The Guardian of the Constitution


Book Description

The first English translation of Hans Kelsen's and Carl Schmitt's debate on the 'Guardian of the Constitution'.




Is the Supreme Court the Guardian of the Constitution?


Book Description

This book examines the controversy surrounding the conventional wisdom that the Court is the guardian of the Constitution and the ultimate defender of our liberties.




The Coalition and the Constitution


Book Description

`England', Benjamin Disraeli famously said, `does not love coalitions'. But 2010 saw the first peace-time coalition in Britain since the 1930s. The coalition, moreover, may well not be an aberration. For there are signs that, with the rise in strength of third parties, hung parliaments are more likely to recur than in the past. Perhaps, therefore, the era of single-party majority government, to which we have become accustomed since 1945, is coming to an end. But is the British constitution equipped to deal with coalition? Are alterations in the procedures of parliament or government needed to cope with it? The inter-party agreement between the coalition partners proposes a wide ranging series of constitutional reforms, the most important of which are fixed-term parliaments and a referendum on the alternative vote electoral system, to be held in May 2011. The coalition is also proposing measures to reduce the size of the House of Commons, to directly elect the House of Lords and to strengthen localism. These reforms, if implemented, could permanently alter the way we are governed. This book analyses the significance of coalition government for Britain and of the momentous constitutional reforms which the coalition is proposing. In doing so it seeks to penetrate the cloud of polemic and partisanship to provide an objective analysis for the informed citizen.




The Constitution of Knowledge


Book Description

Arming Americans to defend the truth from today's war on facts “In what could be the timeliest book of the year, Rauch aims to arm his readers to engage with reason in an age of illiberalism.” —Newsweek A New York Times Book Review Editors' Choice Disinformation. Trolling. Conspiracies. Social media pile-ons. Campus intolerance. On the surface, these recent additions to our daily vocabulary appear to have little in common. But together, they are driving an epistemic crisis: a multi-front challenge to America's ability to distinguish fact from fiction and elevate truth above falsehood. In 2016 Russian trolls and bots nearly drowned the truth in a flood of fake news and conspiracy theories, and Donald Trump and his troll armies continued to do the same. Social media companies struggled to keep up with a flood of falsehoods, and too often didn't even seem to try. Experts and some public officials began wondering if society was losing its grip on truth itself. Meanwhile, another new phenomenon appeared: “cancel culture.” At the push of a button, those armed with a cellphone could gang up by the thousands on anyone who ran afoul of their sanctimony. In this pathbreaking book, Jonathan Rauch reaches back to the parallel eighteenth-century developments of liberal democracy and science to explain what he calls the “Constitution of Knowledge”—our social system for turning disagreement into truth. By explicating the Constitution of Knowledge and probing the war on reality, Rauch arms defenders of truth with a clearer understanding of what they must protect, why they must do—and how they can do it. His book is a sweeping and readable description of how every American can help defend objective truth and free inquiry from threats as far away as Russia and as close as the cellphone.




What the Constitution Means to Me (TCG Edition)


Book Description

“BEST PLAY OF THE YEAR” New York Times · New Yorker · TIME · Hollywood Reporter · Newsweek · BuzzFeed · Forbes · New York · NPR · Washington Post · Entertainment Weekly · Los Angeles Times · Chicago Tribune Finalist for the 2019 Pulitzer Prize for Drama When she was fifteen years old, Heidi Schreck started traveling the country, taking part in constitutional debates to earn money for her college tuition. Decades later, in What the Constitution Means to Me, she traces the effect that the Constitution has had on four generations of women in her family, deftly examining how the United States’ founding principles are inextricably linked with our personal lives.




The Guardian of Every Other Right


Book Description

The Guardian of Every Other Right chronicles the pivotal role of property rights in fashioning the American constitutional order from the colonial era to the current controversies over eminent domain and land use controls. The book emphasizes the interplay of law, ideology, politics, and economic change in shaping constitutional thought and provides a historical perspective on the contemporary debate about property rights. Since publication of the original edition of this work, both academic and popular interest in the constitutional rights of property owners has markedly increased. Now in its third edition, this text has been revised to incorporate a full treatment of important judicial decisions, notable legislation, and scholarship since the second edition appeared in 1997. In particular, Ely provides helpful background and context for understanding the controversial Kelo decision relating to the exercise of eminent domain power for "public use." Covering the entire history of property rights in the United States, this new edition continues to fill a major gap in the literature of constitutional history and is an ideal text for students of legal and constitutional history.




Justice on the Brink


Book Description

The gripping story of the Supreme Court’s transformation from a measured institution of law and justice into a highly politicized body dominated by a right-wing supermajority, told through the dramatic lens of its most transformative year, by the Pulitzer Prize–winning law columnist for The New York Times—with a new preface by the author “A dazzling feat . . . meaty, often scintillating and sometimes scary . . . Greenhouse is a virtuoso of SCOTUS analysis.”—The Washington Post In Justice on the Brink, legendary journalist Linda Greenhouse gives us unique insight into a court under stress, providing the context and brilliant analysis readers of her work in The New York Times have come to expect. In a page-turning narrative, she recounts the twelve months when the court turned its back on its legacy and traditions, abandoning any effort to stay above and separate from politics. With remarkable clarity and deep institutional knowledge, Greenhouse shows the seeds being planted for the court’s eventual overturning of Roe v. Wade, expansion of access to guns, and unprecedented elevation of religious rights in American society. Both a chronicle and a requiem, Justice on the Brink depicts the struggle for the soul of the Supreme Court, and points to the future that awaits all of us.




The Agenda


Book Description

From 2011, when Republicans gained control of the House of Representatives, until the present, Congress enacted hardly any major legislation outside of the tax law President Trump signed in 2017. In the same period, the Supreme Court dismantled much of America's campaign finance law, severely weakened the Voting Rights Act, permitted states to opt-out of the Affordable Care Act's Medicaid expansion, weakened laws protecting against age discimination and sexual and racial harassment, and held that every state must permit same-sex couples to marry. This powerful unelected body, now controlled by six very conservative Republicans, has and will become the locus of policymaking in the United States. Ian Millhiser, Vox's Supreme Court correspondent, tells the story of what those six justices are likely to do with their power. It is true that the right to abortion is in its final days, as is affirmative action. But Millhiser shows that it is in the most arcane decisions that the Court will fundamentally reshape America, transforming it into something far less democratic, by attacking voting rights, dismantling and vetoing the federal administrative state, ignoring the separation of church and state, and putting corporations above the law. The Agenda exposes a radically altered Supreme Court whose powers extend far beyond transforming any individual right--its agenda is to shape the very nature of America's government, redefining who gets to have legal rights, who is beyond the reach of the law, and who chooses the people who make our laws.




Impeach


Book Description

INSTANT NEW YORK TIMES BESTSELLER Why President Trump has left us with no choice but to remove him from office, as explained by celebrated Supreme Court lawyer and former Acting Solicitor General Neal Katyal. No one is above the law. This belief is as American as freedom of speech and turkey on Thanksgiving--held sacred by Democrats and Republicans alike. But as celebrated Supreme Court lawyer and former Acting Solicitor General Neal Katyal argues in Impeach, if President Trump is not held accountable for repeatedly asking foreign powers to interfere in the 2020 presidential election, this could very well mark the end of our democracy. To quote President George Washington's Farewell Address: "Foreign influence is one of the most baneful foes of republican government." Impeachment should always be our last resort, explains Katyal, but our founders, our principles, and our Constitution leave us with no choice but to impeach President Trump--before it's too late.




Fake Law


Book Description

THE TOP TEN SUNDAY TIMES BESTSELLER 'A powerful polemic' Sunday Times 'A compelling, eye-opening read' Daily Express – Did an illegal immigrant avoid deportation because he had a cat? – Is the law on the side of the burglar who enters your home? – Are unelected judges ‘enemies of the people’? Most of us think the law is only relevant to criminals, if we even think of it at all. But the law touches every area of our lives: from intimate family matters to the biggest issues in our society. Our unfamiliarity is dangerous because it makes us vulnerable to media spin, political lies and the kind of misinformation that frequently comes from loud-mouthed amateurs and those with vested interests. This 'fake law' allows the powerful and the ignorant to corrupt justice without our knowledge – worse, we risk letting them make us complicit. Thankfully, the Secret Barrister is back to reveal the stupidity, malice and incompetence behind many of the biggest legal stories of recent years. In Fake Law, the Secret Barrister debunks the lies and builds a defence against the abuse of our law, our rights and our democracy that is as entertaining as it is vital.