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We the People, Volume 2 - Transformations (Paperback, Revised)
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We the People, Volume 2 - Transformations (Paperback, Revised)
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Constitutional change, seemingly so orderly, formal, and refined,
has in fact been a revolutionary process from the first, as Bruce
Ackerman makes clear in We the People: Transformations. The
Founding Fathers, hardly the genteel conservatives of myth, set
America on a remarkable course of revolutionary disruption and
constitutional creativity that endures to this day. After the
bloody sacrifices of the Civil War, Abraham Lincoln and the
Republican Party revolutionized the traditional system of
constitutional amendment as they put principles of liberty and
equality into higher law. Another wrenching transformation occurred
during the Great Depression, when Franklin Roosevelt and his New
Dealers vindicated a new vision of activist government against an
assault by the Supreme Court. These are the crucial episodes in
American constitutional history that Ackerman takes up in this
second volume of a trilogy hailed as "one of the most important
contributions to American constitutional thought in the last
half-century" (Cass Sunstein, New Republic). In each case he shows
how the American people--whether led by the Founding Federalists or
the Lincoln Republicans or the Roosevelt Democrats--have confronted
the Constitution in its moments of great crisis with dramatic acts
of upheaval, always in the name of popular sovereignty. A
thoroughly new way of understanding constitutional development, We
the People: Transformations reveals how America's "dualist
democracy" provides for these populist upheavals that amend the
Constitution, often without formalities. The book also sets
contemporary events, such as the Reagan Revolution and Roe v. Wade,
in deeper constitutional perspective. In this context Ackerman
exposes basic constitutional problems inherited from the New Deal
Revolution and exacerbated by the Reagan Revolution, then considers
the fundamental reforms that might resolve them. A bold challenge
to formalist and fundamentalist views, this volume demonstrates
that ongoing struggle over America's national identity, rather than
consensus, marks its constitutional history.
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