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Democracy in Moderation views constitutional liberal democracy as
grounded in a principle of avoiding extremes and striking the right
balance among its defining principles of liberty, equality,
religion, and sustainable order, thus tempering tendencies toward
sectarian excess. Such moderation originally informed liberal
democracy, but now is neglected. Moderation can guide us
intellectually and practically about domestic and foreign policy
debates, but also serve the sustainability of the constitutional,
liberal republic as a whole. Our recent theory thus doesn't help
our practice, given our concerns about polarization and
sectarianism in ideas, policy, and politics. A rediscovery of
Montesquieu and his legacy in shaping America's complex political
order, including influence on Washington's practical moderation and
Tocqueville's philosophical moderation, addresses these enduring
theoretical and practical problems. Moderation also offers a deeper
theory of leadership or statesmanship, particularly regarding
religion and politics, and of foreign policy and strategy rooted in
liberal democracy's first principles.
Revised and updated, this long-awaited second edition provides a
comprehensive introduction to what the most thoughtful Americans
have said about the American experience from the colonial period to
the present. The book examines the political thought of the most
important American statesmen, activists, and writers across era and
ideologies, helping another generation of students, scholars, and
citizens to understand more fully the meaning of America. This new
second edition of the book includes chapters on several additional
historical figures, including Walt Whitman, Lyndon Baines Johnson,
and Ronald Reagan, as well as a new chapter on Barack Obama, who
was not prominent in public life when the first edition was
published. Significant revisions and additions have also been made
to many of the original chapters, most notably on Antonin Scalia,
which now updates his full legacy, increasing the breadth and depth
of the collection.
How did the US judiciary become so powerful-powerful enough that
state and federal judges once vied to decide a presidential
election? What does this prominence mean for the law,
constitutionalism, and liberal democracy? In The Cloaking of Power,
Paul O. Carrese provides a provocative analysis of the intellectual
sources of today's powerful judiciary, arguing that Montesquieu, in
his Spirit of the Laws, first articulated a new conception of the
separation of powers and strong but subtle courts. Montesquieu
instructed statesmen to "cloak power" by placing judges at the
center of politics, while concealing them behind juries and subtle
reforms. Tracing this conception through Blackstone, Hamilton, and
Tocqueville, Carrese shows how it led to the prominence of judges,
courts, and lawyers in America today. But he places the blame for
contemporary judicial activism squarely at the feet of Oliver
Wendell Holmes Jr. and his jurisprudential revolution, which he
believes to be the source of the now - prevalent view that judging
is merely political. To address this crisis, Carrese argues for a
rediscovery of an independent judiciary - one that blends prudence
and natural law with common law and that observes the moderate
jurisprudence of Montesquieu and Blackstone, balancing abstract
principles with realistic views of human nature and institutions.
He also advocates for a return to the complex constitutionalism of
the American founders and Tocqueville and for judges who understand
their responsibility to elevate citizens above individualism,
instructing them in law and right.
Revised and updated, this long-awaited second edition provides a
comprehensive introduction to what the most thoughtful Americans
have said about the American experience from the colonial period to
the present. The book examines the political thought of the most
important American statesmen, activists, and writers across era and
ideologies, helping another generation of students, scholars, and
citizens to understand more fully the meaning of America. This new
second edition of the book includes chapters on several additional
historical figures, including Walt Whitman, Lyndon Baines Johnson,
and Ronald Reagan, as well as a new chapter on Barack Obama, who
was not prominent in public life when the first edition was
published. Significant revisions and additions have also been made
to many of the original chapters, most notably on Antonin Scalia,
which now updates his full legacy, increasing the breadth and depth
of the collection.
Democracy in Moderation views constitutional liberal democracy as
grounded in a principle of avoiding extremes and striking the right
balance among its defining principles of liberty, equality,
religion, and sustainable order, thus tempering tendencies toward
sectarian excess. Such moderation originally informed liberal
democracy, but now is neglected. Moderation can guide us
intellectually and practically about domestic and foreign policy
debates, but also serve the sustainability of the constitutional,
liberal republic as a whole. Our recent theory thus doesn't help
our practice, given our concerns about polarization and
sectarianism in ideas, policy, and politics. A rediscovery of
Montesquieu and his legacy in shaping America's complex political
order, including influence on Washington's practical moderation and
Tocqueville's philosophical moderation, addresses these enduring
theoretical and practical problems. Moderation also offers a deeper
theory of leadership or statesmanship, particularly regarding
religion and politics, and of foreign policy and strategy rooted in
liberal democracy's first principles.
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