Contending for the Constitution

Contending for the Constitution PDF

Author: Mark A. Beliles

Publisher: Providence Foundation

Published: 2005

Total Pages: 8

ISBN-13: 1887456198

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Contending for the Constitution is a companion volume to the popular work Defending the Declaration. As author Gary Amos did concerning the Declaration, Mark Beliles and Doug Anderson present their case that the Constitution is based on biblical principles and Christian influence. Using primary source evidence, the authors give an easy-reading history of the Constitutional Convention and the Founder's emphasis on religion being necessary for its success. They show how the spirit of the Constitution has greatly diminished today and issue a call for its defense. -- from the publisher.

Perfecting the Constitution

Perfecting the Constitution PDF

Author: Darren Patrick Guerra

Publisher: Lexington Books

Published: 2013-06-10

Total Pages: 253

ISBN-13: 0739183869

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He who can change the Constitution controls the Constitution. So who does control the Constitution? The answer has always been: “the people.” The people control the Constitution via the Article V amending process outlined in the Constitution itself. Changes can only be made through Article V and its formal procedures. Article V has always provided a means of perfecting the Constitution in an explicit, democratically authentic, prudent, and deliberative manner. In addition to changing the Constitution Article V also allowed the people to perfect and preserve their Constitution at the same time. In recent years Article V has come under attack by influential legal scholars who criticize it for being too difficult, undemocratic, and too formal. Such scholars advocate for ignoring Article V in favor of elite adaptation of the Constitution or popular amendment through national referendums. In making their case, critics also assume that Article V is an unimportant and expendable part of the Constitutional structure. One notable scholar called the Constitution “imbecilic” because of Article V. This book shows that, to the contrary, Article V is a unique and powerful extension of the American tradition of written constitutionalism. It was a logical extension of American constitutional development and it was a powerful tool used by the Federalists to argue for ratification of the new Constitution. Since then it has served as a means of “perfecting” the US Constitution for over 200 years via a wide range of amendments. Contrary to contemporary critics, the historical evidence shows Article V to be a vital element in the Constitutional architecture, not an expendable or ancillary piece. This book defends Article V against critics by showing that it is neither too difficult, undemocratic, nor too formal. Furthermore, a positive case is made that Article V remains the most clear and powerful way to register the sovereign desires of the American public with regard to alterations of their fundamental law. In the end, Article V is an essential bulwark to maintaining a written Constitution that secures the rights of the people against both elites and themselves.

A More Perfect Constitution

A More Perfect Constitution PDF

Author: Larry Sabato

Publisher: Macmillan

Published: 2008-09-15

Total Pages: 353

ISBN-13: 0802716830

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The political book of the year, from the acclaimed founder and director of the Center for politics at the University of Virginia.

Constitutional Redemption

Constitutional Redemption PDF

Author: J. M. Balkin

Publisher: Harvard University Press

Published: 2011-05-09

Total Pages: 305

ISBN-13: 0674058747

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Political constitutions are compromises with injustice. What makes the U.S. Constitution legitimate is Americans’ faith that the constitutional system can be made “a more perfect union.” Balkin argues that the American constitutional project is based in hope and a narrative of shared redemption, and its destiny is still over the horizon.

Our Republican Constitution

Our Republican Constitution PDF

Author: Randy E. Barnett

Publisher: HarperCollins

Published: 2016-04-19

Total Pages: 320

ISBN-13: 0062412302

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A concise history of the long struggle between two fundamentally opposing constitutional traditions, from one of the nation’s leading constitutional scholars—a manifesto for renewing our constitutional republic. The Constitution of the United States begins with the words: “We the People.” But from the earliest days of the American republic, there have been two competing notions of “the People,” which lead to two very different visions of the Constitution. Those who view “We the People” collectively think popular sovereignty resides in the people as a group, which leads them to favor a “democratic” constitution that allows the “will of the people” to be expressed by majority rule. In contrast, those who think popular sovereignty resides in the people as individuals contend that a “republican” constitution is needed to secure the pre-existing inalienable rights of “We the People,” each and every one, against abuses by the majority. In Our Republican Constitution, renowned legal scholar Randy E. Barnett tells the fascinating story of how this debate arose shortly after the Revolution, leading to the adoption of a new and innovative “republican” constitution; and how the struggle over slavery led to its completion by a newly formed Republican Party. Yet soon thereafter, progressive academics and activists urged the courts to remake our Republican Constitution into a democratic one by ignoring key passes of its text. Eventually, the courts complied. Drawing from his deep knowledge of constitutional law and history, as well as his experience litigating on behalf of medical marijuana and against Obamacare, Barnett explains why “We the People” would greatly benefit from the renewal of our Republican Constitution, and how this can be accomplished in the courts and the political arena.

The Words We Live By

The Words We Live By PDF

Author: Linda R. Monk

Publisher: Hachette Books

Published: 2015-08-11

Total Pages: 288

ISBN-13: 0316381861

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THE WORDS WE LIVE BY takes an entertaining and informative look at America's most important historical document, now with discussions on new rulings on hot button issues such as immigration, gay marriage, gun control, and affirmative action. In THE WORDS WE LIVE BY, Linda Monk probes the idea that the Constitution may seem to offer cut-and-dried answers to questions regarding personal rights, but the interpretations of this hallowed document are nearly infinite. For example, in the debate over gun control, does "the right of the people to bear arms" as stated in the Second Amendment pertain to individual citizens or regulated militias? What do scholars say? Should the Internet be regulated and censored, or does this impinge on the freedom of speech as defined in the First Amendment? These and other issues vary depending on the interpretation of the Constitution. Through entertaining and informative annotations, THE WORDS WE LIVE BY offers a new way of looking at the Constitution. Its pages reflect a critical, respectful and appreciative look at one of history's greatest documents. THE WORDS WE LIVE BY is filled with a rich and engaging historical perspective along with enough surprises and fascinating facts and illustrations to prove that your Constitution is a living--and entertaining--document. Updated now for the first time, THE WORDS WE LIVE BY continues to take an entertaining and informative look at America's most important historical document, now with discussions on new rulings on hot button issues such as immigration, gay marriage, and affirmative action.

Too Young to Run?

Too Young to Run? PDF

Author: John Seery

Publisher: Penn State Press

Published: 2015-09-10

Total Pages: 202

ISBN-13: 0271056800

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Under the Constitution of the United States, those with political ambitions who aspire to serve in the federal government must be at least twenty-five to qualify for membership in the House of Representatives, thirty to run for the Senate, and thirty-five to become president. What is the justification for these age thresholds, and is it time to consider changing them? In this provocative and lively book, John Seery presents the case for a constitutional amendment to lower the age barrier to eighteen, the same age at which citizens become eligible to vote. He divides his argument into three sections. In a historical chapter, he traces the way in which the age qualifications became incorporated in the Constitution in the first place. In a theoretical chapter, he analyzes the normative arguments for office eligibility as a democratic right and liberty. And in a political chapter, he ruminates about the real-world consequences of passing such an amendment and the prospects for its passage. Finally, in a postscript, he argues that younger citizens in particular ought to be exposed to this fundamental issue in civics.

Slavery's Constitution

Slavery's Constitution PDF

Author: David Waldstreicher

Publisher: Macmillan + ORM

Published: 2010-06-15

Total Pages: 205

ISBN-13: 142995907X

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Taking on decades of received wisdom, David Waldstreicher has written the first book to recognize slavery's place at the heart of the U.S. Constitution. Famously, the Constitution never mentions slavery. And yet, of its eighty-four clauses, six were directly concerned with slaves and the interests of their owners. Five other clauses had implications for slavery that were considered and debated by the delegates to the 1787 Constitutional Convention and the citizens of the states during ratification. This "peculiar institution" was not a moral blind spot for America's otherwise enlightened framers, nor was it the expression of a mere economic interest. Slavery was as important to the making of the Constitution as the Constitution was to the survival of slavery. By tracing slavery from before the revolution, through the Constitution's framing, and into the public debate that followed, Waldstreicher rigorously shows that slavery was not only actively discussed behind the closed and locked doors of the Constitutional Convention, but that it was also deftly woven into the Constitution itself. For one thing, slavery was central to the American economy, and since the document set the stage for a national economy, the Constitution could not avoid having implications for slavery. Even more, since the government defined sovereignty over individuals, as well as property in them, discussion of sovereignty led directly to debate over slavery's place in the new republic. Finding meaning in silences that have long been ignored, Slavery's Constitution is a vital and sorely needed contribution to the conversation about the origins, impact, and meaning of our nation's founding document.

Contending Orders

Contending Orders PDF

Author: Geoffrey Swenson

Publisher: Oxford University Press

Published: 2022

Total Pages: 289

ISBN-13: 0197530427

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"examines how the rule of law is understood conceptually and pragmatically-both on its own terms and as part of post-conflict state-building efforts. It examines thinner, more process-orientated understandings of the rule of law as well as thicker, more substantive conceptualizations with additional political, social, and economic components. While both approaches are worthwhile, I argue that a minimalist conception of rule of law offers the most appropriate standard for assessing progress in judicial state-building after conflict"--

The Politically Incorrect Guide to the Constitution

The Politically Incorrect Guide to the Constitution PDF

Author: Kevin Gutzman

Publisher: Simon and Schuster

Published: 2007-06-11

Total Pages: 258

ISBN-13: 1596986182

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The Constitution of the United States created a representative republic marked by federalism and the separation of powers. Yet numerous federal judges--led by the Supreme Court--have used the Constitution as a blank check to substitute their own views on hot-button issues such as abortion, capital punishment, and samesex marriage for perfectly constitutional laws enacted by We the People through our elected representatives. Now, The Politically Incorrect Guide(tm) to the Constitution shows that there is very little relationship between the Constitution as ratified by the thirteen original states more than two centuries ago and the "constitutional law" imposed upon us since then. Instead of the system of state-level decision makers and elected officials the Constitution was intended to create, judges have given us a highly centralized system in which bureaucrats and appointed--not elected--officials make most of the important policies.