The Foundations of American Constitutionalism

The Foundations of American Constitutionalism
Author: Andrew Cunningham McLaughlin
Publisher: The Lawbook Exchange, Ltd.
Total Pages: 184
Release: 2002
Genre: Constitutional history
ISBN: 1584772271

This study locates the principles of the United States Constitution in the political philosophy of colonial New England, Puritan practices and the ideals of English personal rights and limited government common to all of the colonies.

The Classical Foundations of the American Constitution

The Classical Foundations of the American Constitution
Author: David J. Bederman
Publisher: Cambridge University Press
Total Pages: 0
Release: 2011-02-17
Genre: Law
ISBN: 9780521187619

The Framers of the American Constitution were substantially influenced by ancient history and classical political theory, as exemplified by their education, the availability of classical readings, and their inculcation in classical republican values. This volume explores how the Framing generation deployed classical learning to develop many of the essential structural aspects of the Constitution: federalism, separation of powers, a bicameral legislature, independent courts, and the war and foreign relations powers. Also examined are very contemporary constitutional debates, for which there were classical inspirations, including sovereign immunity, executive privilege, line-item vetoes, and the electoral college. Combining techniques of intellectual history, classical studies, and constitutional interpretation, this book makes a unique contribution to our understanding of contemporary constitutionalism.

Common-law Liberty

Common-law Liberty
Author: James Reist Stoner
Publisher:
Total Pages: 230
Release: 2003
Genre: Law
ISBN:

In an ere as morally confused as ours, Stoner argues, we at least ought to know what we've abandoned or suppressed in the name of judicial activism and the modern rights-oriented Constitution. Having lost our way, perhaps the common law, in its original sense, provides a way back, a viable alternative to the debilitating relativism of our current age.

The Legal Foundations of Inequality

The Legal Foundations of Inequality
Author: Roberto Gargarella
Publisher: Cambridge University Press
Total Pages: 287
Release: 2010-04-12
Genre: Political Science
ISBN: 1139485989

The long revolutionary movements that gave birth to constitutional democracies in the Americas were founded on egalitarian constitutional ideals. They claimed that all men were created equal with similar capacities and also that the community should become self-governing. Following the first constitutional debates that took place in the region, these promising egalitarian claims, which gave legitimacy to the revolutions, soon fell out of favor. Advocates of a conservative order challenged both ideals and favored constitutions that established religion and created an exclusionary political structure. Liberals proposed constitutions that protected individual autonomy and rights but established severe restrictions on the principle of majority rule. Radicals favored an openly majoritarian constitutional organization that, according to many, directly threatened the protection of individual rights. This book examines the influence of these opposite views during the 'founding period' of constitutionalism in countries including the United States, Argentina, Colombia, Chile, Ecuador, Mexico, Peru, and Venezuela.

George Washington and American Constitutionalism

George Washington and American Constitutionalism
Author: Glenn A. Phelps
Publisher:
Total Pages: 264
Release: 1993
Genre: Biography & Autobiography
ISBN:

Known as the Father of His Country, George Washington is sometimes viewed as a demi-god for what he was and did, rather than for what he thought. In addition to being a popular icon for the forces of American nationalism, he served as commander-in-chief of the victorious Continental Army. That he played a key role in securing the adoption of the Constitution is well known, but few credit him with a political philosophy that actively shaped the constitutional tradition.

The Anti-Oligarchy Constitution

The Anti-Oligarchy Constitution
Author: Joseph Fishkin
Publisher: Harvard University Press
Total Pages: 0
Release: 2024-05-01
Genre: Law
ISBN: 9780674295544

“Eminently readable, and anybody who cares about the future of American democracy in these perilous times can only hope that it will be widely read and carefully considered.” —James Pope, Washington Post “Fishkin and Forbath’s accessible work serves as both history lesson and political playbook, offering the Left an underutilized—and perhaps counterintuitive—tool in the present-day fight against social and economic injustice: the Constitution.” —Benjamin Morse, Jacobin “Rousing and authoritative...attempt[s] to recover the Constitution’s pivotal role in shaping claims of justice and equality...Makes even the present court’s capture by the ideological right a compelling platform for a revived social-democratic constitutional politics.” —New Republic Oligarchy is a threat to the American republic. When too much economic and political power is concentrated in too few hands, we risk losing the “republican form of government” the Constitution requires. Today, courts enforce the Constitution as if it had almost nothing to say about this threat. But as this revolutionary retelling of constitutional history shows, a commitment to prevent oligarchy once stood at the center of a robust tradition in American political and constitutional thought. Joseph Fishkin and William Forbath demonstrate that reformers, legislators, and even judges working in this “democracy-of-opportunity” tradition understood that the Constitution imposes a duty on legislatures to thwart oligarchy and promote a broad distribution of wealth and political power. These ideas led Jacksonians to fight special economic privileges for the few, Populists to try to break up monopoly power, and Progressives to fight for the constitutional right to form a union. But today, as we enter a new Gilded Age, this tradition in progressive American economic and political thought lies dormant. The Anti-Oligarchy Constitution begins the work of recovering it and exploring its profound implications for our deeply unequal society and badly damaged democracy.

God and Man in the Law

God and Man in the Law
Author: Robert Lowry Clinton
Publisher:
Total Pages: 320
Release: 1997
Genre: Law
ISBN:

In a wide-ranging study based on legal history, political theory, and philosophical ideas going all the way back to Plato and Roman law, Robert Clinton challenges current faith in an activist judiciary. Claiming that a human-centered Constitution leads to government by reductive moral theory and illegitimate judicial review, he advocates a return to traditional jurisprudence and a God-centered Constitution grounded in English common law and its precedents.

Moral Foundations of Constitutional Thought

Moral Foundations of Constitutional Thought
Author: Graham Walker
Publisher: Princeton University Press
Total Pages: 200
Release: 2014-07-14
Genre: Philosophy
ISBN: 1400861446

Graham Walker boldly recasts the debate over issues like constitutional interpretation and judicial review, and challenges contemporary thinking not only about specifically constitutional questions but also about liberalism, law, justice, and rights. Walker targets the "skeptical" moral nihilism of leading American judges and writers, on both the political left and right, charging that their premises undermine the authority of the Constitution, empty its moral words of any determinate meaning, and make nonsense of ostensibly normative theories. But he is even more worried about those who desire to conduct constitutional government by direct recourse to an authoritative moral truth. Augustine's political ethics, Walker argues, offers a solution--a way to embrace substantive goodness while relativizing its embodiment in politics and law. Walker sees in Augustinian theory an understanding of the rule of law that prevents us from mistaking law for moral truth. Pointing out how the tensions in that theory resonate with the normative ambivalence of America's liberal constitutionalism, he shows that Augustine can provide successful but decidedly nonliberal grounds for the artifices and compromises characteristic of law in a liberal state. Originally published in 1990. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.