Original Meanings

Original Meanings
Author: Jack N. Rakove
Publisher: Vintage
Total Pages: 465
Release: 2010-04-21
Genre: Political Science
ISBN: 0307434516

From abortion to same-sex marriage, today's most urgent political debates will hinge on this two-part question: What did the United States Constitution originally mean and who now understands its meaning best? Rakove chronicles the Constitution from inception to ratification and, in doing so, traces its complex weave of ideology and interest, showing how this document has meant different things at different times to different groups of Americans.

How to Read the Constitution—and Why

How to Read the Constitution—and Why
Author: Kim Wehle
Publisher: HarperCollins
Total Pages: 449
Release: 2019-06-25
Genre: Political Science
ISBN: 0062896318

“A must-read for this era” that lays out in common sense language how the US Constitution works, and how its protections are eroding before our eyes (Jake Tapper, CNN Anchor and Chief Washington Correspondent). The Constitution is the most significant document in America. But do you fully understand what it means to you? In How to Read the Constitution—and Why, legal expert and educator Kimberly Wehle spells out in clear, simple, and common-sense language what is in the Constitution, and most importantly, what it means. In compelling terms and including text from the United States Constitution, she describes how its protections are eroding—not only in express terms but by virtue of the many legal and social norms that no longer shore up its legitimacy—and why every American needs to heed to this “red flag” moment. This invaluable—and timely—resource includes the Constitution in its entirety and covers nearly every significant aspect of the text, from the powers of the President and how the three branches of government are designed to hold each other accountable, to what it means to have individual rights—including free speech, the right to bear arms, the right to be free from unreasonable searches and seizures, and the right to an abortion. Finally, the book explains why it has never been more important than now for all Americans to know how our Constitution works—and why, if we don’t step in to protect it, we could lose its protections forever. How to Read the Constitution—and Why is essential reading for anyone who cares about maintaining an accountable government and the individual freedoms that the Constitution enshrines for everyone in America—regardless of political party.

The Myth of Judicial Activism

The Myth of Judicial Activism
Author: Kermit Roosevelt
Publisher: Yale University Press
Total Pages: 272
Release: 2008-01-01
Genre: Law
ISBN: 0300129564

Constitutional scholar Kermit Roosevelt uses plain language and compelling examples to explain how the Constitution can be both a constant and an organic document, and takes a balanced look at controversial decisions through a compelling new lens of constitutional interpretation.

What Does the Constitution Actually Say?

What Does the Constitution Actually Say?
Author: Ben Sheehan
Publisher: Black Dog & Leventhal
Total Pages: 259
Release: 2020-04-14
Genre: Political Science
ISBN: 0762498463

Do you know what the Constitution ACTUALLY says? This witty and highly relevant annotation of our founding document is the go-to guide to how our government really works (or is supposed to work). Written by political savant and entertainment veteran, Ben Sheehan, and vetted for accuracy by experts in the field of constitutional law, OMG WTF Does the Constitution Actually Say? is an entertaining and accessible guide that explains what the Constitution actually lays out. With clear notes and graphics on everything from presidential powers to Supreme Court nominations to hidden loopholes, Sheehan walks us through the entire Constitution from its preamble to its final amendment (with a bonus section on the Declaration of Independence). Besides putting the Constitution in modern-day English so that it can be understood, OMG WTF Does the Constitution Actually Say? gives readers all of the info they need to be effective voters and citizens in the November elections and beyond.

Constitutional Politics

Constitutional Politics
Author: Sotirios A. Barber
Publisher: Princeton University Press
Total Pages: 354
Release: 2001-12-09
Genre: Law
ISBN: 9780691088693

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.

The Federalist Papers

The Federalist Papers
Author: Alexander Hamilton
Publisher: Read Books Ltd
Total Pages: 420
Release: 2018-08-20
Genre: History
ISBN: 1528785878

Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.

Plain, Honest Men

Plain, Honest Men
Author: Richard Beeman
Publisher: Random House Trade Paperbacks
Total Pages: 546
Release: 2010-02-09
Genre: History
ISBN: 0812976843

In May 1787, in an atmosphere of crisis, delegates met in Philadelphia to design a radically new form of government. Distinguished historian Richard Beeman captures as never before the dynamic of the debate and the characters of the men who labored that historic summer. Virtually all of the issues in dispute—the extent of presidential power, the nature of federalism, and, most explosive of all, the role of slavery—have continued to provoke conflict throughout our nation's history. This unprecedented book takes readers behind the scenes to show how the world's most enduring constitution was forged through conflict, compromise, and fragile consensus. As Gouverneur Morris, delegate of Pennsylvania, noted: "While some have boasted it as a work from Heaven, others have given it a less righteous origin. I have many reasons to believe that it is the work of plain, honest men."

America's Unwritten Constitution

America's Unwritten Constitution
Author: Akhil Reed Amar
Publisher: Basic Books (AZ)
Total Pages: 644
Release: 2012-09-11
Genre: History
ISBN: 0465029574

Reading between the lines: America's implicit Constitution -- Heeding the deed: America's enacted Constitution -- Hearing the people: America's lived Constitution -- Confronting modern case law: America's "warrented" Constitution -- Putting precedent in its place: America's doctrinal Constitution -- Honoring the icons: America's symbolic Constitution -- "Remembering the ladies" : America's feminist Constitution -- Following Washington's lead: America's "Georgian" Constitution -- Interpreting government practices: America's institutional Constitution -- Joining the party: America's partisan Constitution -- Doing the right thing: America's conscientious Constitution -- Envisioning the future: America's unfinished Constitution -- Afterward -- Appendix: America's written Constitution.

Rationing the Constitution

Rationing the Constitution
Author: Andrew Coan
Publisher: Harvard University Press
Total Pages: 281
Release: 2019-04-29
Genre: Law
ISBN: 0674986954

In this groundbreaking analysis of Supreme Court decision-making, Andrew Coan explains how judicial caseload shapes the course of American constitutional law and the role of the Court in American society. Compared with the vast machinery surrounding Congress and the president, the Supreme Court is a tiny institution that can resolve only a small fraction of the constitutional issues that arise in any given year. Rationing the Constitution shows that this simple yet frequently ignored fact is essential to understanding how the Supreme Court makes constitutional law. Due to the structural organization of the judiciary and certain widely shared professional norms, the capacity of the Supreme Court to review lower-court decisions is severely limited. From this fact, Andrew Coan develops a novel and arresting theory of Supreme Court decision-making. In deciding cases, the Court must not invite more litigation than it can handle. On many of the most important constitutional questions—touching on federalism, the separation of powers, and individual rights—this constraint creates a strong pressure to adopt hard-edged categorical rules, or defer to the political process, or both. The implications for U.S. constitutional law are profound. Lawyers, academics, and social activists pursuing social reform through the courts must consider whether their goals can be accomplished within the constraints of judicial capacity. Often the answer will be no. The limits of judicial capacity also substantially constrain the Court’s much touted—and frequently lamented—power to overrule democratic majorities. As Rationing the Constitution demonstrates, the Supreme Court is David, not Goliath.

The Will of the People

The Will of the People
Author: Barry Friedman
Publisher: Farrar, Straus and Giroux
Total Pages: 623
Release: 2009-09-29
Genre: Law
ISBN: 1429989955

In recent years, the justices of the Supreme Court have ruled definitively on such issues as abortion, school prayer, and military tribunals in the war on terror. They decided one of American history's most contested presidential elections. Yet for all their power, the justices never face election and hold their offices for life. This combination of influence and apparent unaccountability has led many to complain that there is something illegitimate—even undemocratic—about judicial authority. In The Will of the People, Barry Friedman challenges that claim by showing that the Court has always been subject to a higher power: the American public. Judicial positions have been abolished, the justices' jurisdiction has been stripped, the Court has been packed, and unpopular decisions have been defied. For at least the past sixty years, the justices have made sure that their decisions do not stray too far from public opinion. Friedman's pathbreaking account of the relationship between popular opinion and the Supreme Court—from the Declaration of Independence to the end of the Rehnquist court in 2005—details how the American people came to accept their most controversial institution and shaped the meaning of the Constitution.