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Author: Jonathan Gienapp Publisher: Harvard University Press ISBN: 067498952X Category : History Languages : en Pages : 465
Book Description
A stunning revision of our founding document’s evolving history that forces us to confront anew the question that animated the founders so long ago: What is our Constitution? Americans widely believe that the United States Constitution was created when it was drafted in 1787 and ratified in 1788. But in a shrewd rereading of the Founding era, Jonathan Gienapp upends this long-held assumption, recovering the unknown story of American constitutional creation in the decade after its adoption—a story with explosive implications for current debates over constitutional originalism and interpretation. When the Constitution first appeared, it was shrouded in uncertainty. Not only was its meaning unclear, but so too was its essential nature. Was the American Constitution a written text, or something else? Was it a legal text? Was it finished or unfinished? What rules would guide its interpretation? Who would adjudicate competing readings? As political leaders put the Constitution to work, none of these questions had answers. Through vigorous debates they confronted the document’s uncertainty, and—over time—how these leaders imagined the Constitution radically changed. They had begun trying to fix, or resolve, an imperfect document, but they ended up fixing, or cementing, a very particular notion of the Constitution as a distinctively textual and historical artifact circumscribed in space and time. This means that some of the Constitution’s most definitive characteristics, ones which are often treated as innate, were only added later and were thus contingent and optional.
Author: Jonathan Gienapp Publisher: Harvard University Press ISBN: 067498952X Category : History Languages : en Pages : 465
Book Description
A stunning revision of our founding document’s evolving history that forces us to confront anew the question that animated the founders so long ago: What is our Constitution? Americans widely believe that the United States Constitution was created when it was drafted in 1787 and ratified in 1788. But in a shrewd rereading of the Founding era, Jonathan Gienapp upends this long-held assumption, recovering the unknown story of American constitutional creation in the decade after its adoption—a story with explosive implications for current debates over constitutional originalism and interpretation. When the Constitution first appeared, it was shrouded in uncertainty. Not only was its meaning unclear, but so too was its essential nature. Was the American Constitution a written text, or something else? Was it a legal text? Was it finished or unfinished? What rules would guide its interpretation? Who would adjudicate competing readings? As political leaders put the Constitution to work, none of these questions had answers. Through vigorous debates they confronted the document’s uncertainty, and—over time—how these leaders imagined the Constitution radically changed. They had begun trying to fix, or resolve, an imperfect document, but they ended up fixing, or cementing, a very particular notion of the Constitution as a distinctively textual and historical artifact circumscribed in space and time. This means that some of the Constitution’s most definitive characteristics, ones which are often treated as innate, were only added later and were thus contingent and optional.
Author: Jon D. Michaels Publisher: Harvard University Press ISBN: 0674737733 Category : Business & Economics Languages : en Pages : 321
Book Description
Americans hate bureaucracy—though they love the services it provides—and demand that government run like a business. Hence today’s privatization revolution. Jon Michaels shows how the fusion of politics and profits commercializes government and consolidates state power in ways the Constitution’s framers endeavored to disaggregate.
Author: Richard Albert Publisher: Oxford University Press ISBN: 0190640499 Category : Law Languages : en Pages : 353
Book Description
Constitutional Amendments: Making, Breaking, and Changing Constitutions is both a roadmap for navigating the intellectual universe of constitutional amendments and a blueprint for building and improving the rules of constitutional change. Drawing from dozens of constitutions in every region of the world, this book blends theory with practice to answer two all-important questions: what is an amendment and how should constitutional designers structure the procedures of constitutional change? The first matters now more than ever. Reformers are exploiting the rules of constitutional amendment, testing the limits of legal constraint, undermining the norms of democratic government, and flouting the constitution as written to create entirely new constitutions that masquerade as ordinary amendments. The second question is central to the performance and endurance of constitutions. Constitutional designers today have virtually no resources to guide them in constructing the rules of amendment, and scholars do not have a clear portrait of the significance of amendment rules in the project of constitutionalism. This book shows that no part of a constitution is more important than the procedures we use change it. Amendment rules open a window into the soul of a constitution, exposing its deepest vulnerabilities and revealing its greatest strengths. The codification of amendment rules often at the end of the text proves that last is not always least.
Author: Richard A. Epstein Publisher: Harvard University Press ISBN: 0674727800 Category : Law Languages : en Pages : 889
Book Description
American liberals and conservatives alike take for granted a progressive view of the Constitution that took root in the early twentieth century. Richard Epstein laments this complacency which, he believes, explains America’s current economic malaise and political gridlock. Steering clear of well-worn debates between defenders of originalism and proponents of a living Constitution, Epstein employs close textual reading, historical analysis, and political and economic theory to urge a return to the classical liberal theory of governance that animated the framers’ original text, and to the limited government this theory supports. “[An] important and learned book.” —Gary L. McDowell, Times Literary Supplement “Epstein has now produced a full-scale and full-throated defense of his unusual vision of the Constitution. This book is his magnum opus...Much of his book consists of comprehensive and exceptionally detailed accounts of how constitutional provisions ought to be understood...All of Epstein’s particular discussions are instructive, and most of them are provocative...Epstein has written a passionate, learned, and committed book.” —Cass R. Sunstein, New Republic
Author: Peter Conti-Brown Publisher: Princeton University Press ISBN: 0691178380 Category : Business & Economics Languages : en Pages : 372
Book Description
An in-depth look at the history, leadership, and structure of the Federal Reserve Bank The independence of the Federal Reserve is considered a cornerstone of its identity, crucial for keeping monetary policy decisions free of electoral politics. But do we really understand what is meant by "Federal Reserve independence"? Using scores of examples from the Fed's rich history, The Power and Independence of the Federal Reserve shows that much common wisdom about the nation's central bank is inaccurate. Legal scholar and financial historian Peter Conti-Brown provides an in-depth look at the Fed's place in government, its internal governance structure, and its relationships to such individuals and groups as the president, Congress, economists, and bankers. Exploring how the Fed regulates the global economy and handles its own internal politics, and how the law does—and does not—define the Fed's power, Conti-Brown captures and clarifies the central bank's defining complexities. He examines the foundations of the Federal Reserve Act of 1913, which established a system of central banks, and the ways that subsequent generations have redefined the organization. Challenging the notion that the Fed Chair controls the organization as an all-powerful technocrat, he explains how institutions and individuals—within and outside of government—shape Fed policy. Conti-Brown demonstrates that the evolving mission of the Fed—including systemic risk regulation, wider bank supervision, and as a guardian against inflation and deflation—requires a reevaluation of the very way the nation's central bank is structured. Investigating how the Fed influences and is influenced by ideologies, personalities, law, and history, The Power and Independence of the Federal Reserve offers a uniquely clear and timely picture of one of the most important institutions in the United States and the world.
Author: J. M. Balkin Publisher: ISBN: 0197530990 Category : Law Languages : en Pages : 257
Book Description
The Cycles of Constitutional Time shows where American democracy has been and projects where it is going. Jack Balkin explains why our politics seems so dysfunctional and why fights over the courts seem so bitter and unhinged. He portrays our present troubles in terms of longer, constitutional trends. In doing so, he also offers a message of hope for the future. The same trends that put us in this predicament are slowly changing. Our political system can get better if Americans mobilize to change it.
Author: William N. Eskridge (Jr.) Publisher: Yale University Press ISBN: 0300120885 Category : Political Science Languages : en Pages : 591
Book Description
William Eskridge and John Ferejohn propose an original theory of constitutional law whereby, while the Constitution provides a vision, our democracy advances by means of statutes that supplement or even supplant the written Constitution.
Author: Andrew Rudalevige Publisher: Princeton University Press ISBN: 0691203717 Category : Political Science Languages : en Pages : 324
Book Description
How the executive branch—not the president alone—formulates executive orders, and how this process constrains the chief executive's ability to act unilaterally The president of the United States is commonly thought to wield extraordinary personal power through the issuance of executive orders. In fact, the vast majority of such orders are proposed by federal agencies and shaped by negotiations that span the executive branch. By Executive Order provides the first comprehensive look at how presidential directives are written—and by whom. In this eye-opening book, Andrew Rudalevige examines more than five hundred executive orders from the 1930s to today—as well as more than two hundred others negotiated but never issued—shedding vital new light on the multilateral process of drafting supposedly unilateral directives. He draws on a wealth of archival evidence from the Office of Management and Budget and presidential libraries as well as original interviews to show how the crafting of orders requires widespread consultation and compromise with a formidable bureaucracy. Rudalevige explains the key role of management in the presidential skill set, detailing how bureaucratic resistance can stall and even prevent actions the chief executive desires, and how presidents must bargain with the bureaucracy even when they seek to act unilaterally. Challenging popular conceptions about the scope of presidential power, By Executive Order reveals how the executive branch holds the power to both enact and constrain the president’s will.
Author: Paula A. Monopoli Publisher: ISBN: 0190092793 Category : Law Languages : en Pages : 257
Book Description
An account of the ramifications of the passage of the Nineteenth Amendment and the divisions it created in the courts and Congress, and in the women's movement itself.Constitutional Orphan explores the role of former suffragists in the constitutional development of the Nineteenth Amendment, during the decade following its ratification in 1920. It examines the pivot to new missions, immediately after ratification, by two national suffrage organizations, the National Woman's Party and the National American Woman Suffrage Association. The NWP turned from suffrage to a federal equal rights amendment. NAWSA became the National League of Women Voters, and turned to voter education and social welfare legislation. The book then connects that pivot by both groups, to the emergence of a thin conception of the Nineteenth Amendment, as a matter of constitutional interpretation. It surfaces the history around the Congressional failure to enact enforcement legislation, pursuant to the Nineteenth, and connects that with the NWP's perceived need for southern Congressional votes for the ERA. It also explores the choice to turn away from African American women suffragists asking for help to combat voter suppression efforts, after the November 1920 presidential election; and then evaluates the deep divisions among NWP members, some of whom were social feminists who opposed the ERA, and the NLWV, which supported the social feminists in that opposition. The book also analyzes how state courts, left without federal enforcement legislation to constrain or guide them, used strict construction to cabin the emergence of a more robust interpretation of the Nineteenth. It concludes with an examination of new legal scholarship, which suggests broader ways in which the Nineteenth could be used today to expand gender equality.
Author: Jonathan Gienapp
Author: Jonathan Gienapp
Author: Jon D. Michaels
Author: Richard Albert
Author: Randy J. Kozel
Author: Richard A. Epstein
Author: Peter Conti-Brown
Author: J. M. Balkin
Author: William N. Eskridge (Jr.)
Author: Andrew Rudalevige
Author: Paula A. Monopoli