The Cult of the Constitution

The Cult of the Constitution
Author: Mary Anne Franks
Publisher: Stanford University Press
Total Pages: 310
Release: 2019-05-14
Genre: Political Science
ISBN: 1503609103

“A powerful challenge to the prevailing constitutional orthodoxy of the right and the left . . . A deeply troubling and absolutely vital book” (Mark Joseph Stern, Slate). In this provocative book, Mary Anne Franks examines the thin line between constitutional fidelity and constitutional fundamentalism. The Cult of the Constitution reveals how deep fundamentalist strains in both conservative and liberal American thought keep the Constitution in the service of white male supremacy. Franks demonstrates how constitutional fundamentalists read the Constitution selectively and self-servingly, thus undermining the integrity of the document as a whole. She goes on to argue that economic and civil libertarianism have merged to produce a deregulatory, “free-market” approach to constitutional rights that achieves fullest expression in the idealization of the Internet. The fetishization of the first and second amendments has blurred the boundaries between conduct and speech and between veneration and violence. But the Constitution itself contains the antidote to fundamentalism. The Cult of the Constitution lays bare the dark, antidemocratic consequences of constitutional fundamentalism and urges readers to take the Constitution seriously, not selectively.

Our Secret Constitution

Our Secret Constitution
Author: George P. Fletcher
Publisher: Oxford University Press
Total Pages: 308
Release: 2003-01-16
Genre: Political Science
ISBN: 9780198032434

Americans hate and distrust their government. At the same time, Americans love and trust their government. These contradictory attitudes are resolved by Fletcher's novel interpretation of constitutional history. He argues that we have two constitutions--still living side by side--one that caters to freedom and fear, the other that satisfied our needs for security and social justice. The first constitution came into force in 1789. It stresses freedom, voluntary association, and republican elitism. The second constitution begins with the Gettysburg Address and emphasizes equality, organic nationhood, and popular democracy. These radical differences between our two constitutions explain our ambivalence and self-contradictory attitudes toward government. With September 11 the second constitution--which Fletcher calls the Secret Constitution--has become ascendant. When America is under threat, the nation cultivates its solidarity. It overcomes its fear and looks to government for protection and the pursuit of social justice. Lincoln's messages of a strong government and a nation that must "long endure" have never been more relevant to American politics. "Fletcher's argument has intriguing implications beyond the sweeping subject of this profoundly thought-provoking book."--The Denver Post

The Cult of the Presidency

The Cult of the Presidency
Author: Gene Healy
Publisher: Cato Institute
Total Pages: 402
Release: 2009
Genre: Biography & Autobiography
ISBN: 193399519X

Intro -- Table of Contents -- Acknowledgements -- Introduction -- 1. Our Chief Magistrate and His Powers -- 2. "Progress" and the Presidency -- 3. The Age of the Heroic Presidency -- 4. Hero Takes a Fall -- 5. Superman Returns -- 6. War President -- 7. Omnipotence and Impotence -- 8. Why the Worst Get on Top ... and Get Worse -- 9. Toward Normalcy -- Afterword: Our Continuing Cult of the Presidency -- Notes -- About the Author -- Cato Institute

Constitution Cafe

Constitution Cafe
Author: Christopher Phillips
Publisher: W. W. Norton & Company
Total Pages: 334
Release: 2011-08-22
Genre: Biography & Autobiography
ISBN: 0393064808

Thomas Jefferson proposed that we revise the Constitution every so often, not just to reflect the changing times but to revive and perpetuate our original revolutionary spirit. Could it be that the Constitution itself is part of the reason that our democracy is on life support, our government gone haywire? To find out, the author, originator of the Socrates Café dialogues, sets off on a cross-country junket to engage Americans of all stripes in an offbeat constitutional convention. Given the opportunity to rewrite the Constitution, a diverse bunch from Burning Man die hards to army veterans, Tea Party acolytes to Orange County slackers, weighs in with some really wild and worthwhile ideas about how our nation should be governed. With Jefferson as his iconoclastic and visionary guide, the author moderates these discussions and complements his participants' ideas by relating them to Jefferson's own experiences with governance and to his great expectations for our democracy. This book is an account of how we might draw from our rebellious past to incite meaningful change today; it is a map for inspiring Jeffersonian activism by tapping into our timely (and timeless) concerns about the need to give our country's democratic framework a makeover.

Originalism and the Good Constitution

Originalism and the Good Constitution
Author: John O. McGinnis
Publisher: Harvard University Press
Total Pages: 309
Release: 2013-11-01
Genre: Law
ISBN: 067472626X

Originalism holds that the U.S. Constitution should be interpreted according to its meaning at the time it was enacted. In their innovative defense of originalism, John McGinnis and Michael Rappaport maintain that the text of the Constitution should be adhered to by the Supreme Court because it was enacted by supermajorities--both its original enactment under Article VII and subsequent Amendments under Article V. A text approved by supermajorities has special value in a democracy because it has unusually wide support and thus tends to maximize the welfare of the greatest number. The authors recognize and respond to many possible objections. Does originalism perpetuate the dead hand of the past? How can originalism be justified, given the exclusion of African Americans and women from the Constitution and many of its subsequent Amendments? What is originalism's place in interpretation, after two hundred years of non-originalist precedent? A fascinating counterfactual they pose is this: had the Supreme Court not interpreted the Constitution so freely, perhaps the nation would have resorted to the Article V amendment process more often and with greater effect. Their book will be an important contribution to the literature on originalism, now the most prominent theory of constitutional interpretation.

The Constitution of New Zealand

The Constitution of New Zealand
Author: Matthew SR Palmer
Publisher: Bloomsbury Publishing
Total Pages: 336
Release: 2022-02-10
Genre: Law
ISBN: 1849469059

This book examines New Zealand's constitution, through the lens of constitutional realism. It looks at the practices, habits, conventions and norms of constitutional life. It focuses on the structures, processes and culture that govern the exercise of public power – a perspective that is necessary to explore and account for a lived, rather than textual, constitution. New Zealand's constitution is unique. One of three remaining unwritten democratic constitutions in the world, it is characterised by a charming set of anachronistic contrasts. “Unwritten”, but much found in various written sources. Built on a network of Westminster constitutional conventions but generously tailored to local conditions. Proudly independent, yet perhaps a purer Westminster model than its British parent. Flexible and vulnerable, while oddly enduring. It looks to the centralised authority that comes with a strong executive, strict parliamentary sovereignty, and a unitary state. However, its populace insists on egalitarian values and representative democracy, with elections fiercely conducted nowadays under a system of proportional representation. The interests of indigenous Maori are protected largely through democratic majority rule. A reputation for upholding the rule of law, yet few institutional safeguards to ensure compliance.

The Constitution of the Roman Republic

The Constitution of the Roman Republic
Author: Andrew Lintott
Publisher: OUP Oxford
Total Pages: 313
Release: 1999-04-01
Genre: History
ISBN: 0191584673

There is no other published book in English studying the constitution of the Roman Republic as a whole. Yet the Greek historian Polybius believed that the constitution was a fundamental cause of the exponential growth of Rome's empire. He regarded the Republic as unusual in two respects: first, because it functioned so well despite being a mix of monarchy, oligarchy and democracy; secondly, because the constitution was the product of natural evolution rather than the ideals of a lawgiver. Even if historians now seek more widely for the causes of Rome's rise to power, the importance and influence of her political institutions remains. The reasons for Rome's power are both complex, on account of the mix of elements, and flexible, inasmuch as they were not founded on written statutes but on unwritten traditions reinterpreted by successive generations. Knowledge of Rome's political institutions is essential both for ancient historians and for those who study the contribution of Rome to the republican tradition of political thought from the Middle Ages to the revolutions inspired by the Enlightenment.

The Problem of Democracy

The Problem of Democracy
Author: Nancy Isenberg
Publisher: Penguin
Total Pages: 578
Release: 2020-04-14
Genre: History
ISBN: 0525557520

"Told with authority and style. . . Crisply summarizing the Adamses' legacy, the authors stress principle over partisanship."--The Wall Street Journal How the father and son presidents foresaw the rise of the cult of personality and fought those who sought to abuse the weaknesses inherent in our democracy. Until now, no one has properly dissected the intertwined lives of the second and sixth (father and son) presidents. John and John Quincy Adams were brilliant, prickly politicians and arguably the most independently minded among leaders of the founding generation. Distrustful of blind allegiance to a political party, they brought a healthy skepticism of a brand-new system of government to the country's first 50 years. They were unpopular for their fears of the potential for demagoguery lurking in democracy, and--in a twist that predicted the turn of twenty-first century politics--they warned against, but were unable to stop, the seductive appeal of political celebrities Thomas Jefferson and Andrew Jackson. In a bold recasting of the Adamses' historical roles, The Problem of Democracy is a major critique of the ways in which their prophetic warnings have been systematically ignored over the centuries. It's also an intimate family drama that brings out the torment and personal hurt caused by the gritty conduct of early American politics. Burstein and Isenberg make sense of the presidents' somewhat iconoclastic, highly creative engagement with America's political and social realities. By taking the temperature of American democracy, from its heated origins through multiple upheavals, the authors reveal the dangers and weaknesses that have been present since the beginning. They provide a clear-eyed look at a decoy democracy that masks the reality of elite rule while remaining open, since the days of George Washington, to a very undemocratic result in the formation of a cult surrounding the person of an elected leader.