The Restoration Of The Constitution Classic Reprint
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| Author | : Randy E. Barnett |
| Publisher | : Princeton University Press |
| Total Pages | : 448 |
| Release | : 2013-11-24 |
| Genre | : Law |
| ISBN | : 0691159734 |
The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost. Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a "presumption of liberty" to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people. As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond. This updated edition features an afterword with further reflections on individual popular sovereignty, originalist interpretation, judicial engagement, and the gravitational force that original meaning has exerted on the Supreme Court in several recent cases.
| Author | : Mitchell MELTZER |
| Publisher | : Harvard University Press |
| Total Pages | : 205 |
| Release | : 2009-06-30 |
| Genre | : Literary Criticism |
| ISBN | : 0674040945 |
The United States Constitution is a quintessentially political document. Yet, until now, no one has seriously considered the formative influence of this document on American cultural life. In this ambitious book, Mitchell Meltzer demonstrates the extent to which the Constitution is both source and inspiration for America's greatest literary masterworks.
| Author | : David J. Siemers |
| Publisher | : University of Missouri Press |
| Total Pages | : 245 |
| Release | : 2018-11-29 |
| Genre | : Political Science |
| ISBN | : 0826274218 |
The idea that the three branches of U.S. government are equal in power is taught in classrooms, proclaimed by politicians, and referenced in the media. But, as David Siemers shows, that idea is a myth, neither intended by the Founders nor true in practice. Siemers explains how adherence to this myth normalizes a politics of gridlock, in which the action of any branch can be checked by the reaction of any other. The Founders, however, envisioned a separation of functions rather than a separation of powers. Siemers argues that this view needs to replace our current view, so that the goals set out in the Constitution’s Preamble may be better achieved.
| Author | : Charles R. Kesler |
| Publisher | : Encounter Books |
| Total Pages | : 372 |
| Release | : 2021-02-16 |
| Genre | : Philosophy |
| ISBN | : 1641771038 |
American politics grows embittered because it is increasingly torn between two rival constitutions, two opposed cultures, two contrary ways of life. American conservatives rally around the founders’ Constitution, as amended and as grounded in the natural and divine rights and duties of the Declaration of Independence. American liberals herald their “living Constitution,” a term that implies that the original is dead or superseded, and that the fundamental political imperative is constant change or transformation (as President Obama called it) toward a more and more perfect social democracy ruled by a Woke elite. Crisis of the Two Constitutions details how we got to and what is at stake in our increasingly divided America. It takes controversial stands on matters political and scholarly, describing the political genius of America’s founders and their efforts to shape future generations through a constitutional culture that included immigration, citizenship, and educational policies. Then it turns to the attempted progressive refounding of America, tracing its accelerating radicalism from the New Deal to the 1960s’ New Left to today’s unhappy campus nihilists. Finally, the volume appraises American conservatives’ efforts, so far unavailing despite many famous victories, to revive the founders’ Constitution and moral common sense. From Ronald Reagan to Donald Trump, what have conservatives learned and where should they go from here? Along the way, Charles R. Kesler argues with critics on the left and right, and refutes fashionable doctrines including relativism, multiculturalism, critical race theory, and radical traditionalism, providing in effect a one-volume guide to the increasingly influential Claremont school of conservative thought by one of its most engaged, and engaging, thinkers.
| Author | : Robert J. Thorpe |
| Publisher | : Robert Thorpe |
| Total Pages | : 250 |
| Release | : 2010-07-30 |
| Genre | : Liberty |
| ISBN | : 9780615380445 |
WASHINGTON IS BROKEN! Its out-of-control spending and debts have set new, unimaginable records: - FEDERAL GOVERNMENT: spent over 1/3 of a TRILLION DOLLARS in just 28 days during February 2010 ($9 million per minute) - NATION: pays over $1.1 BILLION per day on the national debt interest payments (3/4 million per minute), over $4 billion per day by 2020 - TAXPAYERS: each owes $1.1 MILLION of the federal government debt (not including $10 TRILLION of new borrowing and debt through 2020) RECLAIM LIBERTY contains common sense solutions for repairing and restoring our Constitutional government and reclaiming our personal liberties and religious freedoms. 15 new citizen / State-sponsored Constitutional amendments and how to ratify them, including: a balanced budget, end to national debt, income tax and congressional reforms, protections for individual and State's rights. Out-of-control federal spending and national debt is exposed; we will soon face a "Greece-like" demise if we don't rein-in Washington. Learn how to reform congressional members and curb ever-growing federal debt, spending, federal salaries and waste. Learn how to choose, elect and support quality candidates and effectively communicate with and influence your representatives. Includes over 600 'day-planner' style entries where the reader can keep track of important information, dates and communications. Resources include 14 recommended books, 6 news-based websites, 20 resource websites and a terrific FREE news gathering organizational tool. Includes the U.S. Declaration of Independence, Bill of Rights, Constitution of the United States and all the amendments, and a new 2010 version of The Declaration of Independence. Also 50 memorable quotes from our Founding Fathers and describes what our "moral and virtuous" Founders believed and how "political correctness" and our "progressive" governments have strayed from our Founder's visions. LEARN MORE: www.ReclaimLiberty.us
| 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.
| Author | : Scott J. Hammond |
| Publisher | : |
| Total Pages | : 1236 |
| Release | : 2007 |
| Genre | : History |
| ISBN | : 9780872207875 |
From James I's Address Before Parliament (1610) to Joseph R. Biden, Jr.'s Learned Hand Dinner Address Before the American Jewish Committee (2005), this two-volume set offers an unparalleled selection of key texts from the history of American political and constitutional thought.
| Author | : Forrest McDonald |
| Publisher | : |
| Total Pages | : 384 |
| Release | : 1985 |
| Genre | : History |
| ISBN | : |
'A witty and energetic study of the ideas and passions of the Framers.' - New York Times Book Review'An important, comprehensive statement about the most fundamental period in American history. It deals authoritatively with topics no student of American can afford to ignore.' - Harvey Mansfield, author of the Spirit of Liberalism
| Author | : George F. Will |
| Publisher | : |
| Total Pages | : 280 |
| Release | : 1992 |
| Genre | : Political Science |
| ISBN | : |
Demostrates how term limits, by altering the motives of legislators, can narrow the gap between the theory and the practice of American democracy.
| Author | : Charles Howard McIlwain |
| Publisher | : The Lawbook Exchange, Ltd. |
| Total Pages | : 172 |
| Release | : 2005 |
| Genre | : Constitutional history |
| ISBN | : 1584775505 |
Examines of the rise of constitutionalism from the "democratic strands" in the works of Aristotle and Cicero through the transitional moment between the medieval and the modern eras.
