Ours is an age of growing doubt about constitutional theory and of outright hostility to any theory that defends judicial review. Why should a tiny number of unelected judges be able to validate or invalidate laws on such politically controversial issues as abortion, religion, gender, and sex-or even determine how the president is elected? In this provocative book, a leading constitutional theorist offers an entirely original defense of judicial review. Louis Michael Seidman argues that judicial review is defensible if we set aside common but erroneous assumptions-that constitutional law should be independent from our political commitments and that the role of constitutional law is to settle political disagreement. Seidman develops a theory of "unsettlement." A constitution that unsettles, that destabilizes outcomes produced by the political process, creates no permanent losers nursing deep-seated grievances, he says. An "unsettling" constitution helps to build a community founded on consent by enticing losers into a continuing conversation. The author applies this theory to an array of well-known cases heard by the Supreme Court over the past several decades, including the fall 2000 election decision.

The events of 1968 have been seen as a decisive turning point in the Western world. The author takes a critical look at "May 1968" and questions whether the events were in fact as "revolutionary" as French and foreign commentators have indicated. He concludes the student movement changed little that had not already been challenged and altered in the late fifties and early sixties. The workers' strikes led to fewer working hours and higher wages, but these reforms reflected the secular demands of the French labor movement. "May 1968" was remarkable not because of the actual transformations it wrought but rather by virtue of the revolutionary power that much of the media and most scholars have attributed to it and which turned it into a symbol of a youthful, renewed, and freer society in France and beyond.

" the book] offers a meticulouos and appropriately dispassionate account of the French events of May 1968. Contributing to a more complete picture of what occurred, the book would be worthwhile reading in courses on comparative experiences of the 1960s." . Journal of Modern History "All and all, this is a terrific book written in a lively narrative. Seidman provides us with a breadth and depth of knowledge and a balanced analysis that make his version of May 1968 usable for scholarly study as well as for the classroom." . H-France Review The events of 1968 have been seen as a decisive turning point in the Western world of even mythical significance. The author takes a critical look at "May 1968" and questions whether the events were in fact as "revolutionary" as French and foreign commentators have indicated. His conclusions are rather more ambivalent: culturally, he argues, the student movement changed little that had not already been challenged and altered in the late fifties and early sixties. The workers' strikes led to fewer working hours and higher wages, but these reforms reflected the secular demands of the French labor movement. "May 1968" was remarkable not because of the actual transformations it wrought but rather by virtue of the revolutionary power that much of the media and most scholars have attributed to it and which turned it into a symbol of a youthful, renewed, and freer society in France and beyond. Michael Seidman received his Ph.D. from the University of Amsterdam. He is the author of Workers against Work: Labor in Barcelona and Paris during the Popular Fronts, (1991) (Japanese translation, 1998) and of Republic of Egos: A Social History of the Spanish Civil War, (2002) (Spanish translation, 2003. He currently teaches at the University of North Carolina-Wilmington.

The prominent constitutional law scholar's fascinating (and yes, mind-boggling) argument that we don't need the Constitution after all For some, to oppose the Constitution is to oppose the American experiment itself. But leading constitutional scholar Louis Michael Seidman argues that our founding document has long passed its "sell-by" date. It might sound crazy, but Seidman's arguments are both powerful and, well, convincing. As Seidman shows, constitutional skepticism and disobedience have been present from the beginning of American history, even worming their way into the Federalist Papers. And, as Seidman also points out, no one alive today has agreed to be bound by these rules. In From Parchment to Dust, Seidman offers a brief history of the phenomenon of constitutional skepticism and then proceeds to a masterful takedown of our most cherished, constitutionally enshrined institutions and beliefs, from the Supreme Court ("an arrogant elite in robes"), to the very concepts of civil rights, due process, and equal protection-all of which he argues are just pretenses for preserving a fundamentally rigged and inequitable status quo. Rather than rely on the specific wording of a flawed and outdated document, rife with "Madison's mistakes," Seidman proposes instead a version that better reflects our shared values, and leaves it to people currently alive to determine how these values will play out in contemporary society. From Parchment to Dust is a short, sharp, and iconoclastic book questioning the value (and ultimately the hypocrisy) of embracing the Constitution-which, after all, was written more than 230 years ago-as our moral and political lodestar.

"You have the right to remain silent." These words, drawn from the Supreme Court's famous decision in Miranda v. Arizona, have had a tremendous impact on the public imagination. But what a strange right this is. Of all the activities that are especially worthy of protection, that define us as human beings, foster human potential, and symbolize human ambition, why privilege silence? This thoughtful and iconoclastic book argues that silence can be an expression of freedom. A defiant silence demonstrates determination, courage, and will. Martyrs from a variety of faith traditions have given up their lives rather than renounce their god. During the Vietnam era, thousands of anonymous draft resisters refused to take the military oath that was a prelude to participating in what they believed was an immoral war. These silences speak to us. They are a manifestation of connection, commitment, and meaning. This link between silence and freedom is apparent in a variety of different contexts, which Seidman examines individually, including silence and apology, silence and self-incrimination, silence and interrogation, silence and torture, and silence and death. In discussing the problem of apology, for example, the author argues that although apology plays a crucial role in maintaining the illusion of human connection, the right to not apologize is equally crucial. Similarly, prohibition against torture-so prominent in national debate since the events of Guantanamo and Abu Ghraib-is best understood as a right to silence, essential in preserving the distinction between mind and body on which human freedom depends.

What would the Framers of the Constitution make of multinational corporations? Nuclear weapons? Gay marriage? They led a preindustrial country, much of it dependent on slave labor, huddled on the Atlantic seaboard. The Founders saw society as essentially hierarchical, led naturally by landed gentry like themselves. Yet we still obey their commands, two centuries and one civil war later. According to Louis Michael Seidman, it's time to stop. In On Constitutional Disobedience, Seidman argues that, in order to bring our basic law up to date, it needs benign neglect. This is a highly controversial assertion. The doctrine of "original intent" may be found on the far right, but the entire political spectrum-left and right-shares a deep reverence for the Constitution. And yet, Seidman reminds us, disobedience is the original intent of the Constitution. The Philadelphia convention had gathered to amend the Articles of Confederation, not toss them out and start afresh. The "living Constitution" school tries to bridge the gap between the framers and ourselves by reinterpreting the text in light of modern society's demands. But this attempt is doomed, Seidman argues. One might stretch "due process of law" to protect an act of same-sex sodomy, yet a loyal-but-contemporary reading cannot erase the fact that the Constitution allows a candidate who lost the popular election to be seated as president. And that is only one of the gross violations of popular will enshrined in the document. Seidman systematically addresses and refutes the arguments in favor of Constitutional fealty, proposing instead that it be treated as inspiration, not a set of commands. The Constitution is, at its best, a piece of poetry to liberty and self-government. If we treat it as such, the author argues, we will make better progress in achieving both.

Antifascism has received little attention compared to its enemy. No historian or social scientist has previously attempted to define its nature and history - yet antifascism became perhaps the most powerful ideology of the twentieth century. Michael Seidman fills this gap by providing the first comprehensive study of antifascisms in Spain, France, the UK, and USA, with new interpretations of the Spanish Civil War, French Popular Front, and Second World War. He shows how two types of antifascism - revolutionary and counterrevolutionary - developed from 1936 to 1945. Revolutionary antifascism dominated the Spanish Republic during its civil war and re-emerged in Eastern Europe at the end of World War II. By contrast, counterrevolutionary antifascists were hegemonic in France, Britain, and the USA. In Western Europe, they restored conservative republics or constitutional monarchies based on Enlightenment principles. This innovative examination of antifascism will interest a wide range of scholars and students of twentieth-century history.

Designed as a supplement for constitutional law courses and seminars, Seidman and Tushnet use examples drawn from the popular press, public discussion and law articles to show how and why constitutional debate has evolved into the political conundrum it's become.

After 20 years of research, leading otolaryngologist Dr. Michael Seidman has developed a breakthrough all natural alternative treatment program to battle hearing loss safely and effectively. Using a specifi c combination of antioxidants, diet, exercise, and basic lifestyle changes, Dr. Seidman's program can help to prevent--and possibly reverse--hearing loss. The book offers a simple self-assessment test that identifies the type, severity, and prognosis of hearing loss, comprehensive advice on diet and supplements, and natural remedies and important lifestyle changes that can make a difference. This is the ultimate resource providing answers--and hope--to the millions of hearing impaired.

Antifascism has received little attention compared to its enemy. No historian or social scientist has previously attempted to define its nature and history - yet antifascism became perhaps the most powerful ideology of the twentieth century. Michael Seidman fills this gap by providing the first comprehensive study of antifascisms in Spain, France, the UK, and USA, with new interpretations of the Spanish Civil War, French Popular Front, and Second World War. He shows how two types of antifascism - revolutionary and counterrevolutionary - developed from 1936 to 1945. Revolutionary antifascism dominated the Spanish Republic during its civil war and re-emerged in Eastern Europe at the end of World War II. By contrast, counterrevolutionary antifascists were hegemonic in France, Britain, and the USA. In Western Europe, they restored conservative republics or constitutional monarchies based on Enlightenment principles. This innovative examination of antifascism will interest a wide range of scholars and students of twentieth-century history.

This groundbreaking history of the Spanish Civil War (1936-39) examines how General Francisco Franco and his Nationalist forces managed state finance and economic production, and mobilized support from elites and middle-class Spaniards, to achieve their eventual victory over Spanish Republicans and the revolutionary left. The Spanish Nationalists are exceptional among counter-revolutionary movements of the twentieth century, Michael Seidman demonstrates, because they avoided the inflation and shortages of food and military supplies that stymied not only their Republican adversaries but also their counterrevolutionary counterparts - the Russian Whites and Chinese Nationalists. He documents how Franco's highly repressive and tightly controlled regime produced food for troops and civilians; regular pay for soldiers, farmers, and factory workers; and protection of property rights for both large and small landowners. These factors, combined with the Nationalists' pro-Catholic and anti-Jewish propaganda, reinforced solidarity in the Nationalist zone. Seidman concludes that, unlike the victorious Spanish Nationalists, the Russian and Chinese bourgeoisie were weakened by the economic and social upheaval of the two world wars and succumbed in each case to the surging revolutionary left.

Most histories of the Spanish Civil War (1936-1939) have examined major leaders or well-established political and social groups to explore class, gender and ideological struggles. The war in Spain was marked by momentous conflicts between democracy and dictatorship, communism and fascism, anarchism and authoritarianism, and catholicism and anticlericalism that still provoke our fascination. In this title, Michael Seidman focuses instead on the personal and individual experiences of the common men and women who were actors in a struggle that defined a generation and helped to shape our world. By examining the roles of anonymous individuals, families and small groups who fought for their own interest and survival - and not necessarily for an abstract or revolutionary cause - the author reveals a powerful but rarely considered pressure on the outcome of history. He shows how price controls and inflation in the Republican Zone encouraged peasant hoarding, black marketing and unrest among urban workers. Soldiers of the Republican Army responded to material shortages by looting, deserting and fraternizing with the enemy. Seidman's focus on average, seemingly nonpolitical individuals provides a new vision of both the experience and outcome of the war.