The Second Bill of Rights


Book Description

In 1944, Franklin Delano Roosevelt gave a State of the Union Address that was arguably the greatest political speech of the twentieth century. In it, Roosevelt grappled with the definition of security in a democracy, concluding that "unless there is security here at home, there cannot be lasting peace in the world." To help ensure that security, he proposed a "Second Bill of Rights" -- economic rights that he saw as necessary to political freedom. Many of the great legislative achievements of the past sixty years stem from Roosevelt's vision. Using this speech as a launching point, Cass R. Sunstein shows how these rights are vital to the continuing security of our nation. This is an ambitious, sweeping book that argues for a new vision of FDR, of constitutional history, and our current political scene.







Never Enough


Book Description

Since the beginning of the New Deal, American liberals have insisted that the government must do more—much more—to help the poor, to increase economic security, to promote social justice and solidarity, to reduce inequality, and to mitigate the harshness of capitalism. Nonetheless, liberals have never answered, or even acknowledged, the corresponding question: What would be the size and nature of a welfare state that was not contemptibly austere, that did not urgently need new programs, bigger budgets, and a broader mandate? Even though the federal government’s outlays have doubled every eighteen years since 1940, liberal rhetoric is always addressed to a nation trapped in Groundhog Day, where every year is 1932, and none of the existing welfare state programs that spend tens of billions of dollars matter, or even exist. Never Enough explores the roots and consequences of liberals’ aphasia about the welfare state’s ultimate size. It assesses what liberalism’s lack of a limiting principle says about the long-running argument between liberals and conservatives, and about the policy choices confronting America in a new century. Never Enough argues that the failure to speak clearly and candidly about the welfare state’s limits has grave policy consequences. The worst result, however, is the way it has jeopardized the experiment in self-government by encouraging Americans to regard their government as a vehicle for exploiting their fellow-citizens, rather than as a compact for respecting one another’s rights and safeguarding the opportunities of future generations.




Governmental Powers


Book Description

Governmental Powers: Cases and Readings in Constitutional Law and American Democracy, written by prominent scholar and professor of constitutional law and political theory, Corey Brettschneider, explores the division, enumeration, and roles of the governmental powers established under the U.S. Constitution and the controversies arising from that system in the context of a changing American society. Like its parent volume, Constitutional Law and American Democracy, this text offers a wealth of highly focused case excerpts and interdisciplinary readings dealing with today s most salient debates. These carefully selected readings and cases focus on high-interest topics, including the nature and justification of judicial review, federalism, and separation of powers, and work together to create a nuanced view of key political and constitutional issues. Grounded in precedent, constitutional theory, and history, this bold work explores urgent issues of current debate and controversy making Governmental Powers fun to read and to teach. The clear, well-reasoned writing frequently challenges and always engages. A dynamic book drawing on a wealth of sources, Governmental Powers: Cases and Readings in Constitutional Law and American Democracy, features: An organization linking the history of the Constitution, constitutional law, and the structure of the federal government to contemporary issues and controversies A wealth of primary sources, including case excerpts, concurring and dissenting opinions, law journal and interdisciplinary articles, and published letters A new chapter on the nature and implications of the Supreme Court s 2012 decision regarding the Patient Protection and Affordable Health Care Act A focused selection of cases conveying a nuanced perspective on the Constitution and the political and constitutional disputes that have shaped its meaning Exposure to legal argumentation through astutely selected and edited readings from noted scholars and theorists Coverage spanning the history and development of constitutional law up to the present day, with ample background for considering the big-picture questions of constitutional doctrine and the Supreme Court s role A stimulating balance of foundational and cutting-edge topical coverage that doesn t sidestep provocative or controversial subject matter Overviews in each chapter introducing the constitutional arguments, chapter readings, and cases Discussion questions promoting comprehension, analysis, and classroom discourse Teachers of constitutional law have long awaited a text like this. Brettschneider blends the most important pertinent statements of political and legal theory with skillful excerpts from the major constitutional cases on governmental powers, civil rights, and civil liberties. Brettschneider s insightful commentaries make the text all the richer. Rogers M. Smith, Christopher H. Browne Distinguished Professor of Political Science, University of Pennsylvania




Symposium


Book Description




Constituting Economic and Social Rights


Book Description

Food, water, health, housing, and education are as fundamental to human freedom and dignity as privacy, religion, or speech. Yet only recently have legal systems begun to secure these fundamental individual interests as rights. This book looks at the dynamic processes that render economic and social rights in legal form. It argues that processes of interpretation, enforcement, and contestation each reveal how economic and social interests can be protected as human and constitutional rights, and how their protection changes public law. Drawing on constitutional examples from South Africa, Colombia, Ghana, India, the United Kingdom, the United States and elsewhere, the book examines innovations in the design and role of institutions such as courts, legislatures, executives, and agencies in the organization of social movements and in the links established with market actors. This comparative study shows how legal systems protect economic and social rights by shifting the focus from minimum bundles of commodities or entitlements to processes of value-based, deliberative problem solving. Theories of constitutionalism and governance inform the potential of this approach to reconcile economic and social rights with both democratic and market principles, while addressing the material inequality, poverty and social conflict caused, in part, by law itself.







Inherent Human Rights


Book Description

Morsink asserts that all people have human rights simply by virtue of being born into the human family and that we can know these rights without the aid of experts. He shows how the 1948 Universal Declaration of Human Rights grew out of Enlightenment principles honed by a shared revulsion at the horrors of the Holocaust.




Revolutionary Care


Book Description

Written by one of the world’s most respected care scholars, Revolutionary Care provides original theoretical insights and novel applications to offer a comprehensive approach to care as personal, political, and revolutionary. The text has nine chapters divided into two major sections. Section 1, "Thinking About Better Care," offers four theoretical chapters that reinforce the primacy of care as a moral ideal worthy of widespread commitment across ideological and cultural differences. Unlike other moral approaches, care is framed as a process morality and provides a general trajectory that can only determine the best course of action in the moment/context of need. Section 2, "Invitations and Provocations: Imagining Transformative Possibilities," employs four case studies on toxic masculinity, socialism and care economy, humanism and posthumanism, pacifism, and veganism to demonstrate the radical and revolutionary nature of care. Exploring the thinking and writing of many disciplines, including authors of color, queer scholars, and indigenous thinkers, this book is an exciting and cutting-edge contribution to care ethics scholarship as well as a useful teaching resource.




Obama’s Welfare Legacy


Book Description

The election of Barack Obama during the 2008 economic downturn brought hope to millions and presented an opportunity for expanding socioeconomic rights. But the Obama administration was consistently constrained by the challenges of a divided government, and the now-threatened Affordable Care Act, or Obamacare, remains the standout welfare reform of his presidency. In the first systematic assessment of Obama's welfare and antipoverty programs, welfare reform specialist Anne Daguerre examines these legacies of his administration, focusing in particular on the Temporary Assistance for Needy Families and the Supplemental Nutrition Assistance Programs. Drawing lessons from comparison with the Western European experience and its traditionally strong commitment to social welfare, Obama's Welfare Legacy provides an up-to-date, vital account of the contemporary politics of poverty and public entitlements in the United States.