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| Author | : Bradley C. S. Watson |
| Publisher | : Cambridge University Press |
| Total Pages | : 343 |
| Release | : 2017-04-24 |
| Genre | : History |
| ISBN | : 1107094372 |
This book details the origins of American progressivism and its enduring effects on American politics and constitutionalism in the twenty-first century.
| Author | : Bradley C. S. Watson |
| Publisher | : University of Notre Dame Pess |
| Total Pages | : 325 |
| Release | : 2020-02-28 |
| Genre | : Political Science |
| ISBN | : 0268106991 |
At its core this book is intellectual history, tracing the work of progressive historians as they in turn wrote the history of progressivism. In Progressivism: The Strange History of a Radical Idea, Bradley C. S. Watson presents an intellectual history of American progressivism as a philosophical-political phenomenon, focusing on how and with what consequences the academic discipline of history came to accept and propagate it. This book offers a meticulously detailed historiography and critique of the insularity and biases of academic culture. It shows how the first scholarly interpreters of progressivism were, in large measure, also its intellectual architects, and later interpreters were in deep sympathy with their premises and conclusions. Too many scholarly treatments of the progressive synthesis were products of it, or at least were insufficiently mindful of two central facts: the hostility of progressive theory to the Founders’ Constitution and the tension between progressive theory and the realm of the private, including even conscience itself. The constitutional and religious dimensions of progressive thought—and, in particular, the relationship between the two—remained hidden for much of the twentieth century. This pathbreaking volume reveals how and why this scholarly obfuscation occurred. The book will interest students and scholars of American political thought, the Progressive Era, and historiography, and it will be a useful reference work for anyone in history, law, and political science.
| Author | : David E. Bernstein |
| Publisher | : University of Chicago Press |
| Total Pages | : 204 |
| Release | : 2011-05-15 |
| Genre | : History |
| ISBN | : 0226043533 |
In this timely reevaluation of an infamous Supreme Court decision, David E. Bernstein provides a compelling survey of the history and background of Lochner v. New York. This 1905 decision invalidated state laws limiting work hours and became the leading case contending that novel economic regulations were unconstitutional. Sure to be controversial, Rehabilitating Lochner argues that the decision was well grounded in precedent—and that modern constitutional jurisprudence owes at least as much to the limited-government ideas of Lochner proponents as to the more expansive vision of its Progressive opponents. Tracing the influence of this decision through subsequent battles over segregation laws, sex discrimination, civil liberties, and more, Rehabilitating Lochner argues not only that the court acted reasonably in Lochner, but that Lochner and like-minded cases have been widely misunderstood and unfairly maligned ever since.
| Author | : Erwin Chemerinsky |
| Publisher | : Picador |
| Total Pages | : 319 |
| Release | : 2018-11-13 |
| Genre | : Law |
| ISBN | : 1250166004 |
"This work will become the defining text on progressive constitutionalism — a parallel to Thomas Picketty’s contribution but for all who care deeply about constitutional law. Beautifully written and powerfully argued, this is a masterpiece." --Lawrence Lessig, Harvard Law School, and author of Free Culture Worried about what a super conservative majority on the Supreme Court means for the future of civil liberties? From gun control to reproductive health, a conservative court will reshape the lives of all Americans for decades to come. The time to develop and defend a progressive vision of the U.S. Constitution that protects the rights of all people is now. University of California Berkeley Dean and respected legal scholar Erwin Chemerinsky expertly exposes how conservatives are using the Constitution to advance their own agenda that favors business over consumers and employees, and government power over individual rights. But exposure is not enough. Progressives have spent too much of the last forty-five years trying to preserve the legacy of the Warren Court’s most important rulings and reacting to the Republican-dominated Supreme Courts by criticizing their erosion of rights—but have not yet developed a progressive vision for the Constitution itself. Yet, if we just look to the promise of the Preamble—liberty and justice for all—and take seriously its vision, a progressive reading of the Constitution can lead us forward as we continue our fight ensuring democratic rule, effective government, justice, liberty, and equality. Includes the Complete Constitution and Amendments of the United States of America
| Author | : Caroline Fredrickson |
| Publisher | : The New Press |
| Total Pages | : 175 |
| Release | : 2019-04-23 |
| Genre | : Political Science |
| ISBN | : 1620973901 |
The former special assistant for legislative affairs to President Clinton, president of the American Constitution Society, and author of the "damn fine" (Elle) Under the Bus shows how the left can undo the right's damage and take the country back Despite representing the beliefs of a minority of the American public on many issues, conservatives are in power not just in Washington, DC, but also in state capitals and courtrooms across the country. They got there because, while progressives fought to death over the nuances of policy and to bring attention to specific issues, conservatives focused on simply gaining power by gaming our democracy. They understood that policy follows power, not the other way around. Now, in a sensational new book, Caroline Fredrickson—who has had a front-row seat on the political drama in DC for decades while working to shape progressive policies as special assistant for legislative affairs to President Clinton, chief of staff to Senator Maria Cantwell, deputy chief of staff to Senator Tom Daschle, and president of the American Constitution Society—argues that it's time for progressives to focus on winning. She shows us how we can learn from the Right by having the determination to focus on judicial elections, state power, and voter laws without stooping to their dishonest, rule-breaking tactics. We must be ruthless in thinking through how to change the rules of the game to regain power, expand the franchise, end voter suppression, win judicial elections, and fight for transparency and fairness in our political system, and Fredrickson shows us how.
| Author | : Paul Pierson |
| Publisher | : Princeton University Press |
| Total Pages | : 348 |
| Release | : 2007-08-19 |
| Genre | : Political Science |
| ISBN | : 9780691122588 |
The contemporary American political landscape has been marked by two paradoxical transformations: the emergence after 1960 of an increasingly activist state, and the rise of an assertive and politically powerful conservatism that strongly opposes activist government. Leading young scholars take up these issues in The Transformation of American Politics. Arguing that even conservative administrations have become more deeply involved in managing our economy and social choices, they examine why our political system nevertheless has grown divided as never before over the extent to which government should involve itself in our lives. The contributors show how these two closely linked trends have influenced the reform and running of political institutions, patterns of civic engagement, and capacities for partisan mobilization--and fueled ever-heightening conflicts over the contours and reach of public policy. These transformations not only redefined who participates in American politics and how they do so, but altered the substance of political conflicts and the capacities of rival interests to succeed. Representing both an important analysis of American politics and an innovative contribution to the study of long-term political change, this pioneering volume reveals how partisan discourse and the relationship between citizens and their government have been redrawn and complicated by increased government programs. The contributors are Andrea Louise Campbell, Jacob S. Hacker, Nolan McCarty, Suzanne Mettler, Paul Pierson, Theda Skocpol, Mark A. Smith, Steven M. Teles, and Julian E. Zelizer.
| 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.
| Author | : Bradley C. S. Watson |
| Publisher | : Cambridge University Press |
| Total Pages | : 343 |
| Release | : 2017-04-24 |
| Genre | : Political Science |
| ISBN | : 1108326293 |
In this volume, Bradley C. S. Watson brings together the leading scholars who have sparked one of the most important intellectual and political movements of our times: the criticism of the progressive intellectual synthesis that has dominated American thought and politics over much of the last century, and has provided the framework in which the administrative state has expanded and flourished. The contributors address the most important questions raised by this movement: what is the meaning of progressivism? What is the nature of the Founders' Constitution and the progressive challenges to it? What is the significance of recent scholarship and public opinion that have arisen in opposition to the progressive vision? What are the implications of American progressivism for twenty-first century politics and policy? Progressive Challenges to the American Constitution addresses the growing doubt about the scope and sustainability of expanded government power.
| Author | : Emily Zackin |
| Publisher | : Princeton University Press |
| Total Pages | : 250 |
| Release | : 2013-04-21 |
| Genre | : Law |
| ISBN | : 069115578X |
Unlike many national constitutions, which contain explicit positive rights to such things as education, a living wage, and a healthful environment, the U.S. Bill of Rights appears to contain only a long list of prohibitions on government. American constitutional rights, we are often told, protect people only from an overbearing government, but give no explicit guarantees of governmental help. Looking for Rights in All the Wrong Places argues that we have fundamentally misunderstood the American rights tradition. The United States actually has a long history of enshrining positive rights in its constitutional law, but these rights have been overlooked simply because they are not in the federal Constitution. Emily Zackin shows how they instead have been included in America's state constitutions, in large part because state governments, not the federal government, have long been primarily responsible for crafting American social policy. Although state constitutions, seemingly mired in trivial detail, can look like pale imitations of their federal counterpart, they have been sites of serious debate, reflect national concerns, and enshrine choices about fundamental values. Zackin looks in depth at the history of education, labor, and environmental reform, explaining why America's activists targeted state constitutions in their struggles for government protection from the hazards of life under capitalism. Shedding much-needed light on the variety of reasons that activists pursued the creation of new state-level rights, Looking for Rights in All the Wrong Places challenges us to rethink our most basic assumptions about the American constitutional tradition.
| Author | : Victor Davis Hanson |
| Publisher | : Basic Books |
| Total Pages | : 401 |
| Release | : 2021-10-05 |
| Genre | : Political Science |
| ISBN | : 1541647548 |
The New York Times bestselling author of The Case for Trump explains the decline and fall of the once cherished idea of American citizenship. Human history is full of the stories of peasants, subjects, and tribes. Yet the concept of the “citizen” is historically rare—and was among America’s most valued ideals for over two centuries. But without shock treatment, warns historian Victor Davis Hanson, American citizenship as we have known it may soon vanish. In The Dying Citizen, Hanson outlines the historical forces that led to this crisis. The evisceration of the middle class over the last fifty years has made many Americans dependent on the federal government. Open borders have undermined the idea of allegiance to a particular place. Identity politics have eradicated our collective civic sense of self. And a top-heavy administrative state has endangered personal liberty, along with formal efforts to weaken the Constitution. As in the revolutionary years of 1848, 1917, and 1968, 2020 ripped away our complacency about the future. But in the aftermath, we as Americans can rebuild and recover what we have lost. The choice is ours.
