Shaming the Constitution


Book Description

Convicted sexually violent predators are more vilified, more subject to media misrepresentation, and more likely to be denied basic human rights than any other population. Shaming the Constitution authors Michael Perlin and Heather Cucolo question the intentions of sex offender laws, offering new approaches to this most complex (and controversial) area of law and social policy. The authors assert that sex offender laws and policies are unconstitutional and counter-productive. The legislation largely fails to add to public safety—even ruining lives for what are, in some cases, trivial infractions. Shaming the Constitution draws on law, behavioral sciences, and other disciplines to show that many of the “solutions” to penalizing sexually violent predators are “wrong,” as they create the most repressive and useless laws. In addition to tracing the history of sex offender laws, the authors address the case of Jesse Timmendequas, whose crime begat “Megan’s Law;” the media’s role in creating a “moral panic;” recidivism statistics and treatments, as well as international human rights laws. Ultimately, they call attention to the flaws in the system so we can find solutions that contribute to public safety in ways that do not mock Constitutional principles.




Impeachment


Book Description

Alleging shame is easier than proving guilt.Whistleblower is a misnomer. An individual, who witnesses a wrong-doing and comes forward to enable a system to self-correct, is a whistleblower.Partisan informant is a more accurate characterization. Impeachment suffered fatal flaws, includng no eye witness, two participants confirming President Trump's account; informant anonymity; conflation of hearsay as evidence; no judiciary evaluation of executive branch claims; unauthorized subpoenas; articles inflating policy disagreements as abuse of power and legislative branch authority. Nonetheless, House Democrats achieved a lot.Nancy Pelosi employs impeachment to sway middle class, suburban women with rhetoric celebrating the moral authority of mothers raising children.Any Trump pardon or reprieve would now seem to be litigable. House Democrats may have curtailed President Trump's executive authority granting pardons and reprieves.Article II Section 2 of the Constitution suggests no less: "The President? shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment."This may well hurt Democrats among African-American voters following Trump pardons. Shame powered relevance.Nancy Pelosi represents San Francisco, the center of finance capital for networked communications industries, social media and information innovation. Adam Schiff represents Hollywood, the center for entertainment industries producing content for theater, broadcast, cable and wireline and wireless distributed networks. Jerrold Nadler represents the Financial District, West Side Manhattan, Greenwich Village and Tribeca, centers of investment, publishing, broadcasting, creative content and marketing. Their districts are home to some of the wealthiest individuals and enterprises, the 1%, whose wealth accumulates and derives from relevance.For the bottom 50%, shame creates opportunities to participate in public life and civic affairs enabling individuals to feel a bit more consequential, as if his or her voice and perspective does matter. Impeachment emerged as a defensive House Democrat course of action to sustain tactical relevance servicing the administrative state and liberal internationalism as Donald Trump leads a strategic shift to national populism and bi-and-tri-lateral trade and commerce and as an expression of resentment.




Constitutional Sentiments


Book Description

constitutional meaning, Sajo has extended to the realm of law the emerging trend that recognizes the fallibility of rational behavior. --




The Legal Aspects of Shaming: An Ancient Sanction in the Modern World


Book Description

Offering an original legal definition of shaming, this incisive book argues for greater attention to shaming by legal scholars and practitioners. Suggesting nuanced procedures to regulate shaming in diverse areas of law, it seeks to make shaming by legal entities legitimate and effective, and to use legal mechanisms to limit inappropriate shaming in non-legal contexts.




The Government's Speech and the Constitution


Book Description

Identifies and explains the constitutional problems triggered by the government's speech, and proposes a new framework for thinking about them.




Not Enough


Book Description

“No one has written with more penetrating skepticism about the history of human rights.” —Adam Kirsch, Wall Street Journal “Moyn breaks new ground in examining the relationship between human rights and economic fairness.” —George Soros The age of human rights has been kindest to the rich. While state violations of political rights have garnered unprecedented attention in recent decades, a commitment to material equality has quietly disappeared. In its place, economic liberalization has emerged as the dominant force. In this provocative book, Samuel Moyn considers how and why we chose to make human rights our highest ideals while simultaneously neglecting the demands of broader social and economic justice. Moyn places the human rights movement in relation to this disturbing shift and explores why the rise of human rights has occurred alongside exploding inequality. “Moyn asks whether human-rights theorists and advocates, in the quest to make the world better for all, have actually helped to make things worse... Sure to provoke a wider discussion.” —Adam Kirsch, Wall Street Journal “A sharpening interrogation of the liberal order and the institutions of global governance created by, and arguably for, Pax Americana... Consistently bracing.” —Pankaj Mishra, London Review of Books “Moyn suggests that our current vocabularies of global justice—above all our belief in the emancipatory potential of human rights—need to be discarded if we are work to make our vastly unequal world more equal... [A] tour de force.” —Los Angeles Review of Books




Constitutional Diplomacy


Book Description

Challenging those who accept or advocate executive supremacy in American foreign-policy making, Constitutional Diplomacy proposes that we abandon the supine roles often assigned our legislative and judicial branches in that field. This book, by the former Legal Counsel to the Senate Foreign Relations Committee, is the first comprehensive analysis of foreign policy and constitutionalism to appear in over fifteen years. In the interval since the last major work on this theme was published, the War Powers Resolution has ignited a heated controversy, several major treaties have aroused passionate disagreement over the Senate's role, intelligence abuses have been revealed and remedial legislation debated, and the Iran-Contra affair has highlighted anew the extent of disagreement over first principles. Exploring the implications of these and earlier foreign policy disputes, Michael Glennon maintains that the objectives of diplomacy cannot be successfully pursued by discarding constitutional interests. Glennon probes in detail the important foreign-policy responsibilities given to Congress by the Constitution and the duty given to the courts of resolving disputes between Congress and the President concerning the power to make foreign policy. He reviews the scope of the prime tools of diplomacy, the war power and the treaty power, and examines the concept of national security. Throughout the work he considers the intricate weave of two legal systems: American constitutional principles and the international law norms that are part of the U.S. domestic legal system.




Shame on Who?


Book Description

This presentation outlines the result of research conducted with a group of 25 women who had lived through abuse within their intimate relationships. The data, gathered through a series of semi-structured face-to-face interviews, were intended to elicit accounts of resilience but instead revealed stories saturated with emotion-talk, especially shame-talk. Examination of the concept of shame and analysis of the women's stories through this conceptual lens led to an argument that women's inability to 'do' motherhood or intimate partnership in line with dominant discourses of mothering and relationships (because these simply cannot be successfully achieved within an abusive context) opens them to the debilitating effects of shame. Shame, both actual and threatened, promotes silence, isolation and dangerous private spaces as women seek to protect themselves from its painful experience. Dr Jury argues that it is therefore crucial to promote the availability of discursive positioning for women living through abuse which offers non-shaming and realistic choices.




Constitutional Stupidities, Constitutional Tragedies


Book Description

While the Constitution is the cornerstone of American government, some who are most familiar with the document find it lacking. This unique volume brings together many of the country's most esteemed constitutional commentators and challenges them to select the "stupidest" provision of the Constitution--then to surmise possible results if different interpretations were applied.




The Politically Incorrect Guide to the Constitution


Book Description

The Constitution of the United States created a representative republic marked by federalism and the separation of powers. Yet numerous federal judges--led by the Supreme Court--have used the Constitution as a blank check to substitute their own views on hot-button issues such as abortion, capital punishment, and samesex marriage for perfectly constitutional laws enacted by We the People through our elected representatives. Now, The Politically Incorrect Guide to the Constitution shows that there is very little relationship between the Constitution as ratified by the thirteen original states more than two centuries ago and the "constitutional law" imposed upon us since then. Instead of the system of state-level decision makers and elected officials the Constitution was intended to create, judges have given us a highly centralized system in which bureaucrats and appointed--not elected--officials make most of the important policies. In The Politically Incorrect Guide to the Constitution, Professor Kevin Gutzman explains how the Constitution: Was understood by the founders who wrote it and the people who ratified it. Follows the Supreme Court as it uses the fig leaf of the Constitution to cover its naked usurpation of the rights and powers the Constitution explicitly reserves to the states and to the people. Slid from the Constitution's republican federal government, with its very limited powers, to an unrepublican "judgeocracy" with limitless powers. How the Fourteenth Amendment has been twisted to use the Bill of Rights as a check on state power instead of on federal power, as originally intended. The radical inconsistency between "constitutional law" and the rule of law. Contends that the judges who receive the most attention in history books are celebrated for acting against the Constitution rather than for it. As Professor Gutzman shows, constitutional law is supposed to apply the Constitution's plain meaning to prevent judges, presidents, and congresses from overstepping their authority. If we want to return to the founding fathers' vision of the Republic, if we want the Constitution enforced in the way it was explained to the people at the time of its ratification, then we have to overcome the "received wisdom" about what constitutional law is. The Politically Incorrect Guide to the Constitution is an important step in that direction.