpse into the key events leading up to and surrounding the summer of 1787 when a 'few good men' got together in order to form 'a more perfect union' for the people of America. From the abolishment of the Articles of Confederation and the introduction of the Virginia Plan to the Great Compromise and the Document Enshrined, this pocket guide to the US Constitution is a work you won't want to be without. Measuring in inches only 5.75 x 3.75 x 0.2, this handy reference will fit in any pocket to take with you wherever you go.
A guide to the founding document of American government explains the various amendments and provisions in plain English, while describing how the document was revised, expanded, and applied to a wide range of practical concerns. Original.
The future of the U.S. Supreme Court hangs in the balance like never before. Will conservatives or liberals succeed in remaking the court in their own image? In A Constitution of Many Minds, acclaimed law scholar Cass Sunstein proposes a bold new way of interpreting the Constitution, one that respects the Constitution's text and history but also refuses to view the document as frozen in time. Exploring hot-button issues ranging from presidential power to same-sex relations to gun rights, Sunstein shows how the meaning of the Constitution is reestablished in every generation as new social commitments and ideas compel us to reassess our fundamental beliefs. He focuses on three approaches to the Constitution--traditionalism, which grounds the document's meaning in long-standing social practices, not necessarily in the views of the founding generation; populism, which insists that judges should respect contemporary public opinion; and cosmopolitanism, which looks at how foreign courts address constitutional questions, and which suggests that the meaning of the Constitution turns on what other nations do. Sunstein demonstrates that in all three contexts a "many minds" argument is at work--put simply, better decisions result when many points of view are considered. He makes sense of the intense debates surrounding these approaches, revealing their strengths and weaknesses, and sketches the contexts in which each provides a legitimate basis for interpreting the Constitution today. This book illuminates the underpinnings of constitutionalism itself, and shows that ours is indeed a Constitution, not of any particular generation, but of many minds.
This is the LARGE PRINT EDITION of the US Constitution, including the Bill of Rights, all 27 Amendments, the Declaration of Independence, and the Articles of Confederation. Unlike most other available printings, this collection is in Easy-to-Read format to reduce visual strain. This large print edition of the Founding Fathers' documents is presented in its original form without political commentary. The words of George Washington, Thomas Jefferson, Benjamin Franklin, John Hancock, Alexander Hamilton, and many others come through unadulterated in clear type.
In America’s Constitution, one of this era’s most accomplished constitutional law scholars, Akhil Reed Amar, gives the first comprehensive account of one of the world’s great political texts. Incisive, entertaining, and occasionally controversial, this “biography†of America’s framing document explains not only what the Constitution says but also why the Constitution says it. We all know this much: the Constitution is neither immutable nor perfect. Amar shows us how the story of this one relatively compact document reflects the story of America more generally. (For example, much of the Constitution, including the glorious-sounding “We the People,†was lifted from existing American legal texts, including early state constitutions.) In short, the Constitution was as much a product of its environment as it was a product of its individual creators’ inspired genius.Despite the Constitution’s flaws, its role in guiding our republic has been nothing short of amazing. Skillfully placing the document in the context of late-eighteenth-century American politics, America’s Constitution explains, for instance, whether there is anything in the Constitution that is unamendable; the reason America adopted an electoral college; why a president must be at least thirty-five years old; and why–for now, at least–only those citizens who were born under the American flag can become president. From his unique perspective, Amar also gives us unconventional wisdom about the Constitution and its significance throughout the nation’s history. For one thing, we see that the Constitution has been far more democratic than is conventionally understood. Even though the document was drafted by white landholders, a remarkably large number of citizens (by the standards of 1787) were allowed to vote up or down on it, and the document’s later amendments eventually extended the vote to virtually all Americans. We also learn that the Founders’ Constitution was far more slavocratic than many would acknowledge: the “three fifths†clause gave the South extra political clout for every slave it owned or acquired. As a result, slaveholding Virginians held the presidency all but four of the Republic’s first thirty-six years, and proslavery forces eventually came to dominate much of the federal government prior to Lincoln’s election.Ambitious, even-handed, eminently accessible, and often surprising, America’s Constitution is an indispensable work, bound to become a standard reference for any student of history and all citizens of the United States.
In America’s Constitution, one of this era’s most accomplished constitutional law scholars, Akhil Reed Amar, gives the first comprehensive account of one of the world’s great political texts. Incisive, entertaining, and occasionally controversial, this “biography†of America’s framing document explains not only what the Constitution says but also why the Constitution says it. We all know this much: the Constitution is neither immutable nor perfect. Amar shows us how the story of this one relatively compact document reflects the story of America more generally. (For example, much of the Constitution, including the glorious-sounding “We the People,†was lifted from existing American legal texts, including early state constitutions.) In short, the Constitution was as much a product of its environment as it was a product of its individual creators’ inspired genius.Despite the Constitution’s flaws, its role in guiding our republic has been nothing short of amazing. Skillfully placing the document in the context of late-eighteenth-century American politics, America’s Constitution explains, for instance, whether there is anything in the Constitution that is unamendable; the reason America adopted an electoral college; why a president must be at least thirty-five years old; and why–for now, at least–only those citizens who were born under the American flag can become president. From his unique perspective, Amar also gives us unconventional wisdom about the Constitution and its significance throughout the nation’s history. For one thing, we see that the Constitution has been far more democratic than is conventionally understood. Even though the document was drafted by white landholders, a remarkably large number of citizens (by the standards of 1787) were allowed to vote up or down on it, and the document’s later amendments eventually extended the vote to virtually all Americans. We also learn that the Founders’ Constitution was far more slavocratic than many would acknowledge: the “three fifths†clause gave the South extra political clout for every slave it owned or acquired. As a result, slaveholding Virginians held the presidency all but four of the Republic’s first thirty-six years, and proslavery forces eventually came to dominate much of the federal government prior to Lincoln’s election.Ambitious, even-handed, eminently accessible, and often surprising, America’s Constitution is an indispensable work, bound to become a standard reference for any student of history and all citizens of the United States.From the Hardcover edition.
Sam Fink has brought his extraordinary illustrative talent to the document on which our liberties as citizens and our continued existence as a nation depend. The Constitution is presented in a a manner that invites the reader to wonder at its inspiration, its clarity, and its permanence. The foundation document of our nation is thus made accessible to all. It survives, fiercely debated though it may be, more than 200 years after its creation, and it is time for us to turn to it again, to remind ourselves of our foundations. Sam is a master calligrapher, and in examining the words of the Constitution, we read it better, and see its depths more clearly. His illustrations bring to life our founding fathers, the issues underlying the amendments, and the triumphs of this abiding document.Originally published in pen and ink for Random House in 1987, Sam has gone back to the original art and painted it entirely. Welcome Books is honored to present a full-color trade edition of Sam's startling work, exquisi
An inspiring and revelatory look at the document that has made our country the longest surviving democracy in the history of civilization: The Constitution of the United States. The history of democracy is a history of failure. The United States holds the record at 230 years, yet the document at the nation's center is one that we take for granted. Due to a combination of heightened frustration, moves to skirt the constitutional process, and a widespread disconnect between the people and their constitutional "conscience," Lane and Oreskes warn us our system is at risk.  The Genius of America looks at the Constitution's history relative to this current crisis. Starting with the eleven years between the Declaration of Independence and the Constitution's adoption, they show how our near failure to create a loosely knit nation led the framers to devise a system that takes human nature into account. Next they provide examples of how we have weathered crises in the past, from early attempts at political tyranny to the Civil War. Finally they turn to two periods, one of great consensus (from Roosevelt's New Deal through Johnson's Great Society) and another of division (from Reagan through George W. Bush), both of which demonstrate the Constitution's effectiveness.  In the final assessment, Lane and Oreskes challenge us to let this great document work as it was designed--in times of change and stasis. They hold our leaders accountable, calling on them to stop fanning the flames of division. And while evenhanded in its presentation, The Genius of America reminds us the Constitution is our national glue.
The successful creation of the Constitution is a suspense story. The Summer of 1787 takes us into the sweltering room in which delegates struggled for four months to produce the flawed but enduring document that would define the nation -- then and now. George Washington presided, James Madison kept the notes, Benjamin Franklin offered wisdom and humor at crucial times. The Summer of 1787 traces the struggles within the Philadelphia Convention as the delegates hammered out the charter for the world's first constitutional democracy. Relying on the words of the delegates themselves to explore the Convention's sharp conflicts and hard bargaining, David O. Stewart lays out the passions and contradictions of the often painful process of writing the Constitution. It was a desperate balancing act. Revolutionary principles required that the people have power, but could the people be trusted? Would a stronger central government leave room for the states? Would the small states accept a Congress in which seats were alloted according to population rather than to each sovereign state? And what of slavery? The supercharged debates over America's original sin led to the most creative and most disappointing political deals of the Convention. The room was crowded with colorful and passionate characters, some known -- Alexander Hamilton, Gouverneur Morris, Edmund Randolph -- and others largely forgotten. At different points during that sultry summer, more than half of the delegates threatened to walk out, and some actually did, but Washington's quiet leadership and the delegates' inspired compromises held the Convention together. In a country continually arguing over the document's original intent, it is fascinating to watch these powerful characters struggle toward consensus -- often reluctantly -- to write a flawed but living and breathing document that could evolve with the nation.
Our leaders swear to uphold it, our military to defend it. It is the blueprint for the shape and function of government itself and what defines Americans as Americans. But how many of us truly know our Constitution? The United States Constitution: A Graphic Adaptation uses the art of illustrated storytelling to breathe life into our nation’s cornerstone principles. Simply put, it is the most enjoyable and groundbreaking way to read the governing document of the United States. Spirited and visually witty, it roves article by article, amendment by amendment, to get at the meaning, background, and enduring relevance of the law of the land. What revolutionary ideas made the Constitution’s authors dare to cast off centuries of rule by kings and queens? Why do we have an electoral college rather than a popular vote for president and vice president? How did a document that once sanctioned slavery, denied voting rights to women, and turned a blind eye to state governments running roughshod over the liberties of minorities transform into a bulwark of protection for all? The United States Constitution answers all of these questions. Sure to surprise, challenge, and provoke, it is hands down the most memorable introduction to America’s founding document.
The successful creation of the Constitution is a suspense story. The Summer of 1787 takes us into the sweltering room in which delegates struggled for four months to produce the flawed but enduring document that would define the nation -- then and now. George Washington presided, James Madison kept the notes, Benjamin Franklin offered wisdom and humor at crucial times. The Summer of 1787 traces the struggles within the Philadelphia Convention as the delegates hammered out the charter for the world's first constitutional democracy. Relying on the words of the delegates themselves to explore the Convention's sharp conflicts and hard bargaining, David O. Stewart lays out the passions and contradictions of the often painful process of writing the Constitution. It was a desperate balancing act. Revolutionary principles required that the people have power, but could the people be trusted? Would a stronger central government leave room for the states? Would the small states accept a Congress in which seats were alloted according to population rather than to each sovereign state? And what of slavery? The supercharged debates over America's original sin led to the most creative and most disappointing political deals of the Convention. The room was crowded with colorful and passionate characters, some known -- Alexander Hamilton, Gouverneur Morris, Edmund Randolph -- and others largely forgotten. At different points during that sultry summer, more than half of the delegates threatened to walk out, and some actually did, but Washington's quiet leadership and the delegates' inspired compromises held the Convention together. In a country continually arguing over the document's original intent, it is fascinating to watch these powerful characters struggle toward consensus -- often reluctantly -- to write a flawed but living and breathing document that could evolve with the nation.
In 1787. . . We were given the right to practice the religion of our choice. We were given the right to say what we wanted without persecution. It was written that our house and property were secure from unreasonable search and seizure. We were given the right to a public trial. Fifty-five men we will never know sat in a sweltering room and fought for us. We were given our rights as citizens of the United States. Every second fall, as we return again to the ballot box to decide the course of our country’s leadership, every voter must find their way back to that room in Philadelphia. Welcome Books is proud to provide a map. The Constitution of the United States of America, inscribed and illustrated by the master calligrapher, Sam Fink, brings to life the issues underlying the triumphs of this abiding document. Originally published in pen and ink for Random House in 1987, Mr. Fink has gone back to his original black-and-white art and painted it anew, created a full-color masterpiece. The result is glorious. Each amendment, each article, each word so thoughtfully placed in The Constitution has been given Mr. Fink’s profound touch. With a powerful intelligence and a wonderful sense of humor, he has provided us with an entry point into this complex document, allowing us to read it with greater ease and understanding. As well as a trade edition, Welcome Books is honored to present a full-color limited edition of 64 loose folios, each 15†x 22â€, exquisitely designed and produced—matching in its manufacture the stunning quality of Mr. Fink’s ambition and the gravitas of the original document. In 1787, we were entrusted with our most important living document, The Constitution of the United States of America. Have we kept it safe? To answer this, we must begin by reading it, each and every one of us—so that we may claim our own intimate knowledge of its content; so that we may never forget its tenets; so that we may remember the kind of world we want to live in. This, Sam Fink, in his direct and unadorned way, respectful and loving, helps us do.
Here a leading scholar in constitutional law, Mark Tushnet, challenges hallowed American traditions of judicial review and judicial supremacy, which allow U.S. judges to invalidate "unconstitutional" governmental actions. Many people, particularly liberals, have "warm and fuzzy" feelings about judicial review. They are nervous about what might happen to unprotected constitutional provisions in the chaotic worlds of practical politics and everyday life. By examining a wide range of situations involving constitutional rights, Tushnet vigorously encourages us all to take responsibility for protecting our liberties. Guarding them is not the preserve of judges, he maintains, but a commitment of the citizenry to define itself as "We the People of the United States." The Constitution belongs to us collectively, as we act in political dialogue with each other--whether in the street, in the voting booth, or in the legislature as representatives of others.Tushnet urges that we create a "populist" constitutional law in which judicial declarations deserve no special consideration. But he warns that in so doing we must pursue reasonable interpretations of the "thin Constitution"--the fundamental American principles embodied in the Declaration of Independence and the Preamble to the Constitution. A populist Constitution, he maintains, will be more effective than a document exclusively protected by the courts. Tushnet believes, for example, that the serious problems of the communist scare of the 1950s were aggravated when Senator Joseph McCarthy's opponents were lulled into inaction, believing that the judicial branch would step in and declare McCarthy's actions unconstitutional. Instead of fulfilling the expectations, the Court allowed McCarthy to continue his crusade until it was ended. Tushnet points out that in this context and in many others, errors occurred because of the existence of judicial review: neither the People nor their representatives felt empowered to enforce the Constitution because they mistakenly counted on the courts to do so. Tushnet's clarion call for a new kind of constitutional law will be essential reading for constitutional law experts, political scientists, and others interested in how and if the freedoms of the American Republic can survive into the twenty-first century.
219 years ago you were given the right to practice the religion of your choice. 219 years ago you were given the right to say what you wanted without persecution. 219 years ago it was written that your house and property were secure from unreasonable search and seizure. 219 years ago you were given the right to a public trial. 219 years ago, fifty-five men you will never know sat in a sweltering room and they fought and argued for you. 219 years ago you were given your rights as a citizen of the United States. This fall, as we return again to the ballot box to decide the course of our country’s congressional and state leadership, every voter must find their way back to that room in Philadelphia. Welcome Books is proud to provide a map. The Constitution of The United States of America, inscribed and illustrated by the master calligrapher Sam Fink, brings to life the issues underlying the triumphs of this abiding document. Originally published in pen and ink for Random House in 1987, Sam has, at the request of Welcome Books, gone back to the original black-and-white art and painted it entirely, creating a full-color masterpiece. Each amendment, each article, each word so thoughtfully placed in the Constitution has been given Sam’s profound touch. With a powerful intelligence and a wonderful sense of humor, he has provided us with an entry point, allowing us to read this essential document better, more clearly. Welcome Books is honored to present a full-color limited edition of Sam’s startling work as well as a trade edition, exquisitely designed and produced – matching in its manufacture the stunning quality of Sam’s ambition and the gravitas and significance of the original document. The Constitution of The United States of America is the document we must read again and again. There is no more important document in our country. It is the document we must have an intimate knowledge of. It is the document that we must never forget. 219 years ago, you were entrusted with a living document. Have you kept it safe?To begin, we must read it. This, Sam, in his direct and unadorned way, respectful and loving, helps us do. This limited edition features: 1,500 copies, printed on Synergy paper, clamshell box, signed print.
Our leaders swear to uphold it, our military to defend it. It is the blueprint for the shape and function of government itself and what defines Americans as Americans. But how many of us truly know our Constitution? The United States Constitution: A Graphic Adaptation uses the art of illustrated storytelling to breathe life into our nation’s cornerstone principles. Simply put, it is the most enjoyable and groundbreaking way to read the governing document of the United States. Spirited and visually witty, it roves article by article, amendment by amendment, to get at the meaning, background, and enduring relevance of the law of the land. What revolutionary ideas made the Constitution’s authors dare to cast off centuries of rule by kings and queens? Why do we have an electoral college rather than a popular vote for president and vice president? How did a document that once sanctioned slavery, denied voting rights to women, and turned a blind eye to state governments running roughshod over the liberties of minorities transform into a bulwark of protection for all? The United States Constitution answers all of these questions. Sure to surprise, challenge, and provoke, it is hands down the most memorable introduction to America’s founding document.
A complete guide and curriculum to learning and teaching the founding documents of the United States of America including the U.S. Constitution, Declaration of Independence, and all the supporting documents.
Here in a beautifully bound cloth gift edition are the two founding documents of the United States of America: the Declaration of Independence (1776), our great revolutionary manifesto, and the Constitution (1787-88), in which “We the People†forged a new nation and built the framework for our federal republic. Together with the Bill of Rights and the Civil War amendments, these documents constitute what James Madison called our “political scriptures,†and have come to define us as a people. Now a Pulitzer Prize–winning historian serves as a guide to these texts, providing historical contexts and offering interpretive commentary. In an introductory essay written for the general reader, Jack N. Rakove provides a narrative political account of how these documents came to be written. In his commentary on the Declaration of Independence, Rakove sets the historical context for a fuller appreciation of the important preamble and the list of charges leveled against the Crown. When he glosses the Constitution, the Bill of Rights, and the subsequent amendments, Rakove once again provides helpful historical background, targets language that has proven particularly difficult or controversial, and cites leading Supreme Court cases. A chronology of events provides a framework for understanding the road to Philadelphia. The general reader will not find a better, more helpful guide to our founding documents than Jack N. Rakove. (20090914)
Providing a detailed analysis of Thailand's political development since 1932, when Thailand became a constitutional monarchy, until the present,  this book examines the large number of different versions of the constitution which Thailand has had since 1932, and explains why the constitution has been subject to such frequent change, and why there have been so many outbursts of violent, political unrest. It explores the role of the military, and, most importantly, discusses the role of the monarchy, which, as the author shows, has been crucial in holding Thailand together through the various changes of regime. The author brings to light original and largely unseen documents from the Public Records Office and US National Archives, as well as drawing upon her extensive knowledge of politics in Thailand.
“No society can make a perpetual constitution, or even a perpetual law. The earth belongs to the living generation.â€â€”Thomas Jefferson“A constitution intended to endure for years to come [is] consequently to be adapted to the various crises of human affairs.â€â€”John Marshall “This book will ask readers to set aside their own political loyalties, to look past the current ‘values’ debates and hot-button issues, to consider this very real possibility: that the failure of the nation to update the Constitution and the structure of government it originally bequeathed to us is at the root of our current political dysfunction.â€â€”Larry Sabato The political book of the year, from the acclaimed founder and director of the Center for Politics at the University of Virginia. Larry Sabato has one of the most visionary and fertile political minds in America. Like so many, he is increasingly alarmed at the growing dysfunction and unfairness of our political system. To solve this, to restore the equity for ordinary citizens that is at the core of our democratic society, we must take a radical step—to revise the Constitution, the document that guides our political process, for until some of its outmoded provisions are reformed, we will only have more of the same.The original framers fully expected the Constitution to be regularly revised by succeeding generations to reflect the country’s changing needs; yet, apart from the ten amendments in the Bill of Rights, it has only been amended 17 times in 220 years, and most of those amendments had minor ramifications. Today, partisan gridlock dominates Washington; 17 percent of voters elect a majority of senators; the presidency has assumed unprecedented and unintended powers; while politicians spend as much time campaigning for office as they do governing; and average Americans feel more and more disconnected from the political process so that half or more don’t vote in many elections—all of which would have horrified Jefferson and Madison.A More Perfect Constitution presents twenty three creative and dynamic proposals to reinvigorate American governance at a time when such change is urgently needed. Combining idealism and pragmatism, and with full respect for the original document, Sabato's thought-provoking ideas range from the length of the president’s term in office and the number and terms of Supreme Court justices to the structure of Congress, the vagaries of the antiquated Electoral College, and a compelling call for universal national service—all laced through with the history behind each issue and their potential impact on the lives of ordinary people.Aware that such changes won’t happen easily, Sabato urges us nonetheless to engage in the debate and discussion they will surely engender. As we head towards a presidential election year, no book is more relevant or significant than his.
"No society can make a perpetual constitution, or even a perpetual law. The earth belongs to the living generation."--Thomas Jefferson"A constitution intended to endure for years to come [is] consequently to be adapted to the various crises of human affairs."--John Marshall "This book will ask readers to set aside their own political loyalties, to look past the current 'values' debates and hot-button issues, to consider this very real possibility: that the failure of the nation to update the Constitution and the structure of government it originally bequeathed to us is at the root of our current political dysfunction."--Larry Sabato The political book of the year, from the acclaimed founder and director of the Center for Politics at the University of Virginia. Larry Sabato has one of the most visionary and fertile political minds in America. Like so many, he is increasingly alarmed at the growing dysfunction and unfairness of our political system. To solve this, to restore the equity for ordinary citizens that is at the core of our democratic society, we must take a radical step--to revise the Constitution, the document that guides our political process, for until some of its outmoded provisions are reformed, we will only have more of the same.The original framers fully expected the Constitution to be regularly revised by succeeding generations to reflect the country's changing needs; yet, apart from the ten amendments in the Bill of Rights, it has only been amended 17 times in 220 years, and most of those amendments had minor ramifications. Today, partisan gridlock dominates Washington; 17 percent of voters elect a majority of senators; the presidency has assumed unprecedented and unintended powers; while politicians spend as much time campaigning for office as they do governing; and average Americans feel more and more disconnected from the political process so that half or more don't vote in many elections--all of which would have horrified Jefferson and Madison.A More Perfect Constitution presents twenty three creative and dynamic proposals to reinvigorate American governance at a time when such change is urgently needed. Combining idealism and pragmatism, and with full respect for the original document, Sabato's thought-provoking ideas range from the length of the president's term in office and the number and terms of Supreme Court justices to the structure of Congress, the vagaries of the antiquated Electoral College, and a compelling call for universal national service--all laced through with the history behind each issue and their potential impact on the lives of ordinary people.Aware that such changes won't happen easily, Sabato urges us nonetheless to engage in the debate and discussion they will surely engender. As we head towards a presidential election year, no book is more relevant or significant than his.
Japan's Contested Constitution is essential reading for anyone with an interest in Japanese domestic politics and the international role of Japan. Subjects covered include;* the no war, `pacifist' clause* tension between the constitution and the US-Japan security treaty* the political import of the constitution for Japanese political parties* the significance of the constitution for the Japanese people
An entertaining and informative look at America's most important historical document, from an award-winning journalist.Would national identity cards impose on our libertyDid the Supreme Court really "choose" George W. Bush as our presidentDo campaign contribution caps infringe on our freedom of speechThe United States Constitution is the basis for our most fundamental rights as Americans, and is a key element in nearly every major legal and political debate ever argued. But how many of us actually understand the language used by our Founding FathersNow Linda R. Monk, an award-winning author and journalist, takes us through the Constitution, line by line, to help us comprehend this amazing document. From the Preamble, which she analyzes with inspiration from Ruth Bader Ginsburg, Charlton Heston, and James Madison, to each and every amendment, Monk enlightens us by offering insight, legal expertise, surprising facts and trivia, opposing interpretations, and historical anecdotes to breathe life into this provocative and hallowed document.
The political book of the year, from the acclaimed founder and director of the Center for politics at the University of Virginia.A More Perfect Constitution presents creative and dynamic proposals from one of the most visionary and fertile political minds of our time to reinvigorate our Constitution and American governance at a time when such change is urgently needed, given the growing dysfunction and unfairness of our political system .  Combining idealism and pragmatism, and with full respect for the original document, Larry Sabato’s thought-provoking ideas range from the length of the president’s term in office and the number and terms of Supreme Court justices to the vagaries of the antiquated Electoral College, and a compelling call for universal national service—all laced through with the history behind each proposal and the potential impact on the lives of ordinary people.  Aware that such changes won’t happen easily, but that the original Framers fully expected the Constitution to be regularly revised, Sabato urges us to engage in the debate and discussion his ideas will surely engender. During a presidential election year, no book is more relevant or significant than this.
The political book of the year, from the acclaimed founder and director of the Center for politics at the University of Virginia.A More Perfect Constitution presents creative and dynamic proposals from one of the most visionary and fertile political minds of our time to reinvigorate our Constitution and American governance at a time when such change is urgently needed, given the growing dysfunction and unfairness of our political system .  Combining idealism and pragmatism, and with full respect for the original document, Larry Sabato’s thought-provoking ideas range from the length of the president’s term in office and the number and terms of Supreme Court justices to the vagaries of the antiquated Electoral College, and a compelling call for universal national service—all laced through with the history behind each proposal and the potential impact on the lives of ordinary people.  Aware that such changes won’t happen easily, but that the original Framers fully expected the Constitution to be regularly revised, Sabato urges us to engage in the debate and discussion his ideas will surely engender. During a presidential election year, no book is more relevant or significant than this.
What happens when the political ideas and constitutional interpretations of one generation are replaced by those of another? This process has occurred throughout American history down to the present day as "we the people" change our minds about how we govern ourselves. Depicting a monumental clash of generations, Gerard Magliocca reminds us once again how our Constitution remains a living document. Magliocca reinterprets the legal landmarks of the Jacksonian era to demonstrate how the meaning of the Constitution evolves in a cyclical and predictable fashion. He highlights the ideological battles fought by Jacksonian Democrats against Federalists and Republicans over states' rights, presidential authority, the scope of federal power, and other issues. By doing so he shows how presidential politics, Supreme Court decisions, and congressional maneuverings interweave, creating a recurrent pattern of constitutional change. Magliocca builds on the view that major changes in American political and constitutional development occur generationally-in roughly thirty-year intervals-and move from dominant regime to the emergence of a counter-regime. Focusing on a period largely neglected in studies of such change, he offers a lucid introduction to the political and legal history of the antebellum era while tracing Jackson's remarkable consolidation of power in the executive branch. The Jacksonian movement grew out of discontent over the growth of federal power and the protection given Native Americans at the expense of frontier whites, and Magliocca considers such issues to support his argument. He examines Jackson's defeat of the Bank of the United States, shows how his clash with the Marshall Court over the Cherokee "problem" in Worcester v. Georgia sparked the revival of abolitionist culture and foreshadowed the Fourteenth Amendment, and also offers a new look at Dred Scott, M'Culloch v. Maryland, judicial review, and presidential vetoes. His analysis shows how the interaction of reformers and conservatives drives change and how rough-and-tumble politics shapes our Republic more than the creativity of judicial decisions. Offering intriguing parallels between Jackson and George W. Bush regarding the scope of executive power, Magliocca has produced a rich synthesis of history, political science, and law that revives our understanding of an entire era and its controversies, while providing a model of constitutional law applicable to any period.
Never in history have 1,322 words held out such extraordinary determination to be free as those found in the Declaration of Independence. In 1787, "We the people" were the three words that not only engendered a new and cohesive nation; they went on to change the face of the world as well. In 1791, the first ten Amendments to the Constitution of the United States of America, known to us as the Bill of Rights introduced the world to the concept of those singular rights that ought to belong to every free individual.In one compact volume, the full texts of both the Declaration of Independence and the Constitution of the United States of America with all ratified twenty-seven Amendments to the Constitution are side by side -- along with another of America's seminal documents, Thomas Jefferson's Virginia Statute on Religious Freedom, an additional world-changing statement that codified for the first time that one cannot be required by law to support or prefer any belief or be punished for those one does profess -- and the basis for what we have come to know as the "wall of separation" between church and state.Who we are and what we are free to be as citizens of the United States of America is contained between these covers. Cass R. Sunstein prefaces the volume with a succinct history and interpretation of the place and meaning of both the Declaration and the Constitution in American life. Enhanced by an index and suggestions for further reading, this volume, small in size but overwhelming in the impact of its contents, belongs in the home of every citizen of the United States.
he United States Constitution is the basis for our most fundamental rights as Americans, and is a key element in nearly every major legal and political debate ever argued. But how many of us actually understand the language used by our Founding Fathers Now Linda R. Monk, an award-winning author and journalist, takes us through the Constitution, line by line, to help us comprehend this amazing document. From the Preamble, which she analyzes with inspiration from Supreme Court Justice Ruth Bader Ginsburg, Charlton Heston, and James Madison, to each and every amendment, Monk offers insight, legal expertise, surprising facts and trivia, opposing interpretations, and historical anecdotes to breathe life into this provocative and hallowed document.
When the delegates left the Constitutional Convention in Philadelphia in September 1787, the new Constitution they had written was no more than a proposal. Elected conventions in at least nine of the thirteen states would have to ratify it before it could take effect. There was reason to doubt whether that would happen. The document we revere today as the foundation of our country’s laws, the cornerstone of our legal system, was hotly disputed at the time. Some Americans denounced the Constitution for threatening the liberty that Americans had won at great cost in the Revolutionary War. One group of fiercely patriotic opponents even burned the document in a raucous public demonstration on the Fourth of July. In this splendid new history, Pauline Maier tells the dramatic story of the yearlong battle over ratification that brought such famous founders as Washington, Hamilton, Madison, Jay, and Henry together with less well-known Americans who sometimes eloquently and always passionately expressed their hopes and fears for their new country. Men argued in taverns and coffeehouses; women joined the debate in their parlors; broadsides and newspaper stories advocated various points of view and excoriated others. In small towns and counties across the country people read the document carefully and knew it well. Americans seized the opportunity to play a role in shaping the new nation. Then the ratifying conventions chosen by "We the People" scrutinized and debated the Constitution clause by clause. Although many books have been written about the Constitutional Convention, this is the first major history of ratification. It draws on a vast new collection of documents and tells the story with masterful attention to detail in a dynamic narrative. Each state’s experience was different, and Maier gives each its due even as she focuses on the four critical states of Pennsylvania, Massachusetts, Virginia, and New York, whose approval of the Constitution was crucial to its success. The New Yorker Gilbert Livingston called his participation in the ratification convention the greatest transaction of his life. The hundreds of delegates to the ratifying conventions took their responsibility seriously, and their careful inspection of the Constitution can tell us much today about a document whose meaning continues to be subject to interpretation. Ratification is the story of the founding drama of our nation, superbly told in a history that transports readers back more than two centuries to reveal the convictions and aspirations on which our country was built.
In Marbury v. Madison Chief Justice John Marshall defined the Constitution as "a superior, paramount law," one that superseded the laws passed by Congress and state legislatures. What makes it paramount? This book sets out to recover the enduring principles, purposes, and meanings that inform the founders' charter and continue to offer us political guidance more than 200 years later. In so doing it steers a middle course between "originalists" who constrict interpretation to constitutional specifics and "relativists" who adapt the Constitution to the moment by ignoring original meaning. "Original intent," Ralph Ketcham argues, is best discerned by a study of the political climate that nourished the Constitution and the Bill of Rights and, more particularly, by understanding the broader meanings, intentions, and purposes of the framers. To recover this full context of political thinking, Ketcham delves not only into the meaning of the documents but also into the connotations of the framers' vocabulary, the reasoning behind both accepted and rejected propositions, arguments for and against, and unstated assumptions. In his analysis the fundamental or enduring principles are republicanism, liberty, public good, and federalism (as part of the broader doctrine of balance of powers). Ketcham answers convincingly those who question the relevance to modern constitutional interpretation of the finding that the founders were both republican and liberal. He asserts that the rights-protecting character of the Constitution and the Bill of Rights derived from the founders' belief that private rights depended upon active government and public virtue. In other words, private liberties rested on the citizenry's right to self-governance. James Madison sought to ensure a system of government that would serve as guardian "both of public Good and of private rights." In providing an interpretation of the Constitution and the Bill of Rights that incorporates both republican and liberal perspectives, Ketcham should find a wide readership among politically active citizens, lawyers, judges, and those who teach and study constitutional law and political theory.
Supreme Court Justice Antonin Scalia once remarked that the theory of an evolving, "living" Constitution effectively "rendered the Constitution useless." He wanted a "dead Constitution," he joked, arguing it must be interpreted as the framers originally understood it. In The Living Constitution, leading constitutional scholar David Strauss forcefully argues against the claims of Scalia, Clarence Thomas, Robert Bork, and other "originalists," explaining in clear, jargon-free English how the Constitution can sensibly evolve, without falling into the anything-goes flexibility caricatured by opponents. The living Constitution is not an out-of-touch liberal theory, Strauss further shows, but a mainstream tradition of American jurisprudence--a common-law approach to the Constitution, rooted in the written document but also based on precedent. Each generation has contributed precedents that guide and confine judicial rulings, yet allow us to meet the demands of today, not force us to follow the commands of the long-dead Founders. Strauss explores how judicial decisions adapted the Constitution's text (and contradicted original intent) to produce some of our most profound accomplishments: the end of racial segregation, the expansion of women's rights, and the freedom of speech. By contrast, originalism suffers from fatal flaws: the impossibility of truly divining original intent, the difficulty of adapting eighteenth-century understandings to the modern world, and the pointlessness of chaining ourselves to decisions made centuries ago. David Strauss is one of our leading authorities on Constitutional law--one with practical knowledge as well, having served as Assistant Solicitor General of the United States and argued eighteen cases before the United States Supreme Court. Now he offers a profound new understanding of how the Constitution can remain vital to life in the twenty-first century.
Most of us regard the Constitution as the foundation of American democracy. How, then, are we to understand the restrictions that it imposes on legislatures and voters? Why, for example, does the Constitution allow unelected judges to exercise so much power? And why is this centuries-old document so difficult to amend? In short, how can we call ourselves a democracy when we are bound by an entrenched, and sometimes counter-majoritarian, constitution? In Constitutional Self-Government, Christopher Eisgruber focuses directly on the Constitution's seemingly undemocratic features. Whereas other scholars have tried to reconcile these features with majority rule, or simply acknowledged them as necessary limits on democracy, Eisgruber argues that constitutionalism is best regarded not as a constraint upon self-government, but as a crucial ingredient in a complex, non-majoritarian form of democracy. In an original and provocative argument, he contends that legislatures and elections provide only an incomplete representation of the people, and he claims that the Supreme Court should be regarded as another of the institutions able to speak for Americans about justice. At a pivotal moment of worldwide interest in judicial review and renewed national controversy over the Supreme Court's role in politics, Constitutional Self-Government ingeniously locates the Constitution's value in its capacity to sustain an array of institutions that render self-government meaningful for a large and diverse people.
In his farewell address, President Washington reminded his audience that the Constitution, "till changed by an explicit and authentic act of the whole people, is sacredly obligatory upon all." He regarded the Constitution as a binding document worthy of devout allegiance, but also believed that it contains a clear and appropriate procedure for its own reform. David Kyvig's illuminating study provides the most complete and insightful history of that amendment process and its fundamental importance for American political life. Over the course of the past two centuries, more than 10,000 amendments have been proposed by the method stipulated in Article V of the Constitution. Amazingly, only 33 have garnered the required two-thirds approval from both houses of Congress, and only 27 were ultimately ratified into law by the states. Despite their small number, those amendments have revolutionized American government while simultaneously legitimizing and preserving its continued existence. Indeed, they have dramatically altered the relationship between state and federal authority, as well as between government and private citizens. Kyvig reexamines the creation and operation of Article V, illuminating the process and substance of each major successful and failed effort to change the formal structure, duties, and limits of the federal government. He analyzes in detail the Founders' intentions; the periods of great amendment activity during the 1790s, 1860s, 1910s, and 1960s; and the considerable consequences of amendment failure involving slavery, alcohol prohibition, child labor, New Deal programs, school prayer, equal rights for women, abortion, balanced budgets, term limits, and flag desecration. Ultimately, Kyvig demonstrates that so-called "constitutional revolutions" can only endure through formal amendment; without it such sea changes as the New Deal are likely to be temporary amidst the shifting winds of political fortune. That truth underscores the centrality of the amendment process to American constitutionalism, sheds light on the "amendment fever" that swept through the 104th Congress, and better prepares us to deal with such initiatives in the future.
Constitutional law expert Paul Finkelman offers readers a carefully researched and highly readable look at the document that is the blueprint of American democracy. He begins by showing how ineffective the Confederation government was in dealing with the problems facing the newly independent republic: no uniform laws among states, no courts to settle arguments, no power to collect taxes. Then the reader sits in on the Constitutional Convention, where arguments about how to balance power between large and small states and how to count slaves as part of the population are among the key issues. They will learn about the Virginia Plan, the New Jersey Plan, the Connecticut Plan, and the Three-fifths Compromise, and meet some of the Federalists and Anti-Federalists who passionately argued the Constitution's pros and cons until it was finally ratified and became the law of the land. Includes the complete text of The Constitution.