Democracy and Distrust


Book Description

This powerfully argued appraisal of judicial review may change the face of American law. Written for layman and scholar alike, the book addresses one of the most important issues facing Americans today: within what guidelines shall the Supreme Court apply the strictures of the Constitution to the complexities of modern life? Until now legal experts have proposed two basic approaches to the Constitution. The first, “interpretivism,” maintains that we should stick as closely as possible to what is explicit in the document itself. The second, predominant in recent academic theorizing, argues that the courts should be guided by what they see as the fundamental values of American society. John Hart Ely demonstrates that both of these approaches are inherently incomplete and inadequate. Democracy and Distrust sets forth a new and persuasive basis for determining the role of the Supreme Court today. Ely’s proposal is centered on the view that the Court should devote itself to assuring majority governance while protecting minority rights. “The Constitution,” he writes, “has proceeded from the sensible assumption that an effective majority will not unreasonably threaten its own rights, and has sought to assure that such a majority not systematically treat others less well than it treats itself. It has done so by structuring decision processes at all levels in an attempt to ensure, first, that everyone’s interests will be represented when decisions are made, and second, that the application of those decisions will not be manipulated so as to reintroduce in practice the sort of discrimination that is impermissible in theory.” Thus, Ely’s emphasis is on the procedural side of due process, on the preservation of governmental structure rather than on the recognition of elusive social values. At the same time, his approach is free of interpretivism’s rigidity because it is fully responsive to the changing wishes of a popular majority. Consequently, his book will have a profound impact on legal opinion at all levels—from experts in constitutional law, to lawyers with general practices, to concerned citizens watching the bewildering changes in American law.




America's Counter-Revolution


Book Description

This book challenges the assumption that the Constitution was a landmark in the struggle for liberty. Instead, Sheldon Richman argues, it was the product of a counter-revolution, a setback for the radicalism represented by America's break with the British empire. Drawing on careful, credible historical scholarship and contemporary political analysis, Richman suggests that this counter-revolution was the work of conservatives who sought a nation of "power, consequence, and grandeur." America's Counter-Revolution makes a persuasive case that the Constitution was a victory not for liberty but for the agendas and interests of a militaristic, aristocratic, privilege-seeking ruling class. The Anti-Federalists were right: The pursuit of "national greatness" inevitably diminishes liberty and centralizes government. The U.S. Constitution did both, as Sheldon Richman demonstrates in this powerfully argued anarchist case against the blueprint for empire known as the U.S. Constitution. --Bill Kauffman, author, Forgotten Founder, Drunken Prophet: The Life of Luther Martin The libertarian movement has long suffered from a constitutional fetishism that embraces an ahistorical reverence for the U.S. Constitution. Far too many are unaware of the extent to which the framing and adoption of the Constitution was in fact a setback for the cause of liberty. Sheldon Richman, in a compilation of readable, well researched, and compelling essays, exposes the historical, theoretical, and strategic errors in the widespread reification of a purely political document. With no single correct interpretation, the Constitution has been predictably unable to halt the growth of the modern welfare-warfare American State. I urge all proponents of a free society to give his book their diligent attention. --Jeffrey Rogers Hummel, Professor, San Jose State University; author, Emancipating Slaves, Enslaving Free Men: A History of the American Civil War "No state or government can limit itself through a written constitution, no matter how fine the words or how noble the sentiments they express. It is one of the many virtues of Sheldon Richman's book that it shows how this is true even of the American Constitution, which despite the promises of its designers and the insistence of its defenders down the years, made limited government less and not more likely." --Chandran Kukathas, London School of Economics "Richman delivers an accessible, incisive, and well-grounded argument that the Constitution centralized power and undid some of the Revolution's liberating gains. He rebuts patriotic platitudes but avoids the crude contrarianism so common in libertarian revisionism written for popular consumption. He does not romanticize America's past or overstate his case. Radical and nuanced, deferential to freedom and historical truth, Richman rises above hagiography or demonization of either the Federalists or anti-Federalists to produce an unsurpassed libertarian exploration of the subject." - Anthony Gregory, Independent Institute "[A]fter reading this book, you will never think about the U.S. Constitution and America's founding the same way again. Sheldon Richman's revealing and remarkably well-argued narrative will permanently change your outlook. . . . Richman . . . [is] one of this country's most treasured thinkers and writers . . . . [H]e draws on the most contemporary and important scholarly research, while putting the evidence in prose that is accessible and compelling." - Jeffrey A. Tucker, Liberty.me and Foundation for Economic Education







Order from Transfer


Book Description

ÔA fascinating collection of essays commenting on and developing FrankenbergÕs IKEA theory of legal transfer. With valuable theoretical analyses, comparative studies, attention to gender issues, post-colonial contexts, imposed law and legal history, this book is essential reading for anyone thinking about the circulation of legal models especially, but not only, in the area of constitutional law.Õ Ð David Nelken, University of Cardiff, UK ÔFrankenbergÕs work gives a new insight of what comparative law can be in the context of globalization, representing an outstanding achievement. His theory of ÒtransferÓ supersedes the metaphors of mainstream scholarship, displaying that constitutions are not mere ÒcommoditiesÓ or items to be assembled. The real matter is rather, which ÒmeaningsÓ are generated through transfer. In this way, beyond any usual flat version, we may perceive that any Òconstitutional relocationÓ exhibits a reappraisal of the whole world we live in.Õ Ð Pier Giueseppe Monateri, University of Turin, Italy Constitutional orders and legal regimes are established and changed through the importing and exporting of ideas and ideologies, norms, institutions and arguments. The contributions in this book discuss this assumption and address theoretical questions, methodological problems and political projects connected with the transfer of constitutions and law. Some of the chapters focus on the pathways, risks and side-effects of legal-constitutional transfers in specific situations, such as postcolonial societies and occupied territories. Others follow law beyond the official arenas into systems of legal pluralism, while others analyze how experimentalism generates hybrid constitutional orders. This interdisciplinary, multi-jurisdictional study will appeal to researchers, academics and advanced students in the fields of comparative constitutional law, comparative law and legal theory.




Recapturing the Constitution


Book Description

Presser makes a compelling case that the original understanding of the Constitution was that religion, morality, and law were inextricably connected.--Forrest McDonald




The American Voter Revisited


Book Description

Today we are politically polarized as never before. The presidential elections of 2000 and 2004 will be remembered as two of the most contentious political events in American history. Yet despite the recent election upheaval, The American Voter Revisited discovers that voter behavior has been remarkably consistent over the last half century. And if the authors are correct in their predictions, 2008 will show just how reliably the American voter weighs in, election after election. The American Voter Revisited re-creates the outstanding 1960 classic The American Voter---which was based on the presidential elections of 1952 and 1956---following the same format, theory, and mode of analysis as the original. In this new volume, the authors test the ideas and methods of the original against presidential election surveys from 2000 and 2004. Surprisingly, the contemporary American voter is found to behave politically much like voters of the 1950s. "Simply essential. For generations, serious students of American politics have kept The American Voter right on their desk. Now, everyone will keep The American Voter Revisited right next to it." ---Larry J. Sabato, Director of the University of Virginia Center for Politics and author of A More Perfect Constitution "The American Voter Revisited is destined to be the definitive volume on American electoral behavior for decades. It is a timely book for 2008, with in-depth analyses of the 2000 and 2004 elections updating and extending the findings of the original The American Voter. It is also quite accessible, making it ideal for graduate students as well as advanced undergrads." ---Andrew E. Smith, Director of the University of New Hampshire Survey Center "A theoretically faithful, empirically innovative, comprehensive update of the original classic." ---Sam Popkin, Professor of Political Science, University of California, San Diego Michael S. Lewis-Beck is F. Wendell Miller Distinguished Professor of Political Science at the University of Iowa. William G. Jacoby is Professor of Political Science at Michigan State University. Helmut Norpoth is Professor of Political Science at Stony Brook University. Herbert F. Weisberg is Professor of Political Science at Ohio State University.




Due Process of Lawmaking


Book Description

With nuanced perspective and detailed case studies, Due Process of Lawmaking explores the law of lawmaking in the United States, South Africa, Germany, and the European Union. This comparative work deals broadly with public policymaking in the legislative and executive branches. It frames the inquiry through three principles of legitimacy: democracy, rights, and competence. Drawing on the insights of positive political economy, the authors explicate the ways in which courts uphold these principles in the different systems. Judicial review in the American presidential system suggests lessons for the parliamentary systems in Germany and South Africa, while the experience of parliamentary government yields potential insights into the reform of the American law of lawmaking. Taken together, the national experiences shed light on the special case of the EU. In dialogue with each other, the case studies demonstrate the interplay between constitutional principles and political imperatives under a range of different conditions.




James Madison


Book Description

A major new biography of the fourth president of the United States by New York Times bestselling author Lynne Cheney Lin-Manuel Miranda's play "Hamilton" has reignited interest in the founding fathers; it features James Madison among its vibrant cast of characters. This majestic new biography of James Madison explores the astonishing story of a man of vaunted modesty who audaciously changed the world. Among the Founding Fathers, Madison was a true genius of the early republic. Outwardly reserved, Madison was the intellectual driving force behind the Constitution and crucial to its ratification. His visionary political philosophy and rationale for the union of states—so eloquently presented in The Federalist papers—helped shape the country Americans live in today. Along with Thomas Jefferson, Madison would found the first political party in the country’s history—the Democratic Republicans. As Jefferson’s secretary of state, he managed the Louisiana Purchase, doubling the size of the United States. As president, Madison led the country in its first war under the Constitution, the War of 1812. Without precedent to guide him, he would demonstrate that a republic could defend its honor and independence—and remain a republic still.




The English Constitution


Book Description

A classic study of the British constitution, paying special attention to how Parliament and the monarchy work. The author frequently draws comparisons with the American Constitution, being generally critical of the American system of government.




The Sleeping Sovereign


Book Description

Richard Tuck traces the history of the distinction between sovereignty and government and its relevance to the development of democratic thought. Tuck shows that this was a central issue in the political debates of the seventeenth and eighteenth centuries, and provides a new interpretation of the political thought of Bodin, Hobbes and Rousseau. Integrating legal theory and the history of political thought, he also provides one of the first modern histories of the constitutional referendum, and shows the importance of the United States in the history of the referendum. The book derives from the John Robert Seeley Lectures delivered by Richard Tuck at the University of Cambridge in 2012, and will appeal to students and scholars of the history of ideas, political theory and political philosophy.