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This book examines the right to a neutral and detached
decisionmaker as interpreted by the U.S. Supreme Court. This right
resides in the Constitution's Fifth Amendment and Fourteenth
Amendment guarantees to procedural due process and in the Sixth
Amendment's promise of an impartial jury. Supreme Court cases on
these topics are the vehicles to understand how these
constitutional rights have come alive. First, the book surveys the
right to an impartial jury in criminal cases by telling the stories
of defendants whose convictions were overturned after they were the
victims of prejudicial pretrial publicity, mob justice, and
discriminatory jury selection. Next, the book articulates how our
modern notion of judicial impartiality was forged by the Court
striking down cases where judges were bribed, where they had other
direct financial stakes in the outcome of the case, and where a
judge decided the case of a major campaign supporter. Finally, the
book traces the development of the right to a neutral decisionmaker
in quasi-judicial, non-court settings, including cases involving
parole revocation, medical license review, mental health
commitments, prison discipline, and enemy combatants. Each chapter
begins with the typically shocking facts of these cases being
retold, and each chapter ends with a critical examination of the
Supreme Court's ultimate decisions in these cases.
As the notoriously reluctant author of the Bill of Rights, James
Madison has had a profound influence on the American government and
legal system. This original study examines Madison's writings and
speeches to explain his views of human nature and his political
philosophy. Politicians, scholars, and even Supreme Court justices
often look to Madison's broader body of work for guidance when
interpreting the Bill of Rights. Here, Kasper presents an unusually
thorough explanation of Madison's vision of the Bill of Rights in
the context of his complete body of political thought.Unlike other
studies of Madison, To Secure the Liberty of the People not only
explores the breadth and depth of Madison's own writings, it also
presents a thoughtful look at the philosophers and writers who
influenced the Father of the Bill of Rights. Additionally, and
perhaps most valuably, Kasper provides a unique examination of
modern era Supreme Court justices and the ways in which they have
correctly or incorrectly cited Madison and his original intent in
their own opinions. This fascinating analysis shows the enduring
vibrancy of Madison's thought--even when misinterpreted--and his
ongoing importance in American political thought. Legal historians,
legal scholars, and political scientists will find satisfying new
perspectives on Madison in this impeccably researched book.
The U.S. Constitution is often depicted in popular films, teaching
lessons about what this founding document means and what it
requires. Mr. Smith Goes to Washington educates how a bill becomes
a law. 12 Angry Men informs us about the rights of the accused.
Selma explores the importance of civil rights, voting rights, and
the freedom of speech. Lincoln shows us how to amend the
Constitution. Not only have films like these been used to teach
viewers about the Constitution; they also express the political
beliefs of directors, producers, and actors, and they have been a
reflection of what the public thinks generally, true or not, about
the meaning of the Constitution. From the indictment of Warren
Court rulings in Dirty Harry to the defense of the freedom of the
press in All the President's Men and The Post, filmmakers are often
putting their stamp on what they believe the Constitution should
mean and protect. These films can serve as a catalyst for
nationwide conversations about the Constitution and as a way of
either reinforcing or undermining the constitutional orthodoxies of
their time. Put another way, these films are both symbols and
products of the political tug of war over the interpretation of our
nation's blueprint for government and politics. To the contemporary
student and the casual reader, popular films serve as an
understandable way to explain the Constitution. This book examines
several different areas of the Constitution to illuminate how films
in each area have tried to engage the document and teach the viewer
something about it. We expose myths where they exist in film, draw
conclusions about how Hollywood's constitutional lessons have
changed over time, and ultimately compare these films to what the
Constitution says and how the U.S. Supreme Court has interpreted
it. Given the ever-present discussion of the Constitution in
American politics and its importance to the structure of the U.S.
government and citizens' rights, there is no question that the
popular perceptions of the document and how people acquire these
perceptions are important and timely.
This book examines the right to a neutral and detached
decisionmaker as interpreted by the U.S. Supreme Court. This right
resides in the Constitution's Fifth Amendment and Fourteenth
Amendment guarantees to procedural due process and in the Sixth
Amendment's promise of an impartial jury. Supreme Court cases on
these topics are the vehicles to understand how these
constitutional rights have come alive. First, the book surveys the
right to an impartial jury in criminal cases by telling the stories
of defendants whose convictions were overturned after they were the
victims of prejudicial pretrial publicity, mob justice, and
discriminatory jury selection. Next, the book articulates how our
modern notion of judicial impartiality was forged by the Court
striking down cases where judges were bribed, where they had other
direct financial stakes in the outcome of the case, and where a
judge decided the case of a major campaign supporter. Finally, the
book traces the development of the right to a neutral decisionmaker
in quasi-judicial, non-court settings, including cases involving
parole revocation, medical license review, mental health
commitments, prison discipline, and enemy combatants. Each chapter
begins with the typically shocking facts of these cases being
retold, and each chapter ends with a critical examination of the
Supreme Court's ultimate decisions in these cases.
Niccolo Machiavelli's The Prince remains an influential book more
than five centuries after he wrote his timeless classic. However,
the political philosophy expressed by Machiavelli in his tome is
often misunderstood. Although he thought humans to be rational,
self-interested creatures, and even though he proposed an approach
to politics in which the ends justify the means, Machiavelli was
not, as some have argued, simply "a teacher of evil." The Prince's
many ancient and medieval examples, while relevant to sixteenth
century readers, are lost on most of today's students of
Machiavelli. Examples from modern films and television programs,
which are more familiar and understandable to contemporary readers,
provide a better way to accurately teach Machiavelli's lessons.
Indeed, modern media, such as Breaking Bad, The Godfather, The
Walking Dead, Charlie Wilson's War, House of Cards, Argo, and The
Departed, are replete with illustrations that teach Machiavelli's
critical principles, including the need to caress or annihilate,
learning "how not to be good," why it is better to be feared than
loved, and how to act as both the lion and the fox. Modern media
are used in this book to exemplify the tactics Machiavelli
advocated and to comprehensively demonstrate that Machiavelli
intended for government actors and those exercising power in other
contexts to fight for a greater good and strive to achieve glory.
Music has prehistoric roots and has throughout history been shown
to have a significant effect on humankind. Under this premise, our
book explains how music has been used in American presidential
campaigns during the country's history. We describe the ways that
song use has evolved over the last two centuries, including how
initial campaign songs took existing music and added new lyrics,
how music became more and more intertwined with the campaigns and
their messages in the nineteenth century, how campaign songs are
now largely taken from existing popular music tunes, and how the
Internet is quickly changing music's relationship to presidential
campaigns. Ours is ultimately a book about the use of music and
American political development, as it describes how political
transformations such as America's changing party structure and
technological advancements like radio have affected music's use in
presidential campaigns.
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