By reminding readers that early Supreme Court justices refused to reduce the Constitution to a mere legal document, Approaching the U.S. Constitution provides a definitive response to Reading Law by Antonin Scalia and Bryan Garner. Turning to the vision of Alexander Hamilton found in Federalists No. 78, Hunter argues that rather than seeing the judiciary as America's legal guardian, Hamilton looked to independent individuals of integrity on the judiciary to be the nation's collective conscience. For Hamilton, the judiciary's authority over the legislature does not derive from positive law but is extra-legal by 'design' and is purely moral. By emphasizing the legal expertise of judges alone, individuals such as Justice Scalia mistakenly demand that judges exercise no human ethical judgment whatsoever. Yet the more this happens, the more the "rule of law" is replaced by the rule of lawyers. Legal sophistry becomes the primary currency wherewith society's ethical and moral questions are resolved. Moreover, the alleged neutrality of legal analysis is deceptive with its claims of judicial modesty. It is not only undemocratic, it is dictatorial and highly elitist. Public debate over questions of fairness is replaced by an exclusive legalistic debate between lawyers over what is legal. The more Scalia and Garner realize their agenda, the more all appeals to what is moral will be effectively removed from political debate. 'Conservatives' lament the 'removing God from the classroom,' by 'liberals,' yet if the advocates of legalism get their way, God will be effectively removed from the polis altogether. The answer to preserving both separation of powers and the American commitment to unalienable human rights is to view the Supreme Court in the same way early founders such as Hamilton did and in the way President Abraham Lincoln urged. The Court's most important function in exercising the power of judicial review is to serve as the nation's conscience just as it did in Brown v. Board of Education.

Protecting the natural environment and promoting environmental sustainability have become important objectives for U.S. policymakers and public administrators at the dawn of the twenty-first century. Institutions of American government, especially at the federal level, and the public administrators who work inside of those institutions, play a crucial role in developing and implementing environmental sustainability policies. This book explores these salient issues logically. First, it explores fundamental concepts such as what it means to be environmentally sustainable, how economic issues affect environmental policy, and the philosophical schools of thought about what policies ought to be considered sustainable. From there, it focuses on processes and institutions affecting public administration and its role in the policy process. Accordingly, it summarizes the rise of the administrative state in the United States and then reviews the development of federal environmental laws and policies with an emphasis on late twentieth century developments. This book also discusses the evolution of American environmentalism by outlining the history of the environmental movement and the growth of the environmental lobby. Finally, this book synthesizes the information to discuss how public administration can promote environmental sustainability.

The second edition of Democracy for All: Educator's Manual is aimed at young people, adults, students and teachers. The books explain how the international community understands democracy, and explores what democracy means to each of us. Democracy for All also explains how government works in a democracy, how the abuse of power is checked, how human rights support democracy, how democratic elections take place, and how citizens can participate in democracy. The objectives of the book are: To improve students' understanding of the fundamental principles and values underlying democracy in society; To promote awareness of the current issues and controversies relating to democracy; To show students that their participation can make a difference to how democracy functions in their country; To foster justice, tolerance and fairness; To develop students' willingness and ability to resolve disputes and differences without resorting to violence; To improve basic skills, including critical thinking and reasoning, communication, observation and problem-solving. Democracy for All uses a variety of student-centred activities, including case studies, role-plays, simulations, small-group discussions, opinion polls and debates. Democracy for All: Educator's Manual explains how the lessons in the Learner's Manual can be conducted and provides solutions to the problems.

This book] provides the kind of scholarly resource that educated citizens need to think for themselves, a rich digest of primary sources documenting--in their own words--the views, motives, and intentions of the Framers, historic commentators, legislators, and judiciary who have debated the right to keep and bear arms from the origins of our republic. "Preston K. Covey, Carnegie Mellon University "

Beginning with its origins in the English Civil War, Clayton Cramer traces the development in the United States of the right to keep and bear arms--through the Constitutional Convention, the ratification debates that followed, its inclusion by Congress in the Bill of Rights, to the present controversy over gun control. This book provides important background, analysis, documentation, and perspective for the ongoing national debate over arms.

Ideal for introductory courses, Current Debates in American Government presents over 50 lively readings drawn from major news sources including: The Economist, The Washington Post, NPR News, The New York Times, and The New Yorker. The authors selected these readings to introduce students to key debates in American politics and to help them better understand how these issues and debates affect their own lives.

Reprint of first edition (1896). "The following pages contain a condensed statement and exposition of the accepted canons and rules for the construction and interpretation of the written laws, whether constitutional or statutory. In accordance with the general plan of the Hornbook Series, these rules have been formulated somewhat after the manner of a code, expressed in brief black-letter paragraphs numbered consecutively throughout the book, and explained, developed, and illustrated in the text." --Preface, iii.HENRY CAMPBELL BLACK [1860-1927] was also the author of the standard American law dictionary, A Dictionary of Law Containing Definitions of the Terms and Phrases of American and English Jurisprudence, Ancient and Modern Including the Principal Terms of International, Constitutional, and Commercial Law, first published in 1891, and other works.

After the 2011 uprisings started in Tunisia and swept across the Arab region, more than a dozen countries amended their constitutions, the greatest concentration of constitutional reform processes since the end of the Cold War. This book provides a detailed account and analysis of all of these developments. Individual accounts are provided of eight different reform processes (including Tunisia, Egypt, Libya, Yemen and Sudan), with particular focus on the historical context, the political dynamics, the particular process that each country followed and the substantive outcome. Zaid Al-Ali deconstructs the popular demands that were made in 2011 and translates them into a series of specific actions that would have led to freer societies and a better functioning state. A revolution did not take place in 2011, but it is inevitably part of the region's future and Arab Constitutionalism explores what that revolution could look like.

Tracing the political, ideological, and constitutional arguments from the imperial crisis with Britain and the drafting of the Articles of Confederation to the ratification of the Constitution and the political conflict between Federalists and Jeffersonians, The American Revolution, State Sovereignty, and the American Constitutional Settlement, 1765-1800 reveals the largely forgotten importance of state sovereignty to American constitutionalism. Contrary to modern popular perceptions and works by other academics, the Founding Fathers did not establish a constitutional system based upon a national popular sovereignty nor a powerful national government designed to fulfill a grand philosophical purpose. Instead, most Americans throughout the period maintained that a constitutional order based upon the sovereignty of states best protected and preserved liberty. Enshrining their preference for state sovereignty in Article II of the Articles of Confederation and in the Tenth and Eleventh Amendments to the federal constitution, Americans also claimed that state interposition-the idea that the states should intervene against any perceived threats to liberty posed by centralization-was an established and accepted element of state sovereignty.

The discrepancy between the fourteenth amendment's true meaning as originally understood, and the Supreme Court's interpretation of its meaning over time, has been dramatic and unfortunate. The amendment was intended to be a constitutional rule for the promotion and protection of people's rights, administered by the states as front-line regulators of life, liberty, and property, to be overseen by Congress and supported by federal legislation as necessary. In this book, William B. Glidden makes the case that instead, the amendment has operated as a judge-dominated, negative rights-against-government regime, supervised by the Supreme Court. Whenever Congress has enacted legislation to protect life, liberty, or property rights of people in the states, the laws were often overturned, narrowly construed, or forced to rely on the power of Congress to regulate interstate commerce, under the Supreme Court's constraining interpretations. Glidden proposes that Congress must recover for itself or be restored to its proper role as the designated federal enforcement agency for the fourteenth amendment.

Speaking to today's flourishing conversations on both law, morality, and religion, and the religious foundations of law, politics, and society, Common Law and Natural Law in America is an ambitious four-hundred-year narrative and fresh re-assessment of the varied American interactions of 'common law', the stuff of courtrooms, and 'natural law', a law built on human reason, nature, and the mind or will of God. It offers a counter-narrative to the dominant story of common law and natural law by drawing widely from theological and philosophical accounts of natural law, as well as primary and secondary work in legal and intellectual history. With consequences for today's natural-law proponents and critics alike, it explores the thought of the Puritans, Revolutionary Americans, and seminal legal figures including William Blackstone, Joseph Story, Christopher Columbus Langdell, Oliver Wendell Holmes, and the legal realists.

An up-to-date, all-encompassing, and nonpartisan presentation of questions and answers about the U.S. Constitution and its amendments-an invaluable tool for readers regardless of their political orientation. Readers will easily grasp the foundations and purposes of the U.S. Constitution-and the critical importance and implications of its amendments-through a series of questions and answers about constitutional topics. The work proceeds logically, covering each article, section, and amendment, explaining how each constitutional change over history affects earlier parts of the document. Created as an approachable, introductory book for high school and college students as well as general readers, The United States Constitution: Questions and Answers, Second Edition is an effective learning tool when read from start to finish, or when used to focus on and research specific constitutional provisions of interest. Its extensively updated and revised coverage since the first edition includes many key cases and serves to direct paramount attention to the constitutional document itself. Provides thoroughly revised information through the latest term of the U.S. Supreme Court Presents unique insights and perspective from the author's wide-ranging research and previous publications on the subject Ideal for students researching specific constitutional topics or engaged in academic competitions regarding the Constitution as well as general readers interested in following and better understanding contemporary political issues

Constitutionalism in the Americas unites the work of leading scholars of constitutional law, comparative law and Latin American and U.S. constitutional law to provide a critical and provocative look at the state of constitutional law across the Americas today. The diverse chapters employ a variety of methodologies ? empirical, historical, philosophical and textual analysis ? in the effort to provide a comprehensive look at a generation of constitutional change across two continents. The authors document surprising changes, including the relative decline in the importance of U.S. constitutional jurisprudence outside U.S. borders and the growing exchange of Latin American constitutional thought with Europe and beyond. Accompanying commentary elaborates on the role of constitutional law in global changes in political, social and economic power and influence. The chapters also prompt thinking about a wide range of topics important not just in the Americas, but across the world, including the challenges and implications of using legal transplants and, conversely, the utility and potential of borrowing and adapting constitutional and other legal models to different realities. This book is useful not only for advanced students of constitutional law and theory but also for students new to the area and eager to tap into the newest thinking about constitutional law and law-making in the Americas and elsewhere. Contributors include: D. Bonilla Maldonado, J. Couso, C. Crawford, J.L. Esquirol, R. Gargarella, T. Ginsburg, T.K. Hernandez, D. Landau, D.S. Law, F. Nicola, F. Pou Gimenez

"The FLOTUS Effect" emphasizes the import of agency on the part of Michelle Obama in relation to her politics as evidenced in her positionality and presence as the first African American woman to serve as First Lady of the United States of America. Her occupation of a previously white space and place tended to frame her as an enigma in the American mind and media. Contributors reflect on Mrs. Obama’s eight years in her ceremonial position, and the ways she chose to uniquely embody her role. Hence, the result is a volume that speculates upon her evolving legacy, and the likely “effects” of what it meant to be the first African-American woman to serve in the ceremonial, yet powerful, role of FLOTUS.

This book makes the unconventional claim that all of the rights in the U.S. Constitution are unified since they are derived from the same sources. Using the U.S. Supreme Court's controversial decision of Kelo v. City of New London to explore one of the most important constitutional questions of our time, this book reaches across disciplines and subfields to bring forth an innovative understanding of rights. The book derives its understanding of rights from historical sources and philosophical texts which then serve as the basis for the empirically backed claim that rights in U.S. have been sacrificed for partisan gain and that the unbiased protection of rights is the only manner in which a free and equitable government and economy can be sustained. Given the theoretical and practical implications of the property rights debate, understanding it is important for everyone in the U.S. and abroad.