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.

    David Friedman's standpoint, known as 'anarcho-capitalism', has attracted a growing following as a desirable social ideal since the first edition of The Machinery of Freedom appeared in 1971. This new edition is thoroughly revised and includes much new material, exploring fresh applications of the author's libertarian principles. Among topics covered: how the U.S. would benefit from unrestricted immigration; why prohibition of drugs is inconsistent with a free society; why the welfare state mainly takes from the poor to help the not-so-poor; how police protection, law courts, and new laws could all be provided privately; what life was really like under the anarchist legal system of medieval Iceland; why non-intervention is the best foreign policy; why no simple moral rules can generate acceptable social policies -- and why these policies must be derived in part from the new discipline of economic analysis of law.

    She demonstrates how ideas of human relationships portrayed in novels and art helped spread these new ideals and how human rights continue to be contested today.

    Incisive, entertaining, and occasionally controversial, this “biography” of America’s framing document explains not only what the Constitution says but also why the Constitution says it. We all know this much: the Constitution is neither immutable nor perfect. Amar shows us how the story of this one relatively compact document reflects the story of America more generally. (For example, much of the Constitution, including the glorious-sounding “We the People,” was lifted from existing American legal texts, including early state constitutions.) In short, the Constitution was as much a product of its environment as it was a product of its individual creators’ inspired genius.Despite the Constitution’s flaws, its role in guiding our republic has been nothing short of amazing. Skillfully placing the document in the context of late-eighteenth-century American politics, America’s Constitution explains, for instance, whether there is anything in the Constitution that is unamendable; the reason America adopted an electoral college; why a president must be at least thirty-five years old; and why–for now, at least–only those citizens who were born under the American flag can become president. From his unique perspective, Amar also gives us unconventional wisdom about the Constitution and its significance throughout the nation’s history. For one thing, we see that the Constitution has been far more democratic than is conventionally understood. Even though the document was drafted by white landholders, a remarkably large number of citizens (by the standards of 1787) were allowed to vote up or down on it, and the document’s later amendments eventually extended the vote to virtually all Americans. We also learn that the Founders’ Constitution was far more slavocratic than many would acknowledge: the “three fifths” clause gave the South extra political clout for every slave it owned or acquired. As a result, slaveholding Virginians held the presidency all but four of the Republic’s first thirty-six years, and proslavery forces eventually came to dominate much of the federal government prior to Lincoln’s election.Ambitious, even-handed, eminently accessible, and often surprising, America’s Constitution is an indispensable work, bound to become a standard reference for any student of history and all citizens of the United States.

    Nussbaum argues that the thought-content of disgust embodies magical ideas of contamination, and impossible aspirations to purity that are just not in line with human life as we know it. She argues that disgust should never be the basis for criminalizing an act, or play either the aggravating or the mitigating role in criminal law it currently does. She writes that we should be similarly suspicious of what she calls primitive shame, a shame at the very fact of human imperfection, and she is harshly critical of the role that such shame plays in certain punishments.Drawing on an extraordinarily rich variety of philosophical, psychological, and historical references--from Aristotle and Freud to Nazi ideas about purity--and on legal examples as diverse as the trials of Oscar Wilde and the Martha Stewart insider trading case, this is a major work of legal and moral philosophy.

    It must be read by anyone who is seriously interested in the heritage of liberty--not just in America, but the world over. And reading it is a joy. Lane, who is said to have written the book 'at white heat,' was at once a brilliant thinker and a gifted storyteller.This book is a withering attack on statism, nationalism, and what Nobel Laureate F. A. Hayek calls the 'fatal conceit' of national economic planning. It is an intellectual tour de force that stood up to the collectivist paradigm of its time and pointed the way to rediscovering the principles of the American Revolution--a true revolution unlike those of the Old World that 'are revolutions only in the sense that a wheel's turning is a revolution.' Her exciting description of the revolutionary period (you can tell she wishes she'd been there to lend a hand to Paine, Mason, Jefferson and the gang) is the best of a brilliant book.Rose Wilder Lane was a truly remarkable woman. Like Jefferson, she attacked life, living it to the fullest, as adventurer, journalist, world traveler, iconoclast, and just prior to her death, war corespondent in Vietnam. Not surprisingly, the clear-eyed determination and supercharged energy she brings to attacking the enemies of liberty in Discovery is unique among prominent pro-liberty writers. (Free download at mises.org)

    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."

    Forrest McDonald, widely considered one of the foremost historians of the Constitution and of the early national period, reconstructs the intellectual world of the Founding Fathers--including their understanding of law, history political philosophy, and political economy, and their firsthand experience in public affairs--and then analyzes their behavior in the Constitutional Convention of 1787 in light of that world. No one has attempted to do so on such a scale before. McDonald's principal conclusion is that, though the Framers brought a variety of ideological and philosophical positions to bear upon their task of building a "new order of the ages," they were guided primarily by their own experience, their wisdom, and their common sense."A witty and energetic study of the ideas and passions of the Framers."-- New York Times Book Review "Bristles with wit and intellectual energy."-- Christian Science Monitor "A masterpiece. McDonald's status as an interpreter of the Constitution is unequalled--magisterial."-- National Review

    Written and published in newspapers in 1787 and 1788 to explain and promote ratification of the proposed Constitution for the United States, which were then bound by the Articles of Confederation, The Federalist remains of singular importance to students of liberty around the world.George W. Carey was Professor of Government at Georgetown University and editor of The Political Science Reviewer.James McClellan (1937–2005) was James Bryce Visiting Fellow in American Studies at the Institute of United States Studies, University of London.Please note: This title is available as an ebook for purchase on Amazon, Barnes and Noble, and iTunes.

    In recent years, however, the fundamental principles of the movement have influenced other academic disciplines, from sociology and politics to ethnic studies and history.And yet, while the critical race theory movement has spawned dozens of conferences and numerous books, no concise, accessible volume outlines its basic parameters and tenets. Here, then, from two of the founders of the movement, is the first primer on one of the most influential intellectual movements in American law and politics.

    Taxes arouse strong passions, fueled not only by conflicts of economic self-interest, but by conflicting ideas of fairness. Taking as a guiding principle the conventional nature of private property, Murphy and Nagel show how taxes can only be evaluated as part of the overall system of property rights that they help to create. Justice or injustice in taxation, they argue, can only mean justice or injustice in the system of property rights and entitlements that result from a particular regime. Taking up ethical issues about individual liberty, interpersonal obligation, and both collective and personal responsibility, Murphy and Nagel force us to reconsider how our tax policy shapes our system of property rights.

    Gutzman unveils the radical inconsistency between constitutional law and the rule of law, and shows why and how the Supreme Court should be reined in to the proper role assigned to it by the Founders.

    He argues that individual autonomy and state authority are mutually exclusive and that, as individual autonomy is inalienable, the moral legitimacy of the state collapses.

    Buckley, Jr.Russell Kirk's The Conservative Mind is one of the greatest contributions to twentieth-century American conservatism. Brilliant in every respect, from its conception to its choice of significant figures representing the history of intellectual conservatism, The Conservative Mind launched the modern American Conservative Movement when it was first published in 1953 and has become an enduring classic of political thought.The seventh revised edition features the complete text and an introduction by publisher Henry Regency.A must-read.

    You may find it for free on the web. Purchase of the Kindle edition includes wireless delivery.