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Constitutional Stupidities Constitutional Tragedies

Author: Murphy Institute of Political Economy
Publisher: NYU Press
ISBN: 9780814751312
Size: 37.52 MB
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Over fifty years ago, Will Herberg theorized that future immigrants to the United States would no longer identify themselves through their races or ethnicities, or through the languages and cultures of their home countries. Rather, modern immigrants would base their identities on their religions. The landscape of U.S. immigration has changed dramatically since Herberg first published his theory. Most of today’s immigrants are Asian or Latino, and are thus unable to shed their racial and ethnic identities as rapidly as the Europeans about whom Herberg wrote. And rather than a flexible, labor-based economy hungry for more workers, today’s immigrants find themselves in a post-industrial segmented economy that allows little in the way of class mobility. In this comprehensive anthology contributors draw on ethnography and in-depth interviews to examine the experiences of the new second generation: the children of Asian and Latino immigrants. Covering a diversity of second-generation religious communities including Christians, Hindus, Buddhists, Muslims, and Jews, the contributors highlight the ways in which race, ethnicity, and religion intersect for new Americans. As the new second generation of Latinos and Asian Americans comes of age, they will not only shape American race relations, but also the face of American religion.

Securing Constitutional Democracy

Author: James E. Fleming
Publisher: University of Chicago Press
ISBN: 0226253430
Size: 12.41 MB
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Famously described by Louis Brandeis as "the most comprehensive of rights" and 'the right most valued by civilized men," the right of privacy or autonomy is more embattled during modern times than any other. Debate over its meaning, scope, and constitutional status is so widespread that it all but defines the post-1960s era of constitutional interpretation. Conservative Robert Bork called it "a loose canon in the law," while feminist Catharine MacKinnon attacked it as the “right of men to be left alone to oppress women.” Can a right with such prominent critics from across the political spectrum be grounded in constitutional law? In this book, James Fleming responds to these controversies by arguing that the right to privacy or autonomy should be grounded in a theory of securing constitutional democracy. His framework seeks to secure the basic liberties that are preconditions for deliberative democracy—to allow citizens to deliberate about the institutions and policies of their government—as well as deliberative autonomy—to enable citizens to deliberate about the conduct of their own lives. Together, Fleming shows, these two preconditions can afford everyone the status of free and equal citizenship in our morally pluralistic constitutional democracy.

The Limits Of Constitutional Democracy

Author: Jeffrey K. Tulis
Publisher: Princeton University Press
ISBN: 9781400836796
Size: 10.79 MB
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Constitutional democracy is at once a flourishing idea filled with optimism and promise--and an enterprise fraught with limitations. Uncovering the reasons for this ambivalence, this book looks at the difficulties of constitutional democracy, and reexamines fundamental questions: What is constitutional democracy? When does it succeed or fail? Can constitutional democracies conduct war? Can they preserve their values and institutions while addressing new forms of global interdependence? The authors gathered here interrogate constitutional democracy's meaning in order to illuminate its future. The book examines key themes--the issues of constitutional failure; the problem of emergency power and whether constitutions should be suspended when emergencies arise; the dilemmas faced when constitutions provide and restrict executive power during wartime; and whether constitutions can adapt to such globalization challenges as immigration, religious resurgence, and nuclear arms proliferation. In addition to the editors, the contributors are Sotirios Barber, Joseph Bessette, Mark Brandon, Daniel Deudney, Christopher Eisgruber, James Fleming, William Harris II, Ran Hirschl, Gary Jacobsohn, Benjamin Kleinerman, Jan-Werner Müller, Kim Scheppele, Rogers Smith, Adrian Vermeule, and Mariah Zeisberg.

Too Young To Run

Author: John Seery
Publisher: Penn State Press
ISBN: 0271074590
Size: 59.33 MB
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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.

Our Undemocratic Constitution

Author: Sanford Levinson
Publisher: Oxford University Press
ISBN: 0199885710
Size: 40.78 MB
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Levinson argues that too many of our Constitution's provisions promote either unjust or ineffective government. Under the existing blueprint, we can neither rid ourselves of incompetent presidents nor assure continuity of government following catastrophic attacks. Less important, perhaps, but certainly problematic, is the appointment of Supreme Court judges for life. Adding insult to injury, the United States Constitution is the most difficult to amend or update of any constitution currently existing in the world today. Democratic debate leaves few stones unturned, but we tend to take our basic constitutional structures for granted. Levinson boldly challenges the American people to undertake a long overdue public discussion on how they might best reform this most hallowed document and construct a constitution adequate to our democratic values. "Admirably gutsy and unfashionable." --Michael Kinsley, The New York Times "Bold, bracingly unromantic, and filled with illuminating insights. He accomplishes an unlikely feat, which is to make a really serious argument for a new constitutional convention, one that is founded squarely on democratic ideals." --Cass R. Sunstein, The New Republic "Everyone who cares about how our government works should read this thoughtful book." --Washington Lawyer

Constitutional Dilemmas

Author: Lorenzo Zucca
Publisher: Oxford University Press, USA
ISBN: 9780199204977
Size: 28.78 MB
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Dealings with an important issue in philosophy of law and constitutional thought, this book addresses the problems of clashes between fundamental rights by developing a framework to adjudicate over clashes & then deal with the outcomes.

Dishonorable Passions

Author: William N. Eskridge Jr.
Publisher: Penguin
ISBN: 1440631107
Size: 27.33 MB
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From the Pentagon to the wedding chapel, there are few issues more controversial today than gay rights. As William Eskridge persuasively demonstrates in Dishonorable Passions, there is nothing new about this political and legal obsession. The American colonies and the early states prohibited sodomy as the crime against nature, but rarely punished such conduct if it took place behind closed doors. By the twentieth century, America’s emerging regulatory state targeted degenerates and (later) homosexuals. The witch hunts of the McCarthy era caught very few Communists but ruined the lives of thousands of homosexuals. The nation’s sexual revolution of the 1960s fueled a social movement of people seeking repeal of sodomy laws, but it was not until the Supreme Court’s decision in Lawrence v. Texas (2003) that private sex between consenting adults was decriminalized. With dramatic stories of both the hunted (Walt Whitman and Margaret Mead) and the hunters (Earl Warren and J. Edgar Hoover), Dishonorable Passions reveals how American sodomy laws affected the lives of both homosexual and heterosexual Americans. Certain to provoke heated debate, Dishonorable Passions is a must-read for anyone interested in the history of sexuality and its regulation in the United States