Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost.Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a presumption of liberty to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people.As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond.

    Clearly explaining the foundations of many of the key tenets of civil society, this resource reviews some of the world’s most famous trials whose outcomes have turned on prejudice, complacency, chance, or the tenacity and skill of advocates. Powerful and timely, this meditation on ethics also analyzes the impact of significant recent cases on contemporary Australian life, determining what ultimately constitutes a decent human society.

    coercion ... intimidation. Sounds like a movie review of The Godfather, but unfortunately we're talking about your federal government. So says bestselling author David Freddoso. In Gangster Government: Barack Obama and the New Washington Thugocracy, Freddoso exposes how the Obama administration bears a closer resemblance to the mob than to a government of the people, by the people, and for the people. Laying bare the backdoor deals, threats, and pay-to-play schemes Obama uses to push his policies on unsuspecting voters, Gangster Government proves that Obama is more concerned with protecting his friends and punishing his enemies than doing right by the American public. In this shocking book, Freddoso reveals: who really benefited from the auto industry bailout and the stimulus package (it wasn't the car companies or the American people); how Obama and his EPA cronies are setting up a protection racket to control fossil fuels; why trial lawyers will benefit from Obamacare more than anyone else; and much more. Controversial and compelling, Gangster Government reveals an administration that is so corrupt, it would make Al Capone blush.

    rarely had time to answer his critics. But on April 16, 1963, he was confined to the Birmingham jail, serving a sentence for participating in civil rights demonstrations. "Alone for days in the dull monotony of a narrow jail cell," King pondered a letter that fellow clergymen had published urging him to drop his campaign of nonviolent resistance and to leave the battle for racial equality to the courts. In response, King drafted his most extensive and forceful written statement against social injustice - a remarkable essay that focused the world's attention on Birmingham and spurred the famous March on Washington. Bristling with the energy and resonance of his great speeches, Letter from the Birmingham Jail is both a compelling defense of nonviolent demonstration and a rallying cry for an end to social discrimination that is just as powerful today as it was more than twenty years ago.

    Rather, it is a toxic ideology that encourages division, anger, and vengeance. In this penetrating work, Commentary editor and MSNBC contributor Noah Rothman uncovers the real motives behind the social justice movement and explains why, despite its occasionally ludicrous public face, it is a threat to be taken seriously. American political parties were once defined by their ideals. That idealism, however, is now imperiled by an obsession with the demographic categories of race, sex, ethnicity, and sexual orientation, which supposedly constitute a person’s “identity.” As interest groups defined by identity alone command the comprehensive allegiance of their members, ordinary politics gives way to “Identitarian” warfare, each group looking for payback and convinced that if it is to rise, another group must fall. In a society governed by “social justice,” the most coveted status is victimhood, which people will go to absurd lengths to attain. But the real victims in such a regime are blind justice—the standard of impartiality that we once took for granted—and free speech. These hallmarks of American liberty, already gravely compromised in universities, corporations, and the media, are under attack in our legal and political systems.

    Proceeding from the assumption that human beings desire pleasure (and avoid pain), Bentham's unique perspective, known as utilitarianism, is used to construct a fascinating calculus for determining which action to perform when confronted with situations requiring moral decision-makingthe goal of which is to arrive at the "greatest happiness of the greatest number." Toward this end, he endeavors to delineate the sources and kinds of pleasure and pain and how they can be measured when assessing one's moral options. Bentham supports his arguments with discussions of intentionality, consciousness, motives, and dispositions.Bentham concludes this groundbreaking work with an analysis of punishment: its purpose and the proper role that law and jurisprudence should play in its determination and implementation. Here we find Bentham as social reformer seeking to resolve the tension that inevitably exists when the concerns of the many conflict with individual freedom.The Principles of Morals and Legislation offers readers the rare opportunity to experience one of the great works of moral philosophy, a volume that has influenced the course of ethical theory for over a century.

    Mann and Norman J. Ornstein, but now it is a broken branch, damaged by partisan bickering and internal rancor. The Broken Branch offers both a brilliant diagnosis of the cause of Congressional decline and a much-needed blueprint for change, from two experts who understand politics and revere our institutions, but believe that Congress has become deeply dysfunctional. Mann and Ornstein, two of the nations most renowned and judicious scholars of government and politics, bring to light the historical roots of Congress's current maladies, examining 40 years of uninterrupted Democratic control of the House and the stunning midterm election victory of 1994 that propelled Republicans into the majority in both House and Senate. The byproduct of that long and grueling but ultimately successful Republican campaign, the authors reveal, was a weakened institution bitterly divided between the parties. They highlight the dramatic shift in Congress from a highly decentralized, committee-based institution into a much more regimented one in which party increasingly trumps committee. The resultant changes in the policy process--the demise of regular order, the decline of deliberation, and the weakening of our system of checks and balances--have all compromised the role of Congress in the American Constitutional system. Indeed, Speaker Dennis Hastert has unabashedly stated that his primary responsibility is to pass the president's legislative program--identifying himself more as a lieutenant of the president than a steward of the house. From tax cuts to the war against Saddam Hussein to a Medicare prescription drug benefit, the legislative process has been bent to serve immediate presidential interests and have often resulted in poorly crafted and stealthily passed laws. Strong majority leadership in Congress, the authors conclude, led not to a vigorous exertion of congressional authority but to a general passivity in the face of executive power. A vivid portrait of an institution that has fallen far from the aspirations of our Founding Fathers, The Broken Branch highlights the costs of a malfunctioning Congress to national policymaking, and outlines what must be done to repair the damage.

    He studies a variety of conflicts over the course of history, as well as the testimony of those who have been most directly involved--participants, decision makers, and victims. In his introduction to this new edition, Walzer specifically addresses the moral issues surrounding the war in and occupation of Iraq, reminding us once again that "the argument about war and justice is still a political and moral necessity."

    . . Health care executives pulling in millions in bonuses for denying treatment to the sick . . . More than 100 million people with inadequate or no medical coverage . . . This may sound like the predicament of a third-world nation, but this is America’s health care reality today. The U.S. spends more on health care than any other nation, yet our benefits are shrinking and life expectancy is shorter here than in countries that spend significantly less per capita. Meanwhile, HMOs, pharmaceutical companies, and hospital chains reap tremendous profits, while politicians—beholden to insurers and drug companies—enact legislation for the benefit of the few rather than the many, while the entire system is on the verge of collapse. In Critical Condition, award-winning investigative journalists Donald L. Barlett and James B. Steele expose the horror of what health care in America has become. They profile patients and doctors trapped by the system and offer startling personal stories that illuminate what’s gone wrong. Doctors tell of being second-guessed and undermined by health care insurers; nurses recount chilling tales of hospital meltdowns; patients explain how they’ve been victimized by a system that is meant to care for them. Drug companies profit by selling pills in the same manner that Madison Avenue sells soap, while Wall Street rakes in billions by building up and then tearing down health care businesses. And politicians pass legislation perpetuating the injustices and out-right fraud the system encourages. By analyzing the industry and offering an insightful prescription for getting it back on the right track, Critical Condition is an enormously compelling investigative work that addresses the concerns of every American.

    Jonathan Wolff looks at the works of Plato, Hobbes, Locke, Rousseau, Mill, Marx, and Rawls (among others), examining how the debates between philosophers have developed, and searching for possible answers to these provocative questions. His final chapter looks at more recent issues, particularly feminist political theory.

    The move fulfilled a Tory campaign promise to deliver greater government transparency and accountability. He was later denounced by the same people who appointed him to scrutinize their spending. When he challenged the government on several issues--most notably about the true costs of the F-35 fighter planes--and publicly claimed the government was misleading Canadians, Page was vilified. He was called "unbelievable, unreliable and incredible" by then-Finance Minister Jim Flaherty. Page's term was not extended and he retired from the civil service.     Page's assessment of the F-35 procurement was proven right, a major embarrassment to the Harper government. But Page's overriding concern is that Parliament does not get the information and analysis it needs to hold the executive (the prime minister and cabinet) to account. Parliament, he argues, is broken, with power centralized in the PMO. The civil service appears cowed, and members of parliament almost never see enough financial analysis to support the policy decisions they make. That was true at various times on the tough-on-crime legislation, new military procurement as well as changes to the Canada Health Transfer and Old Age Security.      In this shocking insider's account, Page argues that democracy is being undermined by an increasingly autocratic government that does not respect facts that run counter to its political agenda. Elected officials need accurate, independently verified data to support the implementation of policies and programs. In Unaccountable, Page tells all Canadians why we should be concerned.

    And in this book the distinguished scholar Amartya Sen offers a powerful critique of the theory of social justice that, in its grip on social and political thinking, has long left practical realities far behind.The transcendental theory of justice, the subject of Sen's analysis, flourished in the Enlightenment and has proponents among some of the most distinguished philosophers of our day; it is concerned with identifying perfectly just social arrangements, defining the nature of the perfectly just society. The approach Sen favors, on the other hand, focuses on the comparative judgments of what is "more" or "less" just, and on the comparative merits of the different societies that actually emerge from certain institutions and social interactions.At the heart of Sen's argument is a respect for reasoned differences in our understanding of what a "just society" really is. People of different persuasions--for example, utilitarians, economic egalitarians, labor right theorists, no--nonsense libertarians--might each reasonably see a clear and straightforward resolution to questions of justice; and yet, these clear and straightforward resolutions would be completely different. In light of this, Sen argues for a comparative perspective on justice that can guide us in the choice between alternatives that we inevitably face.

    The authors unpack queer criminal archetypes--like "gleeful gay killers," "lethal lesbians," "disease spreaders," and "deceptive gender benders"--to illustrate the punishment of queer expression, regardless of whether a crime was ever committed. Tracing stories from the streets to the bench to behind prison bars, the authors prove that the policing of sex and gender both bolsters and reinforces racial and gender inequalities. A groundbreaking work that turns a "queer eye" on the criminal legal system, Queer (In)Justice illuminates and challenges the many ways in which queer lives are criminalized, policed, and punished.

    The most locked-down state in the nation has led the way in criminal justice severity, from assembly-line executions to isolation supermaxes, from prison privatization to sentencing juveniles as adults. Texas Tough, a sweeping history of American imprisonment from the days of slavery to the present, shows how a plantation-based penal system once dismissed as barbaric became the national template.Drawing on convict accounts, official records, and interviews with prisoners, guards, and lawmakers, historian Robert Perkinson reveals the Southern roots of our present-day prison colossus. While conventional histories emphasize the North’s rehabilitative approach, he shows how the retributive and profit-driven regime of the South ultimately triumphed. Most provocatively, he argues that just as convict leasing and segregation emerged in response to Reconstruction, so today’s mass incarceration, with its vast racial disparities, must be seen as a backlash against civil rights.Illuminating for the first time the origins of America’s prison juggernaut, Texas Tough points toward a more just and humane future.

    The book is now published with many corrections and additions, including a new chapter on justice and jurisdiction that provides a fresh approach to the legal provisions of the Charter that were to prove so enduring, along with new appendices on matters as varied as vernacular translations of the Charter and grants of liberties in perpetuity.