The Founders and the Idea of a National University


Book Description

"Constituting the American Mind is about early efforts to establish a national university and what those efforts say about the nature and logic of American Constitutionalism. This book offers the first in depth study of the efforts to establish a national university from a constitutional perspective. While mostly noted in passing, the national university was put forward by every president from Washington to John Quincy Adams as a necessary supplement to the formal institutions of government; it would help constitute the American mind in a manner that carried forward the ideas the constitution rested on including, for example, the separation of the "civic" from the "theological.""--




The Learning of Liberty


Book Description

"This very important book is original, sweeping, and wise about the relation between education and liberal democracy in the United States. The Pangles reconsider superior ideas from the founding period in a way that illuminates any serious thinking on American education, whether policy-oriented or historical". -- American Political Science Review. "An important and thoughtful book, stimulating for citizens as well as scholars". -- Journal of American History.




Patriotism and Piety


Book Description

In Patriotism and Piety, Jonathan Den Hartog argues that the question of how religion would function in American society was decided in the decades after the Constitution and First Amendment established a legal framework. Den Hartog shows that among the wide array of politicians and public figures struggling to define religion’s place in the new nation, Federalists stood out—evolving religious attitudes were central to Federalism, and the encounter with Federalism strongly shaped American Christianity. Den Hartog describes the Federalist appropriations of religion as passing through three stages: a "republican" phase of easy cooperation inherited from the experience of the American Revolution; a "combative" phase, forged during the political battles of the 1790s–1800s, when the destiny of the republic was hotly contested; and a "voluntarist" phase that grew in importance after 1800. Faith became more individualistic and issue-oriented as a result of the actions of religious Federalists. Religious impulses fueled party activism and informed governance, but the redirection of religious energies into voluntary societies sapped party momentum, and religious differences led to intraparty splits. These developments altered not only the Federalist Party but also the practice and perception of religion in America, as Federalist insights helped to create voluntary, national organizations in which Americans could practice their faith in interdenominational settings. Patriotism and Pietyfocuses on the experiences and challenges confronted by a number of Federalists, from well-known leaders such as John Adams, John Jay, Charles Cotesworth Pinckney, and Timothy Dwight to lesser-known but still important figures such as Caleb Strong, Elias Boudinot, and William Jay.




Exchange of Ideas


Book Description

"In this first volume of a planned trilogy that will recast the history of the university in a fresh and surprising light, Adam R. Nelson aims to show how knowledge itself was commodified, starting in the late eighteenth century. Nelson follows the market transformation in the age of revolutions to show how American colleges were drawn into transatlantic commercial relations. Fusing the history of higher education with the history of capitalism, Nelson opens up an array of questions: How do we distinguish between knowledge and education as goods? Are they public or private? What determines their prices? In the most fundamental sense, what is the optimal system of higher education in a capitalist democracy? The answers have jarring relevance today"--




The Political Theory of the American Founding


Book Description

This book provides a complete overview of the American Founders' political theory, covering natural rights, natural law, state of nature, social compact, consent, and the policy implications of these ideas. The book is intended as a response to the current scholarly consensus, which holds that the Founders' political thought is best understood as an amalgam of liberalism, republicanism, and perhaps other traditions. West argues that, on the contrary, the foundational documents overwhelmingly point to natural rights as the lens through which all politics is understood. The book explores in depth how the Founders' supposedly republican policies on citizen character formation do not contradict but instead complement their liberal policies on property and economics. Additionally, the book shows how the Founders' embraced other traditions in their politics, such as common law and Protestantism.




Harvard Law Review: Volume 129, Number 4 - February 2016


Book Description

The February 2016 issue, Number 4, features these contents: • Article, "Constitutional Bad Faith," by David E. Pozen • Book Review, "No Immunity: Race, Class, and Civil Liberties in Times of Health Crisis," by Michele Goodwin & Erwin Chemerinsky • Book Review, "How Much Does Speech Matter?," by Leslie Kendrick • Note, "State Bans on Debtors' Prisons and Criminal Justice Debt" • Note, "Digital Duplications and the Fourth Amendment" • Note, "Reconciling State Sovereign Immunity with the Fourteenth Amendment" • Note, "Suspended Justice: The Case Against 28 U.S.C. § 2255's Statute of Limitations" In addition, student commentary analyzes Recent Cases on the exclusionary rule in knock-and-announce violations; FTC regulation of data security; voting rights, disparate impact, and the Texas voter ID law; and fair labor, 'primary beneficiary,' and unpaid interns. The issue includes analysis of Recent Regulations on Dodd-Frank and mandatory pay disclosure; and on Clean Air Act regulation of carbon emissions from existing power plants. Also included are a Recent Event comment on the killing of a non-university-affiliate by campus police and a Recent Book comment on Richard McAdams' 2015 book The Expressive Powers of Law. Finally, the issue includes several brief comments on Recent Publications. The Harvard Law Review is offered in a quality digital edition, featuring active Contents, linked footnotes, active URLs, legible tables, and proper ebook and Bluebook formatting. The Review is a student-run organization whose primary purpose is to publish a journal of legal scholarship. It comes out monthly from November through June and has roughly 2500 pages per volume. Student editors make all editorial and organizational decisions. This is the fourth issue of academic year 2015-2016.




The Public Option


Book Description

A solution to inequalities wherever we look—in health care, secure retirement, education—is as close as the public library. Or the post office, community pool, or local elementary school. Public options—reasonably priced government-provided services that coexist with private options—are all around us, ready to increase opportunity, expand freedom, and reawaken civic engagement if we will only let them. Whenever you go to your local public library, send mail via the post office, or visit Yosemite, you are taking advantage of a longstanding American tradition: the public option. Some of the most useful and beloved institutions in American life are public options—yet they are seldom celebrated as such. These government-supported opportunities coexist peaceably alongside private options, ensuring equal access and expanding opportunity for all. Ganesh Sitaraman and Anne Alstott challenge decades of received wisdom about the proper role of government and consider the vast improvements that could come from the expansion of public options. Far from illustrating the impossibility of effective government services, as their critics claim, public options hold the potential to transform American civic life, offering a wealth of solutions to seemingly intractable problems, from housing shortages to the escalating cost of health care. Imagine a low-cost, high-quality public option for child care. Or an extension of the excellent Thrift Savings Plan for federal employees to all Americans. Or every person having access to an account at the Federal Reserve Bank, with no fees and no minimums. From broadband internet to higher education, The Public Option reveals smart new ways to meet pressing public needs while spurring healthy competition. More effective than vouchers or tax credits, public options could offer us all fairer choices and greater security.




Fracturing the Founding


Book Description

Many in the radical right, including the Tea Party, the militia movement, the Alt-right, Christian nationalists, the Oath Keepers, neo-Nazis, and a host of others, brand themselves as constitutional patriots. In Fracturing the Founding: How the Alt-Right Corrupts the Constitution, John E. Finn, one of America’s leading constitutional scholars, argues that these professions of constitutional devotion serve an important function in mainstreaming the radical right’s ideological and policy agenda: to camouflage its racism, bigotry, and sexism to appeal to a broader audience. The constitution the extreme right holds as its faith is an odd admixture of the forgotten, the rejected, the racist, and the bizarre. Finn illuminates the central precepts of the Alt-constitution and shows how and where it differs from the (true) American Constitution. The differences are disturbing. The Alt-constitution emphasizes absolute rights and unassailable liberties (especially for freedom of speech and guns, no matter the public interest), states’ rights and a corresponding suspicion of the federal government, racial classifications recognized and legitimated by law, and privilege for white Christians. Finn’s book will appeal to all readers interested in contemporary American politics, the contemporary radical right, the Founding and the history of America’s constitution.




Political Thought and the Origins of the American Presidency


Book Description

This volume examines the political ideas behind the construction of the presidency in the U.S. Constitution, as well as how these ideas were implemented by the nation’s early presidents. The framers of the Constitution disagreed about the scope of the new executive role they were creating, and this volume reveals the ways the duties and power of the office developed contrary to many expectations. Here, leading scholars of the early republic examine principles from European thought and culture that were key to establishing the conceptual language and institutional parameters for the American executive office. Unpacking the debates at the 1787 Constitutional Convention, these essays describe how the Constitution left room for the first presidents to set patterns of behavior and establish a range of duties to make the office functional within a governmental system of checks and balances. Contributors explore how these presidents understood their positions and fleshed out their full responsibilities according to the everyday operations required to succeed. As disputes continue to surround the limits of executive power today, this volume helps identify and explain the circumstances in which limits can be imposed on presidents who seem to dangerously exceed the constitutional parameters of their office. Political Thought and the Origins of the American Presidency demonstrates that this distinctive, time-tested role developed from a fraught, historically contingent, and contested process. Contributors: Claire Rydell Arcenas | Lindsay M. Chervinsky | François Furstenberg | Jonathan Gienapp | Daniel J. Hulsebosch | Ben Lowe | Max Skjönsberg | Eric Slauter | Caroline Winterer | Blair Worden | Rosemarie Zagarri A volume in the Alan B. and Charna Larkin Series on the American Presidency




The Fifth Wave


Book Description

Out of the crises of American higher education emerges a new class of large-scale public universities designed to accelerate social change through broad access to world-class knowledge production and cutting-edge technological innovation. America's research universities lead the world in discovery, creativity, and innovation—but are captive to a set of design constraints that no longer aligns with the changing needs of society. Their commitment to discovery and innovation, which is carried out largely in isolation from the socioeconomic challenges faced by most Americans, threatens to impede the capacity of these institutions to contribute decisively and consistently to the collective good. The global preeminence of our leading institutions, moreover, does not correlate with overall excellence in American higher education. Sadly, admissions practices that flatly exclude the majority of academically qualified applicants are now the norm in our leading universities, both public and private. In The Fifth Wave, Michael M. Crow and William B. Dabars argue that colleges and universities need to be comprehensively redesigned in order to educate millions more qualified students while leveraging the complementarities between discovery and accessibility. Building on the themes of their prior collaboration, Designing the New American University, this book examines the historical development of American higher education—the first four waves—and describes the emerging standard of institutions that will transform the field. What must emerge in this Fifth Wave of universities, Crow and Dabars posit, are institutions that are responsive to the needs of students, focused on access, embedded in their regions, and committed to solving global problems. The Fifth Wave in American higher education, Crow and Dabars write, comprises an emerging league of colleges and universities that aspires to accelerate positive social outcomes through the seamless integration of world-class knowledge production with cutting-edge technological innovation. This set of institutions is dedicated to the advancement of accessibility to the broadest possible demographic that is representative of the socioeconomic and intellectual diversity of our nation. Recognizing the fact that both cooperation and competition between universities is essential if higher education hopes to truly serve the needs of the nation, Fifth Wave schools like Arizona State University are already beginning to spearhead a network spanning academia, business and industry, government agencies and laboratories, and civil society organizations. Drawing from a variety of disciplines, including design, economics, public policy, organizational theory, science and technology studies, sociology, and even cognitive psychology and epistemology, The Fifth Wave is a must-read for anyone concerned with the future of higher education in our society.