The Conservative Assault on the Constitution

The Conservative Assault on the Constitution
Author: Erwin Chemerinsky
Publisher: Simon and Schuster
Total Pages: 338
Release: 2010-09-28
Genre: History
ISBN: 1451606354

Over the last few decades, the Supreme Court and the federal appellate courts have undergone a dramatic shift to the right, the result of a determined effort by right-wing lawmakers and presidents to reinterpret the Constitution by reshaping the judiciary. Conservative activist justices have narrowed the scope of the Constitution, denying its protections to millions of Americans, exactly as the lawmakers who appointed and confirmed these jurists intended. Basic long-standing principles of constitutional law have been overturned by the Rehnquist and Roberts courts. As distinguished law professor and constitutional expert Erwin Chemerinsky demonstrates in this invaluable book, these changes affect the lives of every American. As a result of political pressure from conservatives and a series of Supreme Court decisions, our public schools are increasingly separate and unequal, to the great disadvantage of poor and minority students. Right-wing politicians and justices are dismantling the wall separating church and state, allowing ever greater government support for religion. With the blessing of the Supreme Court, absurdly harsh sentences are being handed down to criminal defendants, such as life sentences for shoplifting and other petty offenses. Even in death penalty cases, defendants are being denied the right to competent counsel at trial, and as a result innocent people have been convicted and sentenced to death. Right-wing politicians complain that government is too big and intrusive while at the same time they are only too happy to insert the government into the most intimate aspects of the private lives of citizens when doing so conforms to conservative morality. Conservative activist judges say that the Constitution gives people an inherent right to own firearms but not to make their own medical decisions. In some states it is easier to buy an assault rifle than to obtain an abortion. Nowhere has the conservative assault on the Constitution been more visible or more successful than in redefining the role of the president. From Richard Nixon to George W. Bush, conservatives have sought to significantly increase presidential power. The result in recent years has been unprecedented abuses, including indefinite detentions, illegal surveillance, and torture of innocent people. Finally, access to the courts is being restricted by new rulings that deny legal protections to ordinary Americans. Fewer lawsuits alleging discrimination in employment are heard; fewer people are able to sue corporations or governments for injuries they have suffered; and even when these cases do go to trial, new restrictions limit damages that plaintiffs can collect. The first step in reclaiming the protections of the Constitution, says Chemerinsky, is to recognize that right-wing justices are imposing their personal prejudices, not making neutral decisions about the scope of the Constitution, as they claim, or following the "original meaning" of the Constitution. Only then do we stand a chance of reclaiming our constitutional liberties from a rigid ideological campaign that has transformed our courts and our laws. Only then can we return to a constitutional law that advances freedom and equality.

Conservatives and the Constitution

Conservatives and the Constitution
Author: Ken I. Kersch
Publisher: Cambridge University Press
Total Pages: 431
Release: 2019-03-28
Genre: History
ISBN: 0521193109

Recovers a contested, evolving tradition of conservative constitutional argument that shaped the past and is bidding to make the future.

Constitutional Conservatism

Constitutional Conservatism
Author: Peter Berkowitz
Publisher: Hoover Press
Total Pages: 144
Release: 2013-02-12
Genre: Law
ISBN: 0817916040

Peter Berkowitz identifies the political principles social conservatives and libertarians share, or should share, and sketches the common ground on which they can and should join forces. Drawing on the writings of Edmund Burke, The Federalist, and the high points of post-World War II American conservatism, he argues that the top political priority for social conservatives and libertarians should be to rally around the principles of liberty embodied in the US Constitution and pursue reform in light of them.

Rights and Duties

Rights and Duties
Author: Russell Kirk
Publisher:
Total Pages: 328
Release: 1997
Genre: Law
ISBN:

Rev. and expanded ed. of : The conservative constitution. c1990.

The Conservative Sensibility

The Conservative Sensibility
Author: George F. Will
Publisher: Hachette Books
Total Pages: 598
Release: 2019-06-04
Genre: Political Science
ISBN: 0316480916

The Pulitzer Prize-winning columnist's "astonishing" and "enthralling" New York Times bestseller and Notable Book about how the Founders' belief in natural rights created a great American political tradition (Booklist) -- "easily one of the best books on American Conservatism ever written" (Jonah Goldberg). For more than four decades, George F. Will has attempted to discern the principles of the Western political tradition and apply them to America's civic life. Today, the stakes could hardly be higher. Vital questions about the nature of man, of rights, of equality, of majority rule are bubbling just beneath the surface of daily events in America. The Founders' vision, articulated first in the Declaration of Independence and carried out in the Constitution, gave the new republic a framework for government unique in world history. Their beliefs in natural rights, limited government, religious freedom, and in human virtue and dignity ushered in two centuries of American prosperity. Now, as Will shows, conservatism is under threat -- both from progressives and elements inside the Republican Party. America has become an administrative state, while destructive trends have overtaken family life and higher education. Semi-autonomous executive agencies wield essentially unaccountable power. Congress has failed in its duty to exercise its legislative powers. And the executive branch has slipped the Constitution's leash. In the intellectual battle between the vision of Founding Fathers like James Madison, who advanced the notion of natural rights that pre-exist government, and the progressivism advanced by Woodrow Wilson, the Founders have been losing. It's time to reverse America's political fortunes. Expansive, intellectually thrilling, and written with the erudite wit that has made Will beloved by millions of readers, The Conservative Sensibility is an extraordinary new book from one of America's most celebrated political writers.

Riding the Populist Wave

Riding the Populist Wave
Author: Tim Bale
Publisher: Cambridge University Press
Total Pages: 371
Release: 2021-08-26
Genre: Political Science
ISBN: 1009007114

In spite of the fact that Conservative, Christian democratic and Liberal parties continue to play a crucial role in the democratic politics and governance of every Western European country, they are rarely paid the attention they deserve. This cutting-edge comparative collection, combining qualitative case studies with large-N quantitative analysis, reveals a mainstream right squeezed by the need to adapt to both 'the silent revolution' that has seen the spread of postmaterialist, liberal and cosmopolitan values and the backlash against those values – the 'silent counter-revolution' that has brought with it the rise of a myriad far right parties offering populist and nativist answers to many of the continent's thorniest political problems. What explains why some mainstream right parties seem to be coping with that challenge better than others? And does the temptation to ride the populist wave rather than resist it ultimately pose a danger to liberal democracy?

Conservative Thought and American Constitutionalism Since the New Deal

Conservative Thought and American Constitutionalism Since the New Deal
Author: Johnathan O'Neill
Publisher: JHU Press
Total Pages: 398
Release: 2022-11-29
Genre: History
ISBN: 1421444623

"In this work of intellectual history, the author identifies four transformations in federal goverrnment that followed the New Deal: the rise of the administrative state, the erosion of federalism, the ascendance of the modern presidency, and the development of modern judicial review. He then considers how schools of conservative thought (traditionalists, neoconservatives, libertarians, Straussians) responded to each transformation"--

Our Republican Constitution

Our Republican Constitution
Author: Randy E. Barnett
Publisher: HarperCollins
Total Pages: 226
Release: 2016-04-19
Genre: Political Science
ISBN: 0062412302

A concise history of the long struggle between two fundamentally opposing constitutional traditions, from one of the nation’s leading constitutional scholars—a manifesto for renewing our constitutional republic. The Constitution of the United States begins with the words: “We the People.” But from the earliest days of the American republic, there have been two competing notions of “the People,” which lead to two very different visions of the Constitution. Those who view “We the People” collectively think popular sovereignty resides in the people as a group, which leads them to favor a “democratic” constitution that allows the “will of the people” to be expressed by majority rule. In contrast, those who think popular sovereignty resides in the people as individuals contend that a “republican” constitution is needed to secure the pre-existing inalienable rights of “We the People,” each and every one, against abuses by the majority. In Our Republican Constitution, renowned legal scholar Randy E. Barnett tells the fascinating story of how this debate arose shortly after the Revolution, leading to the adoption of a new and innovative “republican” constitution; and how the struggle over slavery led to its completion by a newly formed Republican Party. Yet soon thereafter, progressive academics and activists urged the courts to remake our Republican Constitution into a democratic one by ignoring key passes of its text. Eventually, the courts complied. Drawing from his deep knowledge of constitutional law and history, as well as his experience litigating on behalf of medical marijuana and against Obamacare, Barnett explains why “We the People” would greatly benefit from the renewal of our Republican Constitution, and how this can be accomplished in the courts and the political arena.

How to Argue the Constitution with a Conservative

How to Argue the Constitution with a Conservative
Author: Michael A. Ventrella
Publisher:
Total Pages: 162
Release: 2019-08-29
Genre: Humor
ISBN: 9781515423973

Lawyer Michael A. Ventrella argues to try to improve things. In this accessible, snarky book of Constitutional history and opinion, he draws on his experience working on political campaigns and teaching law to explain what the Constitution says and means, and how it can be improved. Illustrated by Pulitzer Prize-winner Darrin Bell.