Book picks similar to
Democracy and Distrust: A Theory of Judicial Review by John Hart Ely
law
politics
non-fiction
nonfiction
How Democratic Is the American Constitution?
Robert A. Dahl - 2001
Dahl . . . is about as covered in honors as a scholar can be. . . . He knows what he is talking about. And he thinks that the Constitution has something the matter with it.”—Hendrik Hertzberg, New Yorker “A devastating attack on the undemocratic character of the American Constitution.”—Gordon S. Wood, New York Review of Books In this provocative book, one of our most eminent political scientists poses the question, “Why should Americans uphold their constitution?” The vast majority of Americans venerate the Constitution and the democratic principles it embodies, but many also worry that the United States has fallen behind other nations on crucial issues, including economic equality, racial integration, and women’s rights. Robert Dahl explores this vital tension between the Americans’ belief in the legitimacy of their constitution and their belief in the principles of democracy. Dahl starts with the assumption that the legitimacy of the American Constitution derives solely fromits utility as an instrument of democratic governance. Dahl demonstrates that, due to the context in which it was conceived, our constitution came to incorporate significant antidemocratic elements. Because the Framers of the Constitution had no relevant example of a democratic political system on which to model the American government, many defining aspects of our political system were implemented as a result of short-sightedness or last-minute compromise. Dahl highlights those elements of the American system that are most unusual and potentially antidemocratic: the federal system, the bicameral legislature, judicial review, presidentialism, and the electoral college system. The political system that emerged from the world’s first great democratic experiment is unique—no other well-established democracy has copied it. How does the American constitutional system function in comparison to other democratic systems? How could our political system be altered to achieve more democratic ends? To what extent did the Framers of the Constitution build features into our political system that militate against significant democratic reform? Refusing to accept the status of the American Constitution as a sacred text, Dahl challenges us all to think critically about the origins of our political system and to consider the opportunities for creating a more democratic society.
Constitutional Law for a Changing America: Rights, Liberties, and Justice
Lee J. Epstein - 1997
Can Congress impose limits to free speech on the Internet? May a doctor or a family member assist a terminally-ill patient to commit suicide? Is it constitutional for a government agency to give preferences to minorities in awarding federal contracts?Covers various Americans' right to the free exercise of religion, freedom of speech, and freedom of the press, discrimination and defendant's rights.
The Constitution of the United States of America
Founding Fathers - 1787
This inexpesnive pamphlet edition is sure to be prized by Americans of all ages.
The Federalist: The Gideon Edition
George W. Carey - 1818
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.
Second Treatise of Government
John Locke - 1689
The principles of individual liberty, the rule of law, government by consent of the people, and the right to private property are taken for granted as fundamental to the human condition now. Most liberal theorists writing today look back to Locke as the source of their ideas. Some maintain that religious fundamentalism, "post-modernism," and socialism are today the only remaining ideological threats to liberalism. To the extent that this is true, these ideologies are ultimately attacks on the ideas that Locke, arguably more than any other, helped to make the universal vocabulary of political discourse.
The Anti-Federalist Papers and the Constitutional Convention Debates
Ralph Louis Ketcham - 1986
Edited and introduced by Ralph Ketcham.
The Spirit of the Laws
Montesquieu - 1748
This lucid translation renders Montesquieu's problematic text newly accessible to a fresh generation of students, helping them to understand why Montesquieu was such an important figure in the early Enlightenment and why The Spirit of the Laws was such an influence on those who framed the American Constitution. Fully annotated, this edition focuses on Montesquieu's use of sources and his text as a whole, rather than on those opening passages toward which critical energies have traditionally been devoted. A select bibliography and chronology are also provided.
The Nature of the Judicial Process
Benjamin N. Cardozo - 1921
Cardozo — an Associate Supreme Court Justice of the United States from 1932-38 — explains a judge's conscious and unconscious decision-making processes.Cardozo handed down opinions that stressed the necessity for the law to adapt to the realities and needs of contemporary life. Famous for his convincing and lucid prose, he offers insights that remain relevant to a modern view of American jurisprudence. In simple, understandable language, he discusses the ways that rulings are guided and shaped by information, precedent and custom, and standards of justice and morals.Four of Cardozo's lectures appear here, bookended by an introduction and conclusion. They explore a variety of approaches to the judicial process: the method of philosophy; the methods of history, tradition, and sociology; the method of sociology and the judge as a legislator; and adherence to precedent and the subconscious element in the judicial process. Ideal for law students as well as anyone interested in legal theory, this volume offers a rare look inside the mind of a great jurist.
Leviathan
Thomas Hobbes - 1651
But his penetrating work of political philosophy - now fully revised and with a new introduction for this edition - opened up questions about the nature of statecraft and society that influenced governments across the world.
How Democracies Die: What History Reveals About Our Future
Steven Levitsky - 2018
Democracy no longer ends with a bang--in a revolution or military coup--but with a whimper: the slow, steady weakening of critical institutions, such as the judiciary and the press, and the gradual erosion of long-standing political norms. The good news is that there are several exit ramps on the road to authoritarianism. The bad news is that, by electing Trump, we have already passed the first one.Drawing on decades of research and a wide range of historical and global examples, from 1930s Europe to contemporary Hungary, Turkey, and Venezuela, to the American South during Jim Crow, Levitsky and Ziblatt show how democracies die--and how ours can be saved.
The American Supreme Court (The Chicago History of American Civilization)
Robert G. McCloskey - 1960
McCloskey's classic work on the Supreme Court's role in constructing the U.S. Constitution has introduced generations of students to the workings of our nation's highest court. In this fourth edition, Sanford Levinson extends McCloskey's magisterial treatment to address the Court's most recent decisions, including its controversial ruling in Bush v. Gore and its expansion of sexual privacy in Lawrence v. Texas. The book's chronology of important Supreme Court decisions and itsannotated bibliographical essay have also been updated.As in previous editions, McCloskey's original text remains unchanged. He argues that the Court's strength has always been its sensitivity to the changing political scene, as well as its reluctance to stray too far from the main currents of public sentiment. Levinson's two new chapters show how McCloskey's approach continues to illuminate recent developments, such as the Court's seeming return to its pre-1937 role as "umpire" of the federal system. It is in Bush v. Gore, however, where the implications of McCloskey's interpretation stand out most clearly.The best and most concise account of the Supreme Court and its place in American politics, McCloskey's wonderfully readable book is an essential guide to its past, present, and future prospects of this institution.
The Supremes' Greatest Hits: The 34 Supreme Court Cases That Most Directly Affect Your Life
Michael G. Trachtman - 2006
Here are 34 of the most significant issues it has grappled with—from equal rights to privacy rights, from the limits of speech to the boundaries between church and state. Many of these cases read like thrillers…right down to their cliff-hanging endings. Among the most intriguing: the Dred Scott decision, Miranda v. Arizona, Brown v. Board of Education, Roe v. Wade, and Bush v. Gore.
Politics
Aristotle
"Encyclopaedic knowledge has never, before or since, gone hand in hand with a logic so masculine or with speculation so profound," says H. W. C. Davis in his introduction. Students, teachers, and scholars will welcome this inexpensive new edition of the Benjamin Jowett translation, as will all readers interested in Greek thought, political theory, and depictions of the ideal state.
Gideon's Trumpet
Anthony Lewis - 1964
To most laymen this would seem to provide grounds for a new trial, but the fact is that until the Supreme Court heard Gideon's case, an indigent prisoner did not have the right to a lawyer in many state courts.The case of Gideon v. Wainwright changed all that. The Supreme Court decided to hear Gideon's plea, and it appointed Abe Fortas, a noted Washington lawyer, to represent him.On March 18, 1963, the Court announced its historic decision: the Justices unanimously overruled an earlier case and held that henceforth the "due process of law" guaranteed by the Fourteenth Amendment meant that poverty alone could not deprive a criminal defendant of the right to counsel. For Gideon this meant a new trial, and this time, with the help of a lawyer, he was acquitted.But Gideon's Trumpet is far more than the dramatic story of a single case whose reverberations will change the lives of thousands of other prisoners; it is also an inspiring examination and interpretation of the role of the Supreme Court itself. The reader learns much of the history of the Court, of the constitutional and criminal law in the United States, of the philosophies of law of various Justices, of changing historical interpretations of the Bill of Rights and its various amendments, and of the modus operandi of the Court day by day.Anthony Lewis writes about the complex and momentous issues involved in Gideon v. Wainwright with simplicity, clarity and precision, and his portrait of Gideon and his dogged fight for freedom is as poignant and, in the words of one distinguished reader, "as absorbing as the best fiction."
The Constitution of Liberty
Friedrich A. Hayek - 1960
Hayek's book, first published in 1960, urges us to clarify our beliefs in today's struggle of political ideologies.