The Constitution, Law, and American Life

The Constitution, Law, and American Life
Author: Donald G. Nieman
Publisher: University of Georgia Press
Total Pages: 218
Release: 2011-01-01
Genre: Law
ISBN: 0820340391

The eight essays in this volume imaginatively explore the interrelationship between law and society in nineteenth-century America and encompass in their discussion some of the major historical issues of the era.

The Cultural Revolution

The Cultural Revolution
Author: Michel Oksenberg
Publisher: University of Michigan Press
Total Pages: 141
Release: 2021-01-19
Genre: History
ISBN: 0472038354

The Chinese Communist system was from its very inception based on an inherent contradiction and tension, and the Cultural Revolution is the latest and most violent manifestation of that contradiction. Built into the very structure of the system was an inner conflict between the desiderata, the imperatives, and the requirements that technocratic modernization on the one hand and Maoist values and strategy on the other. The Cultural Revolution collects four papers prepared for a research conference on the topic convened by the University of Michigan Center for Chinese Studies in March 1968. Michel Oksenberg opens the volume by examining the impact of the Cultural Revolution on occupational groups including peasants, industrial managers and workers, intellectuals, students, party and government officials, and the military. Carl Riskin is concerned with the economic effects of the revolution, taking up production trends in agriculture and industry, movements in foreign trade, and implications of Masoist economic policies for China’s economic growth. Robert A. Scalapino turns to China’s foreign policy behavior during this period, arguing that Chinese Communists in general, and Mao in particular, formed foreign policy with a curious combination of cosmic, utopian internationalism and practical ethnocentrism rooted both in Chinese tradition and Communist experience. Ezra F. Vogel closes the volume by exploring the structure of the conflict, the struggles between factions, and the character of those factions.

Keeping Faith with the Constitution

Keeping Faith with the Constitution
Author: Goodwin Liu
Publisher: Oxford University Press
Total Pages: 274
Release: 2010-08-05
Genre: Law
ISBN: 0199752834

Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.