Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Our Unsettled Constitution PDF full book. Access full book title Our Unsettled Constitution by Louis Michael Seidman. Download full books in PDF and EPUB format.
Author: Louis Michael Seidman Publisher: Berghahn Books ISBN: 9780300085310 Category : Law Languages : en Pages : 280
Book Description
Ours is an age of growing doubt about constitutional theory and of outright hostility to any theory that defends judicial review. Why should a tiny number of unelected judges be able to validate or invalidate laws on such politically controversial issues as abortion, religion, gender, and sex--or even determine how the president is elected? In this provocative book, a leading constitutional theorist offers an entirely original defense of judicial review. Louis Michael Seidman argues that judicial review is defensible if we set aside common but erroneous assumptions--that constitutional law should be independent from our political commitments and that the role of constitutional law is to settle political disagreement. Seidman develops a theory of "unsettlement." A constitution that unsettles, that destabilizes outcomes produced by the political process, creates no permanent losers nursing deep-seated grievances, he says. An "unsettling" constitution helps to build a community founded on consent by enticing losers into a continuing conversation. The author applies this theory to an array of well-known cases heard by the Supreme Court over the past several decades, including the fall 2000 election decision.
Author: Louis Michael Seidman Publisher: Berghahn Books ISBN: 9780300085310 Category : Law Languages : en Pages : 280
Book Description
Ours is an age of growing doubt about constitutional theory and of outright hostility to any theory that defends judicial review. Why should a tiny number of unelected judges be able to validate or invalidate laws on such politically controversial issues as abortion, religion, gender, and sex--or even determine how the president is elected? In this provocative book, a leading constitutional theorist offers an entirely original defense of judicial review. Louis Michael Seidman argues that judicial review is defensible if we set aside common but erroneous assumptions--that constitutional law should be independent from our political commitments and that the role of constitutional law is to settle political disagreement. Seidman develops a theory of "unsettlement." A constitution that unsettles, that destabilizes outcomes produced by the political process, creates no permanent losers nursing deep-seated grievances, he says. An "unsettling" constitution helps to build a community founded on consent by enticing losers into a continuing conversation. The author applies this theory to an array of well-known cases heard by the Supreme Court over the past several decades, including the fall 2000 election decision.
Author: Louis Michael Seidman Publisher: Oxford University Press ISBN: 0199898278 Category : Law Languages : en Pages : 175
Book Description
In On Constitutional Disobedience, leading constitutional scholar Louis Michael Seidman explains why constitutional disobedience may well produce a better politics and considers the shape that such disobedience might take. First, though, he stresses that is worth remembering the primary goals of the original Constitution's authors, many of which were unseemly both then and now. Should we really feel obligated to defend our electoral college or various other features that arguably lead to unjust results? Yet many of our political debates revolve around constitutional features that no one loves but which everyone feels obligated to defend. After walking through the various defenses put forth by proponents of the US Constitutional system, Seidman shows why none of them hold up. The solution, he claims, is to abandon our loyalty to many of the document's requirements and instead embrace the Constitution as a 'poetic' vision of a just society. Lest we worry that forsaking the Constitution will result in anarchy, we only need to remember Great Britain, which functions very effectively without a written constitution. If we were to do this, we could design sensible institutions that fit our own era and craft solutions that have the support of today's majorities. Seidman worries that if we continue to embrace the anachronistic commands of a centuries-old document, our political and institutional dysfunction will only increase. The answer is not to abandon the Constitution in its entirety, but to treat it as an inspiration while disobeying the many particulars that deserve to go into history's dustbin.
Author: Mark A. Graber Publisher: Oxford University Press, USA ISBN: 0199943885 Category : Law Languages : en Pages : 308
Book Description
Mark A. Graber explores the fundamental elements of the American constitutional order with particular emphasis on how constitutionalism in the United States is a form of politics and not a means of subordinating politics to law.
Author: S. Gregory Publisher: Springer ISBN: 0230536735 Category : Political Science Languages : en Pages : 274
Book Description
Since the end of the Cold War French defence policy has undergone a transformation. France has reformed its national defence to Europeanize and multilateralize its role, moved closer to NATO, and emerged as amongst the world's most active military powers. This book presents a wide-ranging analysis, setting out the background and policy framework of French defence, charting the transformation of policy between 1989 and 1996, and examining the role of the French military within and beyond Europe into the twenty-first century.
Author: Stuart E. Johnson Publisher: Rand Corporation ISBN: Category : History Languages : en Pages : 424
Book Description
Addresses the challenges of this changed world, the difficulties for defense planning these challenges engender, and new analytic techniques for framing these complex problems.
Author: Martin L. Fausold Publisher: SUNY Press ISBN: 9780791404676 Category : Political Science Languages : en Pages : 360
Book Description
In this unusual and provocative volume, historians examine the presidencies of Jefferson, Jackson, Lincoln, Theodore Roosevelt, F. D. R., and Truman, while political scientists assess the contemporary presidency and suggest a range of reforms, from modest to radical, including fundamental alterations to the balance of power between the presidency and the Congress.
Author: Laurence J. Silberstein Publisher: NYU Press ISBN: 081477928X Category : History Languages : en Pages : 364
Book Description
This volume, the first in the series New perspectives on Jewish studies, published by the Berman Center for Jewish Studies and NYU Press, draws upon recent Israeli and North American historiography to shed new light on fundamental social, political, and cultural issues surrounding the emergence of the State of Israel. Annotation copyrighted by Book News, Inc., Portland, OR
Author: Donald M. Snow Publisher: Routledge ISBN: 1317346211 Category : Political Science Languages : en Pages : 700
Book Description
Analyzes the history, evolution, and processes of national security policies This text examines national security from two fundamental fault lines-the end of the Cold War and the 9/11 terrorist attacks-and considers how the resulting era of globalization and geopolitics guides policy. Placing this trend in conceptual and historical context and following it through military, semi-military, and non-military concerns, National Security for a New Era treats its subject as a nuanced and subtle phenomenon that encompasses everything from the nation to the individual.
Author: Christopher W. Hughes Publisher: Routledge ISBN: 1351225847 Category : History Languages : en Pages : 125
Book Description
Is Japan on a path towards assuming a greater military role internationally, or has the recent military normalisation ground to a halt since the premiership of Junichiro Koizumi? In this book, Christopher W. Hughes assesses developments in defence expenditure, civilmilitary relations, domestic and international militaryindustrial complexes, Japans procurement of regional and global power-projection capabilities, the expansion of USJapan cooperation, and attitudes towards nuclear weapons, constitutional revision and the use of military force. In all of these areas, dynamic and long-term changes outweigh Japans short-term political logjam over security policy. Hughes argues that many post-war constraints on Japans military role are still eroding, and that Tokyo is moving towards a more assertive military role and strengthened USJapan cooperation. Japans remilitarisation will boost its international security role and the dominance of the USJapan alliance in regional and global security affairs, but will need to be carefully managed if it is not to become a source of destabilising tensions.
Author: Louis Michael Seidman
Author: Louis Michael Seidman
Author: Louis Michael Seidman
Author: Mark A. Graber
Author: S. Gregory
Author: Stuart E. Johnson
Author: Martin L. Fausold
Author: Laurence J. Silberstein
Author: Donald M. Snow
Author: John C. Rolland
Author: Christopher W. Hughes