Why the Constitution Matters

Why the Constitution Matters
Author: Mark Tushnet
Publisher: Yale University Press
Total Pages: 144
Release: 2010-01-01
Genre: Law
ISBN: 0300165358

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A major legal scholar presents an empowering reassessment of our nation’s most essential document In this surprising and highly unconventional work, Harvard law professor Mark Tushnet poses a seemingly simple question that yields a thoroughly unexpected answer. The Constitution matters, he argues, not because it structures our government but because it structures our politics. He maintains that politicians and political parties—not Supreme Court decisions—are the true engines of constitutional change in our system. This message will empower all citizens who use direct political action to define and protect our rights and liberties as Americans. Unlike legal scholars who consider the Constitution only as a blueprint for American democracy, Tushnet focuses on the ways it serves as a framework for political debate. Each branch of government draws substantive inspiration and procedural structure from the Constitution but can effect change only when there is the political will to carry it out. Tushnet’s political understanding of the Constitution therefore does not demand that citizens pore over the specifics of each Supreme Court decision in order to improve our nation. Instead, by providing key facts about Congress, the president, and the nature of the current constitutional regime, his book reveals not only why the Constitution matters to each of us but also, and perhaps more important, how it matters.

Why the Constitution Matters

Why the Constitution Matters
Author: Mark V. Tushnet
Publisher:
Total Pages: 187
Release: 2010
Genre: History
ISBN: 9780300150360

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In this surprising and highly unconventional work, Harvard law professor Mark Tushnet poses a seemingly simple question that yields a thoroughly unexpected answer. The Constitution matters, he argues, not because it structures our government but because it structures our politics. He maintains that politicians and political parties—not Supreme Court decisions—are the true engines of constitutional change in our system. This message will empower all citizens who use direct political action to define and protect our rights and liberties as Americans. Unlike legal scholars who consider the Constitution only as a blueprint for American democracy, Tushnet focuses on the ways it serves as a framework for political debate. Each branch of government draws substantive inspiration and procedural structure from the Constitution but can effect change only when there is the political will to carry it out. Tushnet’s political understanding of the Constitution therefore does not demand that citizens pore over the specifics of each Supreme Court decision in order to improve our nation. Instead, by providing key facts about Congress, the president, and the nature of the current constitutional regime, his book reveals not only why the Constitution matters to each of us but also, and perhaps more important, how it matters.

Why Constitutions Matter

Why Constitutions Matter
Author: Niclas Berggren
Publisher: Transaction Publishers
Total Pages: 314
Release:
Genre: Law
ISBN: 9781412841504

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As countries in the twentieth and twenty-first centuries change from colonialist to independent rule, or from a socialist to a democratic society, the need for a written constitution becomes apparent. Countries in the former Soviet Union, Africa, or nations once part of the British Empire face social, economic, and humanitarian problems as they experiment with democratic rule. Such issues as clearly defining where sovereignty lies, how much power is given to the people, and what rights are possessed by a nation's citizenry are new to these countries. While a constitution, being a man-made document, is subject to interpretation and does not always delineate in a lucid framework its parameters for future generations, it is clear that constitutions do matter. This volume, compiled under the direction of the City University of Stockholm, is an important study on the significance of constitutions and constitutional law in a democratic society. A number of scholars in law, political science, and economics have contributed to this volume. They include: James Buchanan, Aleksander Peczenik, Mats Lundstrom, Joakim Nergelius, Sverker Hard, Niclas Berggren, Peter Kurrild-Klitgaard, Wolfgang Kasper, and Erik Moberg. All add to the understanding of the intertwining roles of politics and the social sciences in a modern democratic state. They explore why a constitution is essential; the relationship between a constitution and a rational political system; the democratic principle of majority rule; why constitutional constraints are needed in a democratic state; recent constitutional reforms in the United Kingdom; the electoral system and its centrality in a democracy; evolution in constitutional change; competition within a federal structure; and the connection between politics and economics. Why Constitutions Matter is a fascinating and timely study of constitutionalism, and will be of interest to students of politics, law, economics, and sociology.

How to Read the Constitution—and Why

How to Read the Constitution—and Why
Author: Kim Wehle
Publisher: HarperCollins
Total Pages: 449
Release: 2019-06-25
Genre: Political Science
ISBN: 0062896318

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"A must-read for this era.”—Jake Tapper, CNN Anchor and Chief Washington Correspondent An insightful, urgent, and perennially relevant handbook that lays out in common sense language how the United States Constitution works, and how its protections are eroding before our eyes—essential reading for anyone who wants to understand and parse the constantly breaking news about the backbone of American government. The Constitution is the most significant document in America. But do you fully understand what this valuable document means to you? In How to Read the Constitution--and Why, legal expert and educator Kimberly Wehle spells out in clear, simple, and common sense terms what is in the Constitution, and most importantly, what it means. In compelling terms and including text from the United States Constitution, she describes how the Constitution’s protections are eroding—not only in express terms but by virtue of the many legal and social norms that no longer shore up its legitimacy—and why every American needs to heed to this “red flag” moment in our democracy. This invaluable—and timely—resource includes the Constitution in its entirety and covers nearly every significant aspect of the text, from the powers of the President and how the three branches of government are designed to hold each other accountable, to what it means to have individual rights—including free speech, the right to bear arms, the right to be free from unreasonable searches and seizures, and the right to an abortion. Finally, the book explains why it has never been more important than now for all Americans to know how our Constitution works—and why, if we don’t step in to protect it now, we could lose its protections forever. How to Read the Constitution--and Why is essential reading for anyone who cares about maintaining an accountable government and the individual freedoms that the Constitution enshrines for everyone in America—regardless of political party.

Taking Back the Constitution

Taking Back the Constitution
Author: Mark Tushnet
Publisher: Yale University Press
Total Pages: 320
Release: 2020-07-14
Genre: Law
ISBN: 0300252900

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How the Supreme Court’s move to the right has distorted both logic and the Constitution What Supreme Court justices do is far more than just “calling balls and strikes.” The Court has never simply evaluated laws and arguments in light of permanent and immutable constitutional meanings. Social, moral, and yes, political ideas have always played into the justices’ impressions of how they think a case should be decided. Mark Tushnet traces the ways constitutional thought has evolved, from the liberalism of the New Deal and the Great Society to the Reagan conservatism that has been dominant since the 1980s. Looking at the current crossroads in the constitutional order, Tushnet explores the possibilities of either a Trumpian entrenchment of the most extreme ideas of the Reagan philosophy, or a dramatic and destabilizing move to the left. Wary of either outcome, he offers a passionate and informed argument for replacing judicial supremacy with popular constitutionalism—a move that would restore to the other branches of government a role in deciding constitutional questions.

The Naked Constitution

The Naked Constitution
Author: Adam Freedman
Publisher: Harper Collins
Total Pages: 288
Release: 2012-10-09
Genre: Political Science
ISBN: 0062094653

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In the spirit of Glenn Beck’s Original Argument comes a lively manifesto on the need to recover the original meaning of the Constitution. From law school classrooms to the halls of Congress, America’s elites have come to regard the Constitution as a mere decorative parchment to be kept under glass at the National Archives. In The Naked Constitution, conservative legal scholar Adam Freedman defends the controversial doctrine of originalism as the only way to restore the Founding Fathers’ vision of American liberty. Freedman argues that the fashionable “Living Constitution” theory has been used by judges and politicians since the Progressive Era of the early 1900s to centralize power in Washington and to threaten individual freedom. The Naked Constitution explains the fundamental themes animating America’s founding charter: limited government, federalism, separation of powers, and individual liberty. Freedman explores the nature of each of the three branches of government as well as the key individual rights enshrined in the Constitution to show how original meaning can help answer the most pressing questions facing America today: Can the president invade another country without the approval of Congress? Can he assassinate or spy on American citizens in the name of fighting terror? Do corporations have the same “free speech” rights as individuals? Can the federal government coerce states to adopt particular policies, or force individuals to buy insurance? Ultimately, Freedman calls for a new constitutional convention that will free the nation from capricious courts and idiosyncratic judges, and limit the growth of government for decades to come.

How Constitutional Rights Matter

How Constitutional Rights Matter
Author: Adam Chilton
Publisher: Oxford University Press, USA
Total Pages: 397
Release: 2020
Genre: Law
ISBN: 0190871458

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Does constitutionalizing rights improve respect for those rights in practice? Drawing on statistical analyses, survey experiments, and case studies from around the world, this book argues that enforcing constitutional rights is not easy, but that some rights are harder to repress than others. First, enshrining rights in constitutions does not automatically ensure that those rights will be respected. For rights to matter, rights violations need to be politically costly. But this is difficult to accomplish for unconnected groups of citizens. Second, some rights are easier to enforce than others, especially those with natural constituencies that can mobilize for their enforcement. This is the case for rights that are practiced by and within organizations, such as the rights to religious freedom, to unionize, and to form political parties. Because religious groups, trade unions and parties are highly organized, they are well-equipped to use the constitution to resist rights violations. As a result, these rights are systematically associated with better practices. By contrast, rights that are practiced on an individual basis, such as free speech or the prohibition of torture, often lack natural constituencies to enforce them, which makes it easier for governments to violate these rights. Third, even highly organized groups armed with the constitution may not be able to stop governments dedicated to rights-repression. When constitutional rights are enforced by dedicated organizations, they are thus best understood as speed bumps that slow down attempts at repression. An important contribution to comparative constitutional law, this book provides a comprehensive picture of the spread of constitutional rights, and their enforcement, around the world.

This is Our Constitution

This is Our Constitution
Author: Khizr Khan
Publisher: Knopf Books for Young Readers
Total Pages: 226
Release: 2017
Genre: Juvenile Nonfiction
ISBN: 1524770914

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The author traces his family's experiences immigrating to the U.S. to introduce the Constitution and the Bill of Rights, explaining how it represents America's democratic values and discussing the importance of the documents' history.

Fault Lines in the Constitution: The Graphic Novel

Fault Lines in the Constitution: The Graphic Novel
Author: Cynthia Levinson
Publisher: First Second
Total Pages: 288
Release: 2020-09-22
Genre: Comics & Graphic Novels
ISBN: 1250806127

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The latest volume in our World Citizen Comics graphic novel series, Fault Lines in the Constitution teaches readers how this founding document continues to shape modern American society. In 1787, after 116 days of heated debates and bitter arguments, the United States Constitution was created. This imperfect document set forth America’s guiding principles, but it would also introduce some of today's most contentious political issues—from gerrymandering, to the Electoral College, to presidential impeachment. With colorful art, compelling discourse, and true stories from America's past and present, Fault Lines in the Constitution: The Graphic Novel sheds light on how today's political struggles have their origins in the decisions of our Founding Fathers. Children’s book author Cynthia Levinson, constitutional law scholar Sanford Levinson, and artist Ally Shwed deftly illustrate how contemporary problems arose from this founding document—and then they offer possible solutions.

Long Wars and the Constitution

Long Wars and the Constitution
Author: Stephen M. Griffin
Publisher: Harvard University Press
Total Pages: 375
Release: 2013-06-01
Genre: Political Science
ISBN: 0674074459

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Extension of presidential leadership in foreign affairs to war powers has destabilized our constitutional order and deranged our foreign policy. Stephen M. Griffin shows unexpected connections between the imperial presidency and constitutional crises, and argues for accountability by restoring Congress to a meaningful role in decisions for war.