Keeping Faith with the Constitution


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.




Colonial Origins of the American Constitution


Book Description

Presents 80 documents selected to reflect Eric Voegelin's theory that in Western civilization basic political symbolizations tend to be variants of the original symbolization of Judeo-Christian religious tradition. These documents demonstrate the continuity of symbols preceding the writing of the Constitution and all contain a number of basic symbols such as: a constitution as higher law, popular sovereignty, legislative supremacy, the deliberative process, and a virtuous people. Annotation copyrighted by Book News, Inc., Portland, OR




Government by Judiciary


Book Description

It is Berger's theory that the United States Supreme Court has embarked on "a continuing revision of the Constitution, under the guise of interpretation," thereby subverting America's democratic institutions and wreaking havoc upon Americans' social and political lives. Raoul Berger (1901-2000) was Charles Warren Senior Fellow in American Legal History, Harvard University. Please note: This title is available as an ebook for purchase on Amazon, Barnes and Noble, and iTunes.




The Rise and Fall of the Second American Republic: Reconstruction, 1860-1920


Book Description

"Sinha not only has taken on this vast subject, but has greatly expanded its definition, both temporally and spatially. . . . She covers these difficult issues with remarkable skill and clarity." —S. C. Gwynne, New York Times Book Review We are told that the present moment bears a strong resemblance to Reconstruction, the era after the Civil War when the victorious North attempted to create an interracial democracy in the unrepentant South. That effort failed—and that failure serves as a warning today about violent backlash to the mere idea of black equality. In The Rise and Fall of the Second American Republic, acclaimed historian Manisha Sinha expands our view beyond the accepted temporal and spatial bounds of Reconstruction, which is customarily said to have begun in 1865 with the end of the war, and to have come to a close when the "corrupt bargain" of 1877 put Rutherford B. Hayes in the White House in exchange for the fall of the last southern Reconstruction state governments. Sinha’s startlingly original account opens in 1860 with the election of Abraham Lincoln that triggered the secession of the Deep South states, and take us all the way to 1920 and the ratification of the Nineteenth Amendment, which granted women the right to vote—and which Sinha calls the "last Reconstruction amendment." Within this grand frame, Sinha narrates the rise and fall of what she calls the "Second American Republic." The Reconstruction of the South, a process driven by the alliance between the formerly enslaved at the grassroots and Radical Republicans in Congress, is central to her story, but only part of it. As she demonstrates, the US Army’s conquest of Indigenous nations in the West, labor conflict in the North, Chinese exclusion, women’s suffrage, and the establishment of an overseas American empire were all part of the same struggle between the forces of democracy and those of reaction. The main concern of Reconstruction was the plight of the formerly enslaved, but its fall affected other groups as well: women, workers, immigrants, and Native Americans. From the election of black legislators across the South in the late 1860s to the Great Railroad Strike of 1877 to the colonial war in the Philippines in the 1890s, Sinha narrates the major episodes of the era and introduces us to key individuals, famous and otherwise, who helped remake American democracy, or whose actions spelled its doom. A sweeping narrative that remakes our understanding of perhaps the most consequential period in American history, The Rise and Fall of the Second American Republic shows how the great contest of that age is also the great contest of our age—and serves as a necessary reminder of how young and fragile our democracy truly is.




Secession on Trial


Book Description

This book explores the treason trial of President Jefferson Davis, where the question of secession's constitutionality was debated.




Cato Handbook for Policymakers


Book Description

Offers policy recommendations from Cato Institute experts on every major policy issue. Providing both in-depth analysis and concrete recommendations, the Handbook is an invaluable resource for policymakers and anyone else interested in securing liberty through limited government.




Crisis of the Two Constitutions


Book Description

American politics grows embittered because it is increasingly torn between two rival constitutions, two opposed cultures, two contrary ways of life. American conservatives rally around the founders’ Constitution, as amended and as grounded in the natural and divine rights and duties of the Declaration of Independence. American liberals herald their “living Constitution,” a term that implies that the original is dead or superseded, and that the fundamental political imperative is constant change or transformation (as President Obama called it) toward a more and more perfect social democracy ruled by a Woke elite. Crisis of the Two Constitutions details how we got to and what is at stake in our increasingly divided America. It takes controversial stands on matters political and scholarly, describing the political genius of America’s founders and their efforts to shape future generations through a constitutional culture that included immigration, citizenship, and educational policies. Then it turns to the attempted progressive refounding of America, tracing its accelerating radicalism from the New Deal to the 1960s’ New Left to today’s unhappy campus nihilists. Finally, the volume appraises American conservatives’ efforts, so far unavailing despite many famous victories, to revive the founders’ Constitution and moral common sense. From Ronald Reagan to Donald Trump, what have conservatives learned and where should they go from here? Along the way, Charles R. Kesler argues with critics on the left and right, and refutes fashionable doctrines including relativism, multiculturalism, critical race theory, and radical traditionalism, providing in effect a one-volume guide to the increasingly influential Claremont school of conservative thought by one of its most engaged, and engaging, thinkers.




Constitutionalism in the Approach and Aftermath of the Civil War


Book Description

The irreducibly constitutional nature of the Civil War's prelude and legacy is the focus of this absorbing collection of nine essays by a diversity of political theorists and historians. The contributors examine key constitutional developments leading up to the war, the crucial role of Abraham Lincoln's statesmanship, and how the constitutional aspects of the war and Reconstruction endured in the late nineteenth and early twentieth centuries. This thoughtful, informative volume covers a wide range of topics: from George Washington's conception of the Union and his fears for its future to Martin Van Buren's state-centered, anti-secessionist federalism; from Lincoln's approach to citizenship for African Americans to Woodrow Wilson's attempt to appropriate Lincoln for the goals of Progressivism. Each essay zeroes in on the constitutional causes or consequences of the war and emphasizes how constitutional principles shape political activity. Accordingly, important figures, disputes, and judicial decisions are placed within the broader context of the constitutional system to explain how ideas and institutions, independently and in dialogue with the courts, have oriented political action and shaped events over time.




The Constitution of Liberty


Book Description

Originally published in 1960, The Constitution of Liberty delineates and defends the principles of a free society and traces the origin, rise, and decline of the rule of law. Casting a skeptical eye on the growth of the welfare state, Hayek examines the challenges to freedom posed by an ever expanding government as well as its corrosive effect on the creation, preservation, and utilization of knowledge. In distinction to those who confidently call for the state to play a greater role in society, Hayek puts forward a nuanced argument for prudence. Guided by this quality, he elegantly demonstrates that a free market system in a democratic polity—under the rule of law and with strong constitutional protections of individual rights—represents the best chance for the continuing existence of liberty. Striking a balance between skepticism and hope, Hayek’s profound insights remain strikingly vital half a century on. This definitive edition of The Constitution of Liberty will give a new generation the opportunity to learn from Hayek’s enduring wisdom.




The Broken Heart of America


Book Description

A searing portrait of the racial dynamics that lie inescapably at the heart of our nation, told through the turbulent history of the city of St. Louis. From Lewis and Clark's 1804 expedition to the 2014 uprising in Ferguson, American history has been made in St. Louis. And as Walter Johnson shows in this searing book, the city exemplifies how imperialism, racism, and capitalism have persistently entwined to corrupt the nation's past. St. Louis was a staging post for Indian removal and imperial expansion, and its wealth grew on the backs of its poor black residents, from slavery through redlining and urban renewal. But it was once also America's most radical city, home to anti-capitalist immigrants, the Civil War's first general emancipation, and the nation's first general strike—a legacy of resistance that endures. A blistering history of a city's rise and decline, The Broken Heart of America will forever change how we think about the United States.