the upside down constitution

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The Upside Down Constitution

Author : Michael S. Greve
ISBN : 9780674063228
Genre : Political Science
File Size : 38. 96 MB
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The Constitution’s vision of federalism in which local, state, and federal government compete to satisfy preferences of individuals has given way to a cooperative, cartelized federalism that enables interest groups to leverage power at every level for their own benefit. Greve traces this inversion and dispels much received wisdom along the way.

Originalism Federalism And The American Constitutional Enterprise

Author : Edward A. Purcell
ISBN : 0300122039
Genre : Political Science
File Size : 42. 86 MB
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In this lively historical examination of American federalism, a leading scholar in the field refutes the widely accepted notion that the founding fathers carefully crafted a constitutional balance of power between the states and the federal government. Edward A. Purcell Jr. bases his argument on close analysis of the Constitution’s original structure and the ways that structure both induced and accommodated changes over the centuries. There was no clear agreement among the founding fathers regarding the "true” nature of American federalism, Purcell contends, nor was there a consensus on "correct” lines dividing state and national authority. Furthermore, even had there been some true "original” understanding, the elastic and dynamic nature of the constitutional structure would have made it impossible for subsequent generations to maintain any "original” or permanent balance. The author traces the evolution of federalism through the centuries, focusing particularly on shifting interpretations founded on political interests. He concludes with insights into current issues of federal power and a discussion of the grounds on which legitimate decisions about federal and state power should rest.

The Classical Liberal Constitution

Author : Richard A. Epstein
ISBN : 9780674726499
Genre : Law
File Size : 24. 45 MB
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American liberals and conservatives alike take for granted a progressive view of the Constitution that took root in the early twentieth century. Richard Epstein laments this complacency which, he believes, explains America's current economic malaise and political gridlock. Steering clear of well-worn debates between defenders of originalism and proponents of a living Constitution, Epstein employs close textual reading, historical analysis, and political and economic theory to urge a return to the classical liberal theory of governance that animated the framers' original constitutional design. Grounded in the thought of Locke, Hume, Madison, and other Enlightenment figures, classical liberalism emphasized federalism, restricted government, separation of powers, and strong protection of individual rights. New Deal progressives challenged this synthesis by embracing government as a force for social good rather than a necessary evil. The Supreme Court has unwisely ratified the progressive program by sustaining many legislative initiatives at odds with the classical liberal Constitution. Epstein addresses both the Constitution's structural safeguards against state power and its protection of individual rights. He sheds light on contemporary disputes ranging from presidential prerogatives to health care legislation, while exploring such enduring topics as judicial review, economic regulation, freedom of speech and religion, and equal protection.

The Second Amendment

Author : Michael Waldman
ISBN : 9781476747460
Genre : History
File Size : 72. 74 MB
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Widely acclaimed at the time of its publication, the life story of the most controversial, volatile, misunderstood provision of the Bill of Rights. At a time of increasing gun violence in America, Waldman’s book provoked a wide range of discussion. This book looks at history to provide some surprising, illuminating answers. The Amendment was written to calm public fear that the new national government would crush the state militias made up of all (white) adult men—who were required to own a gun to serve. Waldman recounts the raucous public debate that has surrounded the amendment from its inception to the present. As the country spread to the Western frontier, violence spread too. But through it all, gun control was abundant. In the twentieth century, with Prohibition and gangsterism, the first federal control laws were passed. In all four separate times the Supreme Court ruled against a constitutional right to own a gun. The present debate picked up in the 1970s—part of a backlash to the liberal 1960s and a resurgence of libertarianism. A newly radicalized NRA entered the campaign to oppose gun control and elevate the status of an obscure constitutional provision. In 2008, in a case that reached the Court after a focused drive by conservative lawyers, the US Supreme Court ruled for the first time that the Constitution protects an individual right to gun ownership. Famous for his theory of “originalism,” Justice Antonin Scalia twisted it in this instance to base his argument on contemporary conditions. In The Second Amendment: A Biography, Michael Waldman shows that our view of the amendment is set, at each stage, not by a pristine constitutional text, but by the push and pull, the rough and tumble of political advocacy and public agitation.

The Fallacies Of States Rights

Author : Sotirios A. Barber
ISBN : 9780674067967
Genre : Political Science
File Size : 29. 44 MB
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Barber shows how arguments for states’ rights from John C. Calhoun to the present offend common sense, logic, and bedrock constitutional principles. The Constitution is a charter of positive benefits, not a contract among separate sovereigns whose function is to protect people from the central government, when there are greater dangers to confront.

Prakriti Your Ayurvedic Constitution

Author : Robert E. Svoboda
ISBN : 8120818407
Genre : Medicine, Ayurvedic
File Size : 41. 55 MB
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This book is based on Ayurveda, the ancient healing science of India, by a Westerner first ever to obtain a degree in Ayurveda. It is meant to reintroduce modern man to Walking With Naked Feet through life to come back into contact with Nature. Although centuries old the concept of individual constitution is a new concept for the modern mind, a new way for all of us to understand out `relationship` with nature.

Symposia

Author :
ISBN : OCLC:950901914
Genre : Jurisprudence
File Size : 35. 67 MB
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