Freedom and the Rule of Law takes a critical look at the historical beginnings of law in the United States, and how that history has influenced current trends regarding law and freedom. Anthony Peacock has compiled articles that examine the relationship between freedom and the rule of law in America. Although this is a theme that has been a perennial one since America's founding, it is also one of particular importance today, and this book explains how history makes this apparent. The rule of law is fundamental to all liberal constitutional regimes whose political orders recognize the equal natural rights of all, and whose purpose is to protect those natural rights in addition to the general welfare. The rule of law was essential to achieving both of these ends and to reconciling them where necessary. But just how free is America today? It was certainly within the contemplation of the Founders that the federal judiciary would have a significant role in interpreting the Constitution, federal laws, and treaties, but it would be difficult to argue that those who framed and ratified the Constitution contemplated a role for the courts, particularly for the United States Supreme Court, of the magnitude they have today. The writers take the reader far back into history to the very roots of American Law by examining the English common law roots that provided the foundation for the rule of law in America. This book explores these phenomena and other recent developments in American freedom through history.

This is the third and final volume in the series on American political thought edited by Ronald J. Pestritto and Thomas G. West. The book addresses how the major themes in American political thought-identified in the first two books of the series-have played out in the world of modern American politics. The first volume focused on the founding era, and examined the prevalence of social-compact theory among the founders and implications of that theory for the design of American institutions. The second volume examined the major challenges that nineteenth-century thought posed to the political ideas of the founding, and suggested that these challenges created tensions that would significantly affect the development of American politics in the twentieth century and beyond. In Modern America and the Legacy of the Founding, the authors address these fundamental tensions: how does modern America resolve the inherent conflict between the original constitutional order and the challenges posed by modern liberalism? The authors look at the contemporary effects of this fundamental tension on questions of foreign policy and domestic policy, and on questions of our national political institutions and the ideas that shape them today.

For much of the second half of the twentieth century, America's courts--state and federal--have injected themselves into what many critics consider to be fundamentally moral or political disputes. By constitutionalizing these disputes, many feel that the courts have reduced the ability of Americans to engage in traditional, political modes of settling differences over issues that excite particular passion. While legal discourse is well suited to choosing decisive winners and losers, political discourse is perhaps more conducive to reasonable compromise and accommodation. In Courts and the Culture Wars Bradley C. S. Watson has brought together some of America's most distinguished names in constitutional theory and practice to consider the impact of judicial engagement in the moral, religious, and cultural realms--including such issues as school prayer, abortion, gay rights, and expressive speech.

This is the third and final volume in the series on American political thought edited by Ronald J. Pestritto and Thomas G. West. The book addresses how the major themes in American political thought_identified in the first two books of the series_have played out in the world of modern American politics. The first volume focused on the founding era, and examined the prevalence of social-compact theory among the founders and implications of that theory for the design of American institutions. The second volume examined the major challenges that nineteenth-century thought posed to the political ideas of the founding, and suggested that these challenges created tensions that would significantly affect the development of American politics in the twentieth century and beyond. In Modern America and the Legacy of the Founding, the authors address these fundamental tensions: how does modern America resolve the inherent conflict between the original constitutional order and the challenges posed by modern liberalism? The authors look at the contemporary effects of this fundamental tension on questions of foreign policy and domestic policy, and on questions of our national political institutions and the ideas that shape them today.

For much of the second half of the twentieth century, America's courts--state and federal--have injected themselves into what many critics consider to be fundamentally moral or political disputes. By constitutionalizing these disputes, many feel that the courts have reduced the ability of Americans to engage in traditional, political modes of settling differences over issues that excite particular passion. While legal discourse is well suited to choosing decisive winners and losers, political discourse is perhaps more conducive to reasonable compromise and accommodation. In Courts and the Culture Wars Bradley C. S. Watson has brought together some of America's most distinguished names in constitutional theory and practice to consider the impact of judicial engagement in the moral, religious, and cultural realms--including such issues as school prayer, abortion, gay rights, and expressive speech.

This collection of essays by prominent American and French scholars explores the political, cultural, and social implications of the most fundamentally formative modern event, the French Revolution. The contributors contend that the vocabulary and spirit of the French Revolution has exercised greater influence on the modern world than the more moderate and by all appearances more successful American Revolution. The Legacy of the French Revolution delineates the distinctive characters of the American and French revolutions and analyzes the different variants of democratic political traditions that have evolved from this seminal event. This book will be of particular interest to political theorists, political historians, and students of democratic theory.