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Author: Patrick M. Garry Publisher: University of Missouri Press ISBN: 082627272X Category : Political Science Languages : en Pages : 210
Book Description
Eric Hoffer Award Grand Prize Short List, 2015 What was the intended purpose and function of the Bill of Rights? Is the modern understanding of the Bill of Rights the same as that which prevailed when the document was ratified? In Limited Government and the Bill of Rights, Patrick Garry addresses these questions. Under the popular modern view, the Bill of Rights focuses primarily on protecting individual autonomy interests, making it all about the individual. But in Garry’s novel approach, one that tries to address the criticisms of judicial activism that have resulted from the Supreme Court’s contemporary individual rights jurisprudence, the Bill of Rights is all about government—about limiting the power of government. In this respect, the Bill of Rights is consistent with the overall scheme of the original Constitution, insofar as it sought to define and limit the power of the newly created federal government. Garry recognizes the desire of the constitutional framers to protect individual liberties and natural rights, indeed, a recognition of such rights had formed the basis of the American campaign for independence from Britain. However, because the constitutional framers did not have a clear idea of how to define natural rights, much less incorporate them into a written constitution for enforcement, they framed the Bill of Rights as limited government provisions rather than as individual autonomy provisions. To the framers, limited government was the constitutional path to the maintenance of liberty. Moreover, crafting the Bill of Rights as limited government provisions would not give the judiciary the kind of wide-ranging power needed to define and enforce individual autonomy. With respect to the application of this limited government model, Garry focuses specifically on the First Amendment and examines how the courts in many respects have already used a limited government model in their First Amendment decision-making. As he discusses, this approach to the First Amendment may allow for a more objective and restrained judicial role than is often applied under contemporary First Amendment jurisprudence. Limited Government and the Bill of Rights will appeal to anyone interested in the historical background of the Bill of Rights and how its provisions should be applied to contemporary cases, particularly First Amendment cases. It presents an innovative theory about the constitutional connection between the principle of limited government and the provisions in the Bill of Rights.
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: Linda C. Raeder Publisher: Rowman & Littlefield ISBN: 1498590268 Category : Political Science Languages : en Pages : 218
Book Description
This book explores the historical rise of free society in the West, especially its relation to the religious world view that inspired the quest for individual freedom. It further examines the threats to freedom posed by modern ideological movements and related paradigms such as progressivism, postmodernism, and multiculturalism.
Author: Alexander Hamilton Publisher: Read Books Ltd ISBN: 1528785878 Category : History Languages : en Pages : 455
Book Description
Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.
Author: Ivan Eland Publisher: Independent Institute ISBN: 1598132962 Category : History Languages : en Pages : 499
Book Description
Presidents who claimed to limit government often actually did the opposite. History often looks unfavorably on presidents who may have actually contributed smart and important policies. Were Harding and Coolidge really as ineffective as their reputations maintain? Did Hoover not do enough to end the Depression? Was Reagan a true champion of small-government conservatism? We all know that the American president is one of the most powerful people in the world. But to understand the presidency today we often have to learn from the past. Author Ivan Eland offers a new perspective in Eleven Presidents on the evolution of the executive office by exploring the policies of eleven key presidents who held office over the last one hundred years: Warren G. Harding, Calvin Coolidge, Herbert Hoover, Dwight D. Eisenhower, Richard Nixon, Gerald Ford, Jimmy Carter, Ronald Reagan, George H. W. Bush, Bill Clinton, and George W. Bush. The book combines an exploration of how political currents shape historical legacies with an in-depth analysis of presidents' actual policies. An important, revealing book about the presidency, legacy, and the formation of history, Eleven Presidents is essential reading for understanding the American presidency.
Author: John Samples Publisher: Cato Institute ISBN: 1935308297 Category : Political Science Languages : en Pages : 354
Book Description
In 1980, Ronald Reagan said, “It is time to check and reverse the growth of government, which shows signs of having grown beyond the consent of the governed. This book surveys the highlights and low points of the nearly 30-year struggle to limit American government, set against the big-government world of the New Deal and the Great Society.
Author: Cato Institute Publisher: Cato Institute ISBN: 1933995912 Category : Law Languages : en Pages : 698
Book Description
Offers policy recommendations from Cato Institute experts on every major policy issue. Providing both in-depth analysis and concrete recommendations, the Handbook is an invaluable resource for policymakers and anyone else interested in securing liberty through limited government.