Author: Harold NorrisPublisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 1272
Book Description
Reflections on Our Constitutional Mission
Author: Harold NorrisPublisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 1272
Book Description
Threat of Dissent
Author: Julia Rose KrautPublisher: Harvard University Press
ISBN: 0674246179
Category : Law
Languages : en
Pages : 353
Book Description
In this first comprehensive overview of the intersection of immigration law and the First Amendment, a lawyer and historian traces ideological exclusion and deportation in the United States from the Alien Friends Act of 1798 to the evolving policies of the Trump administration. Beginning with the Alien Friends Act of 1798, the United States passed laws in the name of national security to bar or expel foreigners based on their beliefs and associations—although these laws sometimes conflict with First Amendment protections of freedom of speech and association or contradict America’s self-image as a nation of immigrants. The government has continually used ideological exclusions and deportations of noncitizens to suppress dissent and radicalism throughout the twentieth and twenty-first centuries, from the War on Anarchy to the Cold War to the War on Terror. In Threat of Dissent—the first social, political, and legal history of ideological exclusion and deportation in the United States—Julia Rose Kraut delves into the intricacies of major court decisions and legislation without losing sight of the people involved. We follow the cases of immigrants and foreign-born visitors, including activists, scholars, and artists such as Emma Goldman, Ernest Mandel, Carlos Fuentes, Charlie Chaplin, and John Lennon. Kraut also highlights lawyers, including Clarence Darrow and Carol Weiss King, as well as organizations, like the ACLU and PEN America, who challenged the constitutionality of ideological exclusions and deportations under the First Amendment. The Supreme Court, however, frequently interpreted restrictions under immigration law and upheld the government’s authority. By reminding us of the legal vulnerability foreigners face on the basis of their beliefs, expressions, and associations, Kraut calls our attention to the ways that ideological exclusion and deportation reflect fears of subversion and serve as tools of political repression in the United States.
Keeping Faith with the Constitution
Author: Goodwin LiuPublisher: Oxford University Press
ISBN: 0199752834
Category : Law
Languages : en
Pages : 274
Book Description
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.
Reflections on Human Nature
Author: Arthur O. LovejoyPublisher: JHU Press
ISBN: 1421432447
Category : Philosophy
Languages : en
Pages : 212
Book Description
Originally published in 1961. Arthur O. Lovejoy, beginning with his book The Great Chain of Being, helped usher in the discipline of the History of Ideas in America. In Reflections on Human Nature, Lovejoy devotes particular attention to influential figures such as Hobbes, Locke, Bishop Butler, and Mandeville, tracing developments and changes in the concept of human nature through the seventeenth and eighteenth centuries. He also discusses the theory of human nature held by the founders of the American Constitution, giving special attention to James Madison and the "Federalist Papers."
Social and Political Foundations of Constitutions
Author: Denis J. GalliganPublisher: Cambridge University Press
ISBN: 1107032881
Category : Law
Languages : en
Pages : 693
Book Description
This volume explores the social and political forces behind constitution making from a global perspective. It combines leading theoretical perspectives on the social and political foundations of constitutions with a range of in-depth case studies on constitution making in nineteen countries. The result is an examination of constitutions as social phenomena and their interaction with other social phenomena, from various perspectives in the social sciences.
We Hold These Truths
Author: John Courtney MurrayPublisher: Rowman & Littlefield
ISBN: 9780742549012
Category : Political Science
Languages : en
Pages : 324
Book Description
The 1960 publication of We Hold These Truths marked a significant event in the history of modern American thought. Since that time, Sheed & Ward has kept the book in print and has published several studies of John Courtney Murray's life and work. We are proud to present a new edition of this classic text, which features a comprehensive introduction by Peter Lawler that places Murray in the context of Catholic and American history and thought while revealing his relevance today. From the new Introduction by Peter Lawler: The Jesuit John Courtney Murray (1904-67) was, in his time, probably the best known and most widely respected American Catholic writer on the relationship between Catholic philosophy and theology and his country's political life. The highpoint of his influence was the publication of We Hold These Truths in the same year as an election of our country's first Catholic president. Those two events were celebrated by a Time cover story (December 12, 1960) on Murray's work and influence. The story's author, Protestant Douglas Auchincloss, reported that it was "The most relentlessly intellectual cover story I've done." His amazingly wide ranging and dense-if not altogether accurate-account of Murray's thought was crowned with a smart and pointed conclusion: "If anyone can help U.S. Catholics and their non-Catholic countrymen toward the disagreement that precedes understanding-John Courtney Murray can." . . . Murray's work, of course, is treated with great respect and has had considerable influence, but now it's time to begin to think of him as one of America's very few genuine political philosophers. His disarmingly lucid and accessible prose has caused his book to be widely cited and celebrated, but it still is not well understood. It is both praised and blamed for reconciling Catholic faith with the fundamental premises of American political life. It is praised by liberals for paving the way for Vatican II's embrace of the American idea of religious liberty, and it is
On Constitutional Disobedience
Author: Louis Michael SeidmanPublisher: 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.
The Lives of the Constitution
Author: Joseph TartakovskyPublisher: Encounter Books
ISBN: 1641770635
Category : Biography & Autobiography
Languages : en
Pages : 210
Book Description
In a fascinating blend of biography and history, Joseph Tartakovsky tells the epic and unexpected story of our Constitution through the eyes of ten extraordinary individuals—some renowned, like Alexander Hamilton and Woodrow Wilson, and some forgotten, like James Wilson and Ida B. Wells-Barnett. Tartakovsky brings to life their struggles over our supreme law from its origins in revolutionary America to the era of Obama and Trump. Sweeping from settings as diverse as Gold Rush California to the halls of Congress, and crowded with a vivid Dickensian cast, Tartakovsky shows how America’s unique constitutional culture grapples with questions like democracy, racial and sexual equality, free speech, economic liberty, and the role of government. Joining the ranks of other great American storytellers, Tartakovsky chronicles how Daniel Webster sought to avert the Civil War; how Alexis de Tocqueville misunderstood America; how Robert Jackson balanced liberty and order in the battle against Nazism and Communism; and how Antonin Scalia died warning Americans about the ever-growing reach of the Supreme Court. From the 1787 Philadelphia Convention to the clash over gay marriage, this is a grand tour through two centuries of constitutional history as never told before, and an education in the principles that sustain America in the most astonishing experiment in government ever undertaken.
Reflections on the Constitution
Author: Harold Joseph LaskiPublisher: Manchester University Press
ISBN:
Category :
Languages : en
Pages : 280
Book Description
Problem-oriented Policing
Author: Michael S. ScottPublisher:
ISBN:
Category : Community policing
Languages : en
Pages : 224
Book Description