It is truly "American Scripture," and Maier tells us how it came to be -- from the Declaration's birth in the hard and tortuous struggle by which Americans arrived at Independence to the ways in which, in the nineteenth century, the document itself became sanctified.Maier describes the transformation of the Second Continental Congress into a national government, unlike anything that preceded or followed it, and with more authority than the colonists would ever have conceded to the British Parliament; the great difficulty in making the decision for Independence; the influence of Paine's Common Sense, which shifted the terms of debate; and the political maneuvers that allowed Congress to make the momentous decision.In Maier's hands, the Declaration of Independence is brought close to us. She lets us hear the voice of the people as revealed in the other "declarations" of 1776: the local resolutions -- most of which have gone unnoticed over the past two centuries -- that explained, advocated, and justified Independence and undergirded Congress's work. Detective-like, she discloses the origins of key ideas and phrases in the Declaration and unravels the complex story of its drafting and of the group-editing job which angered Thomas Jefferson.Maier also reveals what happened to the Declaration after the signing and celebration: how it was largely forgotten and then revived to buttress political arguments of the nineteenth century; and, most important, how Abraham Lincoln ensured its persistence as a living force in American society. Finally, she shows how by the very act of venerating the Declaration as we do -- by holding it as sacrosanct, akin to holy writ -- we may actually be betraying its purpose and its power.

    Charged with the responsibility of interpreting the Constitution, the nine unelected justices of the Court have the awesome power to strike down laws enacted by our elected representatives. Why does the public accept the Court’s decisions as legitimate and follow them, even when those decisions are highly unpopular? What must the Court do to maintain the public’s faith? How can the Court help make our democracy work? These are the questions that Justice Stephen Breyer tackles in this groundbreaking book.Today we assume that when the Court rules, the public will obey. But Breyer declares that we cannot take the public’s confidence in the Court for granted. He reminds us that at various moments in our history, the Court’s decisions were disobeyed or ignored. And through investigations of past cases, concerning the Cherokee Indians, slavery, and Brown v. Board of Education, he brilliantly captures the steps—and the missteps—the Court took on the road to establishing its legitimacy as the guardian of the Constitution.Justice Breyer discusses what the Court must do going forward to maintain that public confidence and argues for interpreting the Constitution in a way that works in practice. He forcefully rejects competing approaches that look exclusively to the Constitution’s text or to the eighteenth-century views of the framers. Instead, he advocates a pragmatic approach that applies unchanging constitutional values to ever-changing circumstances—an approach that will best demonstrate to the public that the Constitution continues to serve us well. The Court, he believes, must also respect the roles that other actors—such as the president, Congress, administrative agencies, and the states—play in our democracy, and he emphasizes the Court’s obligation to build cooperative relationships with them.Finally, Justice Breyer examines the Court’s recent decisions concerning the detainees held at Guantánamo Bay, contrasting these decisions with rulings concerning the internment of Japanese-Americans during World War II. He uses these cases to show how the Court can promote workable government by respecting the roles of other constitutional actors without compromising constitutional principles.Making Our Democracy Work is a tour de force of history and philosophy, offering an original approach to interpreting the Constitution that judges, lawyers, and scholars will look to for many years to come. And it further establishes Justice Breyer as one of the Court’s greatest intellectuals and a leading legal voice of our time.

    He discusses the fate of virtue, the legacy of racism, the moral issues implicated in the war on terrorism, and the objectivity of ethical norms. Against those who see no place for religious reasoning in the democratic arena, Stout champions a space for religious voices. But against increasingly vocal antiliberal thinkers, he argues that modern democracy can provide a moral vision and has made possible such moral achievements as civil rights precisely because it allows a multitude of claims to be heard.Stout's distinctive pragmatism reconfigures the disputed area where religious thought, political theory, and philosophy meet. Charting a path beyond the current impasse between secular liberalism and the new traditionalism, Democracy and Tradition asks whether we have the moral strength to continue as a democratic people as it invigorates us to retrieve our democratic virtues from very real threats to their practice.

    For the Amendment gives to the Federal Government first claim upon the earnings of the individual, and so infringes his natural right to own what he produces.With its graduated-tax provision, the Income Tax Amendment is a replica of that clause in the Communist Manifesto which provides for the confiscation of all property through the use of just such a tax.Not only is the individual citizen's liberty partitioned by the Amendment, but the several states are deprived of their Constitutional sovereignty, and the central Federal Government is overstrengthened at their expense. This growth of centralized power is a development which generations of Americans fought stubbornly to prevent.And the Federal Government, by the very nature of government itself, increases its "needs" in accordance with its means of revenue. Reduce Federal income, argues Frank Chodorov, and Federal "needs" will automatically be reduced.The author takes a forthright stand as he defines the immoral nature of income taxation and the fallacy of using to "level off" society. And finally he outlines what can be done to repeal the Income Tax Amendment, bearing in mind the Federal Government's legitimate need for revenue.

    Mill's passionate advocacy of spontaneity, individuality, and diversity, along with his contempt for compulsory uniformity and the despotism of popular opinion, has attracted both admiration and condemnation.

    From abortion to same-sex marriage, today's most urgent political debates will hinge on this two-part question: What did the United States Constitution originally mean and who now understands its meaning best? Rakove chronicles the Constitution from inception to ratification and, in doing so, traces its complex weave of ideology and interest, showing how this document has meant different things at different times to different groups of Americans.

    Readers familiar with the previous edition will find a text that retains all the features that make Rulebook ideally suited for use as a supplementary course book -- including its modest price and compact size. Unlike most textbooks on argumentative writing, Rulebook is organised around specific rules, illustrated and explained soundly and briefly. It is not a textbook, but a rulebook, whose goal is to help students get on with writing a paper or assessing an argument.

    Renowned UN prosecutor and human rights scholar Payam Akhavan has encountered the grim realities of contemporary genocide throughout his life and career. He argues that deceptive utopias, political cynicism, and public apathy have given rise to major human rights abuses: from the religious persecution of Iranian Bahá’ís that shaped his personal life, to the horrors of ethnic cleansing in Yugoslavia, the genocide in Rwanda, and the rise of contemporary phenomena such as the Islamic State. But he also reflects on the inspiring resilience of the human spirit and the reality of our inextricable interdependence to liberate us, whether from hateful ideologies that deny the humanity of others or an empty consumerist culture that worships greed and self-indulgence.A timely, essential, and passionate work of memoir and history, In Search of a Better World is a tour de force by an internationally renowned human rights lawyer.

    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.

    It also provides a guide for programs that help prepare higher education administrators for leadership roles. This important reference is organized into five main parts Perspectives and Foundations; The College and Its Governing Board and Staff; The College and Its Faculty; The College and Its Students; and The College and the Outside World. Each part includes the sections of the full fourth edition that most relate to student interests and are most suitable for classroom instruction, for example:The evolution and reach of higher education law The governance of higher education Legal planning and dispute resolution The interrelationships between law and policy The college and its employees Faculty employment and tenure Academic freedom Campus issues: student safety, racial and sexual harassment, affirmative action, computer networks, services for international students Student misconduct Freedom of speech, hate speech Student rights, responsibilities, and activities fees Athletics and Title IX Copyright

    In modern democratic societies, legislative bodies increasingly usurp functions that were, and should be, exercised by individuals or groups rather than government.Bruno Leoni (1913–1967) was an attorney and Professor of Legal Theory and the Theory of the State at the University of Pavia, Italy.Please note: This title is available as an ebook for purchase on Amazon, Barnes and Noble, and iTunes.

    Boyle argues that just as every informed citizen needs to know at least something about the environment or civil rights, every citizen should also understand intellectual property law. Why? Because intellectual property rights mark out the ground rules of the information society, and today’s policies are unbalanced, unsupported by evidence, and often detrimental to cultural access, free speech, digital creativity, and scientific innovation.Boyle identifies as a major problem the widespread failure to understand the importance of the public domain—the realm of material that everyone is free to use and share without permission or fee. The public domain is as vital to innovation and culture as the realm of material protected by intellectual property rights, he asserts, and he calls for a movement akin to the environmental movement to preserve it. With a clear analysis of issues ranging from Jefferson’s philosophy of innovation to musical sampling, synthetic biology and Internet file sharing, this timely book brings a positive new perspective to important cultural and legal debates. If we continue to enclose the “commons of the mind,” Boyle argues, we will all be the poorer.

    Her politics, from beginning to end, was based on resistance to that which thwarted the free development of the inner self. The right to stay alive in one’s senses, to enjoy freedom of thought and speech, to reject the arbitrary use of power—these were key demands in the many public protest movements she helped mount.Anarchist par excellence, Goldman is one of the memorable political figures of our time, not because of her gift for theory or analysis or even strategy, but because some extraordinary force of life in her burned, without rest or respite, on behalf of human integrity—and she was able to make the thousands of people who, for decades on end, flocked to her lectures, feel intimately connected to the pain inherent in the abuse of that integrity. To hear Emma describe, in language as magnetic as it was illuminating, what the boot felt like on the neck, was to experience the mythic quality of organized oppression. As the women and men in her audience listened to her, the homeliness of their own small lives became invested with a sense of drama that acted as a catalyst for the wild, vagrant hope that things need not always be as they were. All you had to do, she promised, was resist. In time, she herself would become a world-famous symbol for the spirit of resistance to the power of institutional authority over the lone individual.In Emma Goldman, Vivian Gornick draws a surpassingly intimate and insightful portrait of a woman of heroic proportions whose performance on the stage of history did what Tolstoy said a work of art should do: it made people love life more.

    

    Thomas Sowell sees what has happened not as a series of isolated mistakes but as a logical consequence of a vision whose defects have led to disasters in education, crime, family disintegration, and other social pathology. In this book, "politically correct" theory is repeatedly confronted with facts -- and sharp contradictions between the two are explained in terms of a whole set of self-congratulatory assumptions held by political and intellectual elites. These elites -- the anointed -- often consider themselves "thinking people," but much of what they call thinking turns out, on examination, to be rhetorical assertion, followed by evasions of mounting evidence against those assertions.