How Progressives Rewrote the Constitution


Book Description

How Progressives Rewrote the Constitution explores the fundamental shift in political and economic thought of the Progressive Era and how the Supreme Court was used to transform the Constitution into one that reflected the ideas of their own time, while undermining America’s founding principles. Epstein examines key decisions to demonstrate how Progressives attacked much of the legal precedent and eventually weakened the Court’s thinking concerning limited federal powers and the protection of individual rights. Progressives on the Court undermined basic economic principles of freedom and competition, paving the way for the modern redistributive and regulatory state. This book shows that our modern “constitutional law,” fashioned largely by the New Deal Court in the late 1930s, has its roots in Progressivism, not in our country's founding principles, and how so many of those ideas, however discredited by more recent economic thought, still shape the Court's decisions.




We the People


Book Description

"This work will become the defining text on progressive constitutionalism — a parallel to Thomas Picketty’s contribution but for all who care deeply about constitutional law. Beautifully written and powerfully argued, this is a masterpiece." --Lawrence Lessig, Harvard Law School, and author of Free Culture Worried about what a super conservative majority on the Supreme Court means for the future of civil liberties? From gun control to reproductive health, a conservative court will reshape the lives of all Americans for decades to come. The time to develop and defend a progressive vision of the U.S. Constitution that protects the rights of all people is now. University of California Berkeley Dean and respected legal scholar Erwin Chemerinsky expertly exposes how conservatives are using the Constitution to advance their own agenda that favors business over consumers and employees, and government power over individual rights. But exposure is not enough. Progressives have spent too much of the last forty-five years trying to preserve the legacy of the Warren Court’s most important rulings and reacting to the Republican-dominated Supreme Courts by criticizing their erosion of rights—but have not yet developed a progressive vision for the Constitution itself. Yet, if we just look to the promise of the Preamble—liberty and justice for all—and take seriously its vision, a progressive reading of the Constitution can lead us forward as we continue our fight ensuring democratic rule, effective government, justice, liberty, and equality. Includes the Complete Constitution and Amendments of the United States of America




Prohibition, the Constitution, and States' Rights


Book Description

Colorado’s legalization of marijuana spurred intense debate about the extent to which the Constitution preempts state-enacted laws and statutes. Colorado’s legal cannabis program generated a strange scenario in which many politicians, including many who freely invoke the Tenth Amendment, seemed to be attacking the progressive state for asserting states’ rights. Unusual as this may seem, this has happened before—in the early part of the twentieth century, as America concluded a decades-long struggle over the suppression of alcohol during Prohibition. Sean Beienburg recovers a largely forgotten constitutional debate, revealing how Prohibition became a battlefield on which skirmishes of American political development, including the debate over federalism and states’ rights, were fought. Beienburg focuses on the massive extension of federal authority involved in Prohibition and the passage of the Eighteenth Amendment, describing the roles and reactions of not just Congress, the presidents, and the Supreme Court but political actors throughout the states, who jockeyed with one another to claim fidelity to the Tenth Amendment while reviling nationalism and nullification alike. The most comprehensive treatment of the constitutional debate over Prohibition to date, the book concludes with a discussion of the parallels and differences between Prohibition in the 1920s and debates about the legalization of marijuana today.




Louis D. Brandeis


Book Description

According to Jeffrey Rosen, Louis D. Brandeis was “the Jewish Jefferson,” the greatest critic of what he called “the curse of bigness,” in business and government, since the author of the Declaration of Independence. Published to commemorate the hundredth anniversary of his Supreme Court confirmation on June 1, 1916, Louis D. Brandeis: American Prophet argues that Brandeis was the most farseeing constitutional philosopher of the twentieth century. In addition to writing the most famous article on the right to privacy, he also wrote the most important Supreme Court opinions about free speech, freedom from government surveillance, and freedom of thought and opinion. And as the leader of the American Zionist movement, he convinced Woodrow Wilson and the British government to recognize a Jewish homeland in Palestine. Combining narrative biography with a passionate argument for why Brandeis matters today, Rosen explores what Brandeis, the Jeffersonian prophet, can teach us about historic and contemporary questions involving the Constitution, monopoly, corporate and federal power, technology, privacy, free speech, and Zionism.




Progressive States' Rights


Book Description

Today, when politicians, pundits, and scholars speak of states’ rights, they are usually referring to Southern efforts to curtail the advance of civil rights policies or to conservative opposition to the federal government under the New Deal, Great Society, and Warren Court. Sean Beienburg shows that this was not always the case, and that there was once a time when federalism—the form of government that divides powers between the state and federal governments—was associated with progressive, rather than conservative, politics. In Progressive States’ Rights, Sean Beienburg tells an alternative story of federalism by exploring states’ efforts in the years before the New Deal of shaping constitutional discourse to ensure that a protective welfare and regulatory governmental regime would be built in the states rather than the national government. These state-level actors not only aggressively participated in constitutional politics and interpretation but also specifically sought to create an alternative model of state-building that would pair a robust state power on behalf of the public good with a traditionally limited national government. Current politics generally collapse policy and constitutional views (where a progressive view on one policy also assumes a progressive view on the other), but Beienburg shows that this was not always true, and indeed many of those most devoted to progressive policy views were deeply committed to a conservative constitutionalism.




The First Civil Right


Book Description

In The First Civil Right is a groundbreaking analysis of root of the conflicts that lie at the intersection of race and the legal system in America. Naomi Murakawa inverts the conventional wisdom by arguing that the expansion of the federal carceral state-a system that disproportionately imprisons blacks and Latinos-was, in fact, rooted in the civil-rights liberalism of the 1940s and early 1960s, not in the period after.




The Progressives' Century


Book Description

Chapter 20. How the Progressives Became the Tea Party's Mortal Enemy: Networks, Movements, and the Political Currency of Ideas -- Chapter 21. What Is to Be Done? A New Progressivism for a New Century -- List of Contributors -- Index -- A -- B -- C -- D -- E -- F -- G -- H -- I -- J -- K -- L -- M -- N -- O -- P -- R -- S -- T -- U -- V -- W -- Y -- Z




Why America Needs a Left


Book Description

The United States today cries out for a robust, self-respecting, intellectually sophisticated left, yet the very idea of a left appears to have been discredited. In this brilliant new book, Eli Zaretsky rethinks the idea by examining three key moments in American history: the Civil War, the New Deal and the range of New Left movements in the 1960s and after including the civil rights movement, the women's movement and gay liberation.In each period, he argues, the active involvement of the left - especially its critical interaction with mainstream liberalism - proved indispensable. American liberalism, as represented by the Democratic Party, is necessarily spineless and ineffective without a left. Correspondingly, without a strong liberal center, the left becomes sectarian, authoritarian, and worse. Written in an accessible way for the general reader and the undergraduate student, this book provides a fresh perspective on American politics and political history. It has often been said that the idea of a left originated in the French Revolution and is distinctively European; Zaretsky argues, by contrast, that America has always had a vibrant and powerful left. And he shows that in those critical moments when the country returns to itself, it is on its left/liberal bases that it comes to feel most at home.




American Political Thought


Book Description

American Political Thought: Readings and Materials presents a diverse collection of writings, speeches, judicial opinions, and other political documents, offering an introduction to the controversies and disputes that have mobilized Americans since the first settlements in North America. Ranging from the Colonial era to the present day-and featuring both traditional readings and lesser-known documents-this reader takes a historical approach that helps students see how political, economic, and social conditions led to the development of specific political ideas. Each chapter includes a substantial introduction and each reading is enriched by headnotes and discussion questions. Visit the Companion Website at http: //global.oup.com/us/companion.websites/9780199338863/ for additional readings and materials.




Divided We Fall


Book Description

David French warns of the potential dangers to the country—and the world—if we don’t summon the courage to reconcile our political differences. Two decades into the 21st Century, the U.S. is less united than at any time in our history since the Civil War. We are more diverse in our beliefs and culture than ever before. But red and blue states, secular and religious groups, liberal and conservative idealists, and Republican and Democratic representatives all have one thing in common: each believes their distinct cultures and liberties are being threatened by an escalating violent opposition. This polarized tribalism, espoused by the loudest, angriest fringe extremists on both the left and the right, dismisses dialogue as appeasement; if left unchecked, it could very well lead to secession. An engaging mix of cutting edge research and fair-minded analysis, Divided We Fall is an unblinking look at the true dimensions and dangers of this widening ideological gap, and what could happen if we don't take steps toward bridging it. French reveals chilling, plausible scenarios of how the United States could fracture into regions that will not only weaken the country but destabilize the world. But our future is not written in stone. By implementing James Madison’s vision of pluralism—that all people have the right to form communities representing their personal values—we can prevent oppressive factions from seizing absolute power and instead maintain everyone’s beliefs and identities across all fifty states. Reestablishing national unity will require the bravery to commit ourselves to embracing qualities of kindness, decency, and grace towards those we disagree with ideologically. French calls on all of us to demonstrate true tolerance so we can heal the American divide. If we want to remain united, we must learn to stand together again.