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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 ISBN: 019933840X Category : Law Languages : en Pages : 307
Book Description
A New Introduction to American Constitutionalism is the first text to study the entirety of American constitutionalism, not just the traces that appear in Supreme Court decisions. Mark A. Graber both explores and offers original answers to such central questions as: What is a Constitution,? What are fundamental constitutional purposes? How are constitutions interpreted? How is constitutional authority allocated? How to constitutions change? How is the Constitution of the United States influenced by international and comparative law? and, most important, How does the Constitution work? Relying on an historical/institutional perspective, the book illustrates how American constitutionalism is a distinct form of politics, rather than a means from separating politics from law. Constitutions work far more by constructing and constituting politics than by compelling people to do what they would otherwise do. People debate the proper meaning of the first amendment, but these debates are influenced by the rule that all states are equally represented in the Senate and a political culture that in which political dissenters do not fear for their lives. More than any other work on the market, A New Introduction to American Constitutionalism highlights and expands on what a generation for law professors, political scientists and historians have said about the American constitutionalism regime. As such, this is the first truly interdisciplinary study of constitutional politics in the United States.
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: Mariah Zeisberg Publisher: Princeton University Press ISBN: 1400846773 Category : Political Science Languages : en Pages : 287
Book Description
Armed interventions in Libya, Haiti, Iraq, Vietnam, and Korea challenged the US president and Congress with a core question of constitutional interpretation: does the president, or Congress, have constitutional authority to take the country to war? War Powers argues that the Constitution doesn't offer a single legal answer to that question. But its structure and values indicate a vision of a well-functioning constitutional politics, one that enables the branches of government themselves to generate good answers to this question for the circumstances of their own times. Mariah Zeisberg shows that what matters is not that the branches enact the same constitutional settlement for all conditions, but instead how well they bring their distinctive governing capacities to bear on their interpretive work in context. Because the branches legitimately approach constitutional questions in different ways, interpretive conflicts between them can sometimes indicate a successful rather than deficient interpretive politics. Zeisberg argues for a set of distinctive constitutional standards for evaluating the branches and their relationship to one another, and she demonstrates how observers and officials can use those standards to evaluate the branches' constitutional politics. With cases ranging from the Mexican War and World War II to the Cold War, Cuban Missile Crisis, and Iran-Contra scandal, War Powers reinterprets central controversies of war powers scholarship and advances a new way of evaluating the constitutional behavior of officials outside of the judiciary.
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: Louis Michael Seidman
Author: Louis Michael Seidman
Author: Louis Michael Seidman
Author: Mark A. Graber
Author: Stuart E. Johnson
Author: Martin L. Fausold
Author: John C. Rolland
Author: Laurence J. Silberstein
Author: Mariah Zeisberg
Author: S. Gregory
Author: