America's Unwritten Constitution: The Precedents and Principles We Live By


Akhil Reed Amar - 2012
    The document makes no explicit mention of cherished concepts like the separation of powers and the rule of law. On some issues, the plain meaning of the text misleads. For example, the text seems to say that the vice president presides over his own impeachment trial—but surely this cannot be right. As esteemed legal scholar Akhil Reed Amar explains in America's Unwritten Constitution, the solution to many constitutional puzzles lies not solely within the written document, but beyond it—in the vast trove of values, precedents, and practices that complement and complete the terse text.In this sequel to America's Constitution: A Biography, Amar takes readers on a tour of our nation's unwritten Constitution, showing how America's foundational document cannot be understood in textual isolation. Proper constitutional interpretation depends on a variety of factors, such as the precedents set by early presidents and Congresses; common practices of modern American citizens; venerable judicial decisions; and particularly privileged sources of inspiration and guidance, including the Federalist papers, William Blackstone's Commentaries on the Laws of England, the Northwest Ordinance of 1787, Lincoln's Gettysburg Address, and Martin Luther King, Jr.'s “I Have a Dream” speech. These diverse supplements are indispensible instruments for making sense of the written Constitution. When used correctly, these extra-textual aids support and enrich the written document without supplanting it.An authoritative work by one of America's preeminent legal scholars, America's Unwritten Constitution presents a bold new vision of the American constitutional system, showing how the complementary relationship between the Constitution's written and unwritten components is one of America's greatest and most enduring strengths.

Novus Ordo Seclorum: The Intellectual Origins of the Constitution


Forrest McDonald - 1985
    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

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.

Democracy in What State?


Giorgio AgambenWilliam McCuaig - 2009
    Giorgio Agamben traces the tense history of constitutions and their coexistence with various governments. Alain Badiou contrasts current democratic practice with democratic communism. Daniel Bensaid ponders the institutionalization of democracy, while Wendy Brown discusses the democratization of society under neoliberalism. Jean-Luc Nancy measures the difference between democracy as a form of rule and as a human end, and Jacques Ranci're highlights its egalitarian nature. Kristin Ross identifies hierarchical relationships within democratic practice, and Slavoj Zizek complicates the distinction between those who desire to own the state and those who wish to do without it.Concentrating on the classical roots of democracy and its changing meaning over time and within different contexts, these essays uniquely defend what is left of the left-wing tradition after the fall of Soviet communism. They confront disincentives to active democratic participation that have caused voter turnout to decline in western countries, and they address electoral indifference by invoking and reviving the tradition of citizen involvement. Passionately written and theoretically rich, this collection speaks to all facets of modern political and democratic debate.

The Politically Incorrect Guide to the Constitution


Kevin R.C. Gutzman - 2006
    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.

The Myth of Ownership: Taxes and Justice


Liam Murphy - 2002
    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.

The Care Manifesto: The Politics of Interdependence


The Care Collective - 2020
    How do we get out of it?The Care Manifesto puts care at the heart of the debates of our current crisis: from intimate care--childcare, healthcare, elder care--to care for the natural world. We live in a world where carelessness reigns, but it does not have to be this way.The Care Manifesto puts forth a vision for a truly caring world. The authors want to reimagine the role of care in our everyday lives, making it the organising principle in every dimension and at every scale of life. We are all dependent on each other, and only by nurturing these interdependencies can we cultivate a world in which each and every one of us can not only live but thrive.The Care Manifesto demands that we must put care at the heart of the state and the economy. A caring government must promote collective joy, not the satisfaction of individual desire. This means the transformation of how we organise work through co-operatives, localism and nationalisation. It proposes the expansion of our understanding of kinship for a more 'promiscuous care'. It calls for caring places through the reclamation of public space, to make a more convivial city. It sets out an agenda for the environment, most urgent of all, putting care at the centre of our relationship to the natural world.

Just and Unjust Wars: A Moral Argument With Historical Illustrations


Michael Walzer - 1976
    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."

The True and Only Heaven: Progress and Its Critics


Christopher Lasch - 1991
    Opposing this materialist view is the idea that condemns a boundless appetite for more and better goods and distrusts "improvements" that only feed desire. Tracing the opposition to the idea of progress from Rousseau through Montesquieu to Carlyle, Max Weber and G.D.H. Cole, Lasch finds much that is desirable in a turn toward moral conservatism, toward a lower-middle-class culture that features egalitarianism, workmanship and loyalty, and recognizes the danger of resentment of the material goods of others.

The Living Constitution


David A. Strauss - 2010
    He wanted a dead Constitution, he joked, arguing it must be interpreted as the framers originally understood it.In The Living Constitution, leading constitutional scholar David Strauss forcefully argues against the claims of Scalia, Clarence Thomas, Robert Bork, and other originalists, explaining in clear, jargon-free English how the Constitution can sensibly evolve, without falling into the anything-goes flexibility caricatured by opponents. The living Constitution is not an out-of-touch liberal theory, Strauss further shows, but a mainstream tradition of American jurisprudence--a common-law approach to the Constitution, rooted in the written document but also based on precedent. Each generation has contributed precedents that guide and confine judicial rulings, yet allow us to meet the demands of today, not force us to follow the commands of the long-dead Founders. Strauss explores how judicial decisions adapted the Constitution's text (and contradicted original intent) to produce some of our most profound accomplishments: the end of racial segregation, the expansion of women's rights, and the freedom of speech. By contrast, originalism suffers from fatal flaws: the impossibility of truly divining original intent, the difficulty of adapting eighteenth-century understandings to the modern world, and the pointlessness of chaining ourselves to decisions made centuries ago.David Strauss is one of our leading authorities on Constitutional law--one with practical knowledge as well, having served as Assistant Solicitor General of the United States and argued eighteen cases before the United States Supreme Court. Now he offers a profound new understanding of how the Constitution can remain vital to life in the twenty-first century.

Letter from the Birmingham Jail


Martin Luther King Jr. - 1963
    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.

Original Intent: The Courts, the Constitution, & Religion


David Barton - 1996
    Filled with hundreds of the Founders' quotes revealing their beliefs on the role of religion in public affairs, the proper role of the courts, the intended limited scope of federal powers, and numberous other current issues.

TSOG: The Thing That Ate the Constitution


Robert Anton Wilson - 2002
    have a drug TSAR(!) who proudly destroys millions of lives and bullies the governments of the rest of the world into prosecuting an insane war on [some] drugs? How did a Nazi spy come to have an enormous influence on current U.S. foreign policy? Will the 'war on terrorism' put the last nail in the coffin of YOUR rights? Would Hannibal Lecter make a better president that George W. Bush?Bob's keen wit skewers those who are forcing us all into slavery, and warns us that there is little time left. How long will it be before Bob's books are banned as 'literary terrorism'?

Preliminary Materials for a Theory of the Young-Girl


Tiqqun - 1999
    She is the figure of total integration in a disintegrating social totality.--from " Theory of the Young-Girl"First published in France in 1999, "Preliminary Materials for a Theory of the Young-Girl" dissects the impossibility of love under Empire. The Young-Girl is consumer society's total product and model citizen: whatever "type" of Young-Girl she may embody, whether by whim or concerted performance, " she can only seduce by consuming." Filled with the language of French women's magazines, rooted in Proust's figure of Albertine and the amusing misery of (teenage) romance in Witold Gombrowicz's Ferdydurke, and informed by Pierre Klossowski's notion of "living currency" and libidinal economy, " Preliminary Materials for a Theory of the Young-Girl" diagnoses -- and makes visible -- a phenomenon that is so ubiquitous as to have become transparent.In the years since the book's first publication in French, the worlds of fashion, shopping, seduction plans, makeover projects, and eating disorders have moved beyond the comparatively tame domain of paper magazines into the perpetual accessibility of Internet culture. Here the Young-Girl can seek her own reflection in corporate universals and social media exchanges of "personalities" within the impersonal realm of the marketplace. Tracing consumer society's colonization of youth and sexuality through the Young-Girl's "freedom" (in magazine terms) to do whatever she wants with her body, Tiqqun exposes the rapaciously competitive and psychically ruinous landscape of modern love.

Qur'an and Woman: Rereading the Sacred Text from a Woman's Perspective


Amina Wadud - 1992
    A pro-faith attempt by a Muslim woman to present a comprehensive, female-inclusive reading of the Qur'an, the sacred Islamic text.