Our Unsettled Constitution

Our Unsettled Constitution
Author: Louis Michael Seidman
Publisher: Berghahn Books
Total Pages: 280
Release: 2001
Genre: Law
ISBN: 9780300085310

Ours is an age of growing doubt about constitutional theory and of outright hostility to any theory that defends judicial review. Why should a tiny number of unelected judges be able to validate or invalidate laws on such politically controversial issues as abortion, religion, gender, and sex--or even determine how the president is elected? In this provocative book, a leading constitutional theorist offers an entirely original defense of judicial review. Louis Michael Seidman argues that judicial review is defensible if we set aside common but erroneous assumptions--that constitutional law should be independent from our political commitments and that the role of constitutional law is to settle political disagreement. Seidman develops a theory of "unsettlement." A constitution that unsettles, that destabilizes outcomes produced by the political process, creates no permanent losers nursing deep-seated grievances, he says. An "unsettling" constitution helps to build a community founded on consent by enticing losers into a continuing conversation. The author applies this theory to an array of well-known cases heard by the Supreme Court over the past several decades, including the fall 2000 election decision.

On Constitutional Disobedience

On Constitutional Disobedience
Author: Louis Michael Seidman
Publisher: Oxford University Press
Total Pages: 175
Release: 2012
Genre: Law
ISBN: 0199898278

In On Constitutional Disobedience, leading constitutional scholar Louis Michael Seidman explains why constitutional disobedience may well produce a better politics and considers the shape that such disobedience might take. First, though, he stresses that is worth remembering the primary goals of the original Constitution's authors, many of which were unseemly both then and now. Should we really feel obligated to defend our electoral college or various other features that arguably lead to unjust results? Yet many of our political debates revolve around constitutional features that no one loves but which everyone feels obligated to defend. After walking through the various defenses put forth by proponents of the US Constitutional system, Seidman shows why none of them hold up. The solution, he claims, is to abandon our loyalty to many of the document's requirements and instead embrace the Constitution as a 'poetic' vision of a just society. Lest we worry that forsaking the Constitution will result in anarchy, we only need to remember Great Britain, which functions very effectively without a written constitution. If we were to do this, we could design sensible institutions that fit our own era and craft solutions that have the support of today's majorities. Seidman worries that if we continue to embrace the anachronistic commands of a centuries-old document, our political and institutional dysfunction will only increase. The answer is not to abandon the Constitution in its entirety, but to treat it as an inspiration while disobeying the many particulars that deserve to go into history's dustbin.

Silence and Freedom

Silence and Freedom
Author: Louis Michael Seidman
Publisher:
Total Pages: 264
Release: 2022
Genre: LAW
ISBN: 9780804763196

"You have the right to remain silent." These words, drawn from the Supreme Court's famous decision in Miranda v. Arizona, have had a tremendous impact on the public imagination. But what a strange right this is. Of all the activities that are especially worthy of protection, that define us as human beings, foster human potential, and symbolize human ambition, why privilege silence? This thoughtful and iconoclastic book argues that silence can be an expression of freedom. A defiant silence demonstrates determination, courage, and will. Martyrs from a variety of faith traditions have given up their lives rather than renounce their god. During the Vietnam era, thousands of anonymous draft resisters refused to take the military oath that was a prelude to participating in what they believed was an immoral war. These silences speak to us. They are a manifestation of connection, commitment, and meaning. This link between silence and freedom is apparent in a variety of different contexts, which Seidman examines individually, including silence and apology, silence and self-incrimination, silence and interrogation, silence and torture, and silence and death. In discussing the problem of apology, for example, the author argues that although apology plays a crucial role in maintaining the illusion of human connection, the right to not apologize is equally crucial. Similarly, prohibition against torture--so prominent in national debate since the events of Guantanamo and Abu Ghraib--is best understood as a right to silence, essential in preserving the distinction between mind and body on which human freedom depends.

Remnants of Belief

Remnants of Belief
Author: Louis Michael Seidman
Publisher:
Total Pages: 223
Release: 1996
Genre: Constitutional law
ISBN: 9780195099805

Democracy and Dysfunction

Democracy and Dysfunction
Author: Sanford Levinson
Publisher: University of Chicago Press
Total Pages: 226
Release: 2019-04-16
Genre: Political Science
ISBN: 022661204X

It is no longer controversial that the American political system has become deeply dysfunctional. Today, only slightly more than a quarter of Americans believe the country is heading in the right direction, while sixty-three percent believe we are on a downward slope. The top twenty words used to describe the past year include “chaotic,” “turbulent,” and “disastrous.” Donald Trump’s improbable rise to power and his 2016 Electoral College victory placed America’s political dysfunction in an especially troubling light, but given the extreme polarization of contemporary politics, the outlook would have been grim even if Hillary Clinton had won. The greatest upset in American presidential history is only a symptom of deeper problems of political culture and constitutional design. Democracy and Dysfunction brings together two of the leading constitutional law scholars of our time, Sanford Levinson and Jack M. Balkin, in an urgently needed conversation that seeks to uncover the underlying causes of our current crisis and their meaning for American democracy. In a series of letters exchanged over a period of two years, Levinson and Balkin travel—along with the rest of the country—through the convulsions of the 2016 election and Trump’s first year in office. They disagree about the scope of the crisis and the remedy required. Levinson believes that our Constitution is fundamentally defective and argues for a new constitutional convention, while Balkin, who believes we are suffering from constitutional rot, argues that there are less radical solutions. As it becomes dangerously clear that Americans—and the world—will be living with the consequences of this pivotal period for many years to come, it is imperative that we understand how we got here—and how we might forestall the next demagogue who will seek to beguile the American public.

Constitutional Law

Constitutional Law
Author: Louis Michael Seidman
Publisher:
Total Pages: 350
Release: 2003
Genre: Law
ISBN:

This volume provides a brief, but comprehensive, analysis of the doctrine and theory that glosses the Constitutionâe(tm)s guarantee of equal protection. Topics covered include an analysis of rational basis review, an explanation of the difference between heightened scrutiny for fundamental rights and substantive protection of those rights, an analysis of the role of âeoepurposeâe and âeoeeffectâe in equal protection doctrine, and discussions of gender discrimination and affirmative action.

The British Constitution Resettled

The British Constitution Resettled
Author: Jim McConalogue
Publisher: Springer
Total Pages: 299
Release: 2019-07-17
Genre: Political Science
ISBN: 3030252906

Adopting a political constitutionalist view of the British constitution, this book critically explores the history of legal and political thought on parliamentary sovereignty in the UK. It argues that EU membership strongly unsettled the historical precedents underpinning UK parliamentary sovereignty. Successive governments adopted practices which, although preserving fundamental legal rules, were at odds with past precedents. The author uses three key EU case studies – the financial transactions tax, freedom of movement of persons, and the working time directive – to illustrate that since 1973 the UK incorporated EU institutions which unsettled those precedents. The book further shows that the parliament’s place since the referendum on Brexit in June 2016 and the scrutinising of the terms of the withdrawal agreement constitute an enhanced, new constitutional resettlement, and a realignment of parliament with the historical precedent of consent and its sovereignty.

An Introduction to the Study of the Law of the Constitution

An Introduction to the Study of the Law of the Constitution
Author: A.V. Dicey
Publisher: Springer
Total Pages: 729
Release: 1985-09-30
Genre: Social Science
ISBN: 134917968X

A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.

Unsettled History

Unsettled History
Author: Leslie Witz
Publisher: University of Michigan Press
Total Pages: 329
Release: 2017-02-27
Genre: History
ISBN: 0472053345

An engrossing look at how history has been produced, contested, and unsettled in South Africa from Mandela's release to 2010.

The Words That Made Us

The Words That Made Us
Author: Akhil Reed Amar
Publisher: Basic Books
Total Pages: 816
Release: 2021-05-04
Genre: Law
ISBN: 0465096360

A history of the American Constitution's formative decades from a preeminent legal scholar When the US Constitution won popular approval in 1788, it was the culmination of thirty years of passionate argument over the nature of government. But ratification hardly ended the conversation. For the next half century, ordinary Americans and statesmen alike continued to wrestle with weighty questions in the halls of government and in the pages of newspapers. Should the nation's borders be expanded? Should America allow slavery to spread westward? What rights should Indian nations hold? What was the proper role of the judicial branch? In The Words that Made Us, Akhil Reed Amar unites history and law in a vivid narrative of the biggest constitutional questions early Americans confronted, and he expertly assesses the answers they offered. His account of the document's origins and consolidation is a guide for anyone seeking to properly understand America's Constitution today.