Our Lost Constitution

Our Lost Constitution
Author: Mike Lee
Pages: 256
ISBN: 9780698189201
Available:
Release: 2015-04-07
Editor: Penguin
Language: en

Explanation of the Book:

The still-unfolding story of America’s Constitution is a history of heroes and villains—the flawed visionaries who inspired and crafted liberty’s safeguards, and the shortsighted opportunists who defied them. Those stories are known by few today. In Our Lost Constitution, Senator Mike Lee tells the dramatic, little-known stories behind six of the Constitution’s most indispensible provisions. He shows their rise. He shows their fall. And he makes vividly clear how nearly every abuse of federal power today is rooted in neglect of this Lost Constitution. For example: • The Origination Clause says that all bills to raise taxes must originate in the House of Representatives, but contempt for the clause ensured the passage of Obamacare. • The Fourth Amendment protects us against unreasonable searches and seizures, but the NSA now collects our private data without a warrant. • The Legislative Powers Clause means that only Congress can pass laws, but unelected agencies now produce ninety-nine out of every one hundred pages of legal rules imposed on the American people. Lee’s cast of characters includes a former Ku Klux Klansman, who hijacked the Establishment Clause to strangle Catholic schools; the Chief Justice of the Supreme Court, who called the Second Amendment a fraud; and the revered president who began his first of four terms by threating to shatter the balance of power between Congress and the president, and who began his second term by vowing to do the same to the Supreme Court. Fortunately, the Constitution has always had its defenders. Senator Lee tells the story of how Andrew Jackson, noted for his courage in duels and politics, stood firm against the unconstitutional expansion of federal powers. He brings to life Ben Franklin’s genius for compromise at a deeply divided constitutional convention. And he tells how in 2008, a couple of unlikely challengers persuaded the Supreme Court to rediscover the Second Amendment’s right to keep and bear arms. Sections of the Constitution may have been forgotten, but it’s not too late to bring them back—if only we remember why we once demanded them and how we later lost them. Drawing on his experience working in all three branches of government, Senator Lee makes a bold case for resurrecting the Lost Constitution to restore and defend our fundamental liberties.

Restoring the Lost Constitution

Restoring the Lost Constitution
Author: Randy E. Barnett
Pages: 448
ISBN: 9780691159737
Available:
Release: 2013-11-24
Editor: Princeton University Press
Language: en

Explanation of the Book:

The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost. Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a "presumption of liberty" to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people. As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond. This updated edition features an afterword with further reflections on individual popular sovereignty, originalist interpretation, judicial engagement, and the gravitational force that original meaning has exerted on the Supreme Court in several recent cases.

Our Lost Constitution

Our Lost Constitution
Author: Anonim
Pages: 329
ISBN: 1336225785
Available:
Release: 2015
Editor: Unknown
Language: en

Explanation of the Book:

Our Lost Declaration

Our Lost Declaration
Author: Mike Lee
Pages: 240
ISBN: 9780525538578
Available:
Release: 2019-04-23
Editor: Penguin
Language: en

Explanation of the Book:

New York Times bestselling author and committed constitutional conservative Senator Mike Lee reveals the little-known stories behind the Founder's takedown of a tyrannical king and the forgotten document that created America. There is perhaps no more powerful sentence in human history, written in Philadelphia in the oppressively hot summer of 1776: "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness." Despite the earth-shattering power of Jefferson's simple sentence and the document in which it is found, many Americans today don't understand or appreciate the Declaration's gravity. As a result, we have lost touch with much of what makes our country so special: the distinctly American belief in the dignity of every human soul. Our nation was born in an act of rebellion against an all-powerful government. In Our Lost Declaration, Senator Mike Lee tells the dramatic, little-known stories of the offenses committed by the British crown against its own subjects. From London's attempts to shut down colonial legislatures to hauling John Hancock before a court without a jury, the abuses of a strong central government were felt far and wide. They spurred our Founders to risk their lives in defense of their rights, and their efforts established a vision of political freedom that would change the course of history. Lee shares new insights into the personalities who shaped that vision, such as: • Thomas Paine, a populist radical who nearly died making his voyage from Great Britain to the colonies before writing his revolutionary pamphlet, Common Sense. • Edmund Randolph, who defied his Loyalist family and served in the Virginia convention that voted for independence • Thomas Jefferson, who persevered through a debilitating health crisis to pen the document that would officially begin the American experiment. Senator Lee makes vividly clear how many abuses of federal power today are rooted in neglect of the Declaration, including federal overreach that corrupts state legislatures, the judicial system, and even international trade. By rediscovering the Declaration, we can remind our leaders in Washington D.C. that they serve us--not the other way around.

Clarence Thomas and the Lost Constitution

Clarence Thomas and the Lost Constitution
Author: Myron Magnet
Pages: 168
ISBN: 9781641770538
Available:
Release: 2019-05-07
Editor: Encounter Books
Language: en

Explanation of the Book:

When Clarence Thomas joined the Supreme Court in 1991, he found with dismay that it was interpreting a very different Constitution from the one the framers had written—the one that had established a federal government manned by the people’s own elected representatives, charged with protecting citizens’ inborn rights while leaving them free to work out their individual happiness themselves, in their families, communities, and states. He found that his predecessors on the Court were complicit in the first step of this transformation, when in the 1870s they defanged the Civil War amendments intended to give full citizenship to his fellow black Americans. In the next generation, Woodrow Wilson, dismissing the framers and their work as obsolete, set out to replace laws made by the people’s representatives with rules made by highly educated, modern, supposedly nonpartisan “experts,” an idea Franklin Roosevelt supersized in the New Deal agencies that he acknowledged had no constitutional warrant. Then, under Chief Justice Earl Warren in the 1950s and 1960s, the Nine set about realizing Wilson’s dream of a Supreme Court sitting as a permanent constitutional convention, conjuring up laws out of smoke and mirrors and justifying them as expressions of the spirit of the age. But Thomas, who joined the Court after eight years running one of the myriad administrative agencies that the Great Society had piled on top of FDR’s batch, had deep misgivings about the new governmental order. He shared the framers’ vision of free, self-governing citizens forging their own fate. And from his own experience growing up in segregated Savannah, flirting with and rejecting black radicalism at college, and running an agency that supposedly advanced equality, he doubted that unelected experts and justices really did understand the moral arc of the universe better than the people themselves, or that the rules and rulings they issued made lives better rather than worse. So in the hundreds of opinions he has written in more than a quarter century on the Court—the most important of them explained in these pages in clear, non-lawyerly language—he has questioned the constitutional underpinnings of the new order and tried to restore the limited, self-governing original one, as more legitimate, more just, and more free than the one that grew up in its stead. The Court now seems set to move down the trail he blazed. A free, self-governing nation needs independent-minded, self-reliant citizens, and Thomas’s biography, vividly recounted here, produced just the kind of character that the founders assumed would always mark Americans. America’s future depends on the power of its culture and institutions to form ever more citizens of this stamp.

Creating the Administrative Constitution

Creating the Administrative Constitution
Author: Jerry L. Mashaw
Pages: 448
ISBN: 9780300183474
Available:
Release: 2012-06-26
Editor: Yale University Press
Language: en

Explanation of the Book:

This groundbreaking book is the first to look at administration and administrative law in the earliest days of the American republic. Contrary to conventional understandings, Mashaw demonstrates that from the very beginning Congress delegated vast discretion to administrative officials and armed them with extrajudicial adjudicatory, rulemaking, and enforcement authority. The legislative and administrative practices of the U.S. Constitution’s first century created an administrative constitution hardly hinted at in its formal text. Beyond describing a history that has previously gone largely unexamined, this book, in the author’s words, will "demonstrate that there has been no precipitous fall from a historical position of separation-of-powers grace to a position of compromise; there is not a new administrative constitution whose legitimacy should be understood as not only contestable but deeply problematic."

The Lost Constitution

The Lost Constitution
Author: William Martin
Pages: 512
ISBN: 1429910887
Available:
Release: 2007-05-15
Editor: Forge Books
Language: en

Explanation of the Book:

Rare-book expert Peter Fallon and his girlfriend, Evangeline, the main characters from Back Bay and Harvard Yard, are back for another treasure hunt through time. They have learned of an early, annotated draft of the Constitution, stolen and smuggled out of Philadelphia. The draft's marginal notes spell out, in shocking detail, the Founders' unequivocal intentions---the unmistakable meaning of the Bill of Rights. Peddled and purloined, trafficked and concealed for over two centuries, the lost Constitution could forever change America's history---and its future. Moreover, Congress is already at war, fighting tooth and claw over the eternally contentious Bill of Rights. When word gets out of the lost draft's existence, it launches a frenzied search, as both sides of the partisan machine believe it will reinforce their arguments. While battling politicians from both sides of the debate, Peter and Evangeline must get to the document first, because they know that if the wrong people find it, they will burn it, stripping the nation of its constitutional moorings. The search takes Peter and Evangeline into the rich history of America and New England, from Shay's Rebellion to the birth of the American industrial revolution to the march of the legendary 20th Maine in the Civil War. Past and present play off one another as the search for the draft heats up. It finally boils over on the first night of the World Series, at that Mecca of New England, Boston's fabled Fenway Park, and the truth is finally revealed.... At the Publisher's request, this title is being sold without Digital Rights Management Software (DRM) applied.

The Athenian Constitution

The Athenian Constitution
Author: Aristotle
Pages: 208
ISBN: 9780141913308
Available:
Release: 2004-07-01
Editor: Penguin UK
Language: en

Explanation of the Book:

Probably written by a student of Aristotle, The Athenian Constitution is both a history and an analysis of Athens' political machinery between the seventh and fourth centuries BC, which stands as a model of democracy at a time when city-states lived under differing kinds of government. The writer recounts the major reforms of Solon, the rule of the tyrant Pisistratus and his sons, the emergence of the democracy in which power was shared by all free male citizens, and the leadership of Pericles and the demagogues who followed him. He goes on to examine the city's administration in his own time - the council, the officials and the judicial system. For its information on Athens' development and how the democracy worked, The Athenian Constitution is an invaluable source of knowledge about the Athenian city-state.

Originalism and the Good Constitution

Originalism and the Good Constitution
Author: John O. McGinnis,Michael B. Rappaport
Pages: 308
ISBN: 9780674726260
Available:
Release: 2013-11-01
Editor: Harvard University Press
Language: en

Explanation of the Book:

Originalism holds that the U.S. Constitution should be interpreted according to its meaning at the time it was enacted. In their innovative defense of originalism, John McGinnis and Michael Rappaport maintain that the text of the Constitution should be adhered to by the Supreme Court because it was enacted by supermajorities--both its original enactment under Article VII and subsequent Amendments under Article V. A text approved by supermajorities has special value in a democracy because it has unusually wide support and thus tends to maximize the welfare of the greatest number. The authors recognize and respond to many possible objections. Does originalism perpetuate the dead hand of the past? How can originalism be justified, given the exclusion of African Americans and women from the Constitution and many of its subsequent Amendments? What is originalism's place in interpretation, after two hundred years of non-originalist precedent? A fascinating counterfactual they pose is this: had the Supreme Court not interpreted the Constitution so freely, perhaps the nation would have resorted to the Article V amendment process more often and with greater effect. Their book will be an important contribution to the literature on originalism, now the most prominent theory of constitutional interpretation.

A Constitution of Many Minds

A Constitution of Many Minds
Author: Cass R. Sunstein
Pages: 240
ISBN: 9781400829927
Available:
Release: 2009-01-19
Editor: Princeton University Press
Language: en

Explanation of the Book:

The future of the U.S. Supreme Court hangs in the balance like never before. Will conservatives or liberals succeed in remaking the court in their own image? In A Constitution of Many Minds, acclaimed law scholar Cass Sunstein proposes a bold new way of interpreting the Constitution, one that respects the Constitution's text and history but also refuses to view the document as frozen in time. Exploring hot-button issues ranging from presidential power to same-sex relations to gun rights, Sunstein shows how the meaning of the Constitution is reestablished in every generation as new social commitments and ideas compel us to reassess our fundamental beliefs. He focuses on three approaches to the Constitution--traditionalism, which grounds the document's meaning in long-standing social practices, not necessarily in the views of the founding generation; populism, which insists that judges should respect contemporary public opinion; and cosmopolitanism, which looks at how foreign courts address constitutional questions, and which suggests that the meaning of the Constitution turns on what other nations do. Sunstein demonstrates that in all three contexts a "many minds" argument is at work--put simply, better decisions result when many points of view are considered. He makes sense of the intense debates surrounding these approaches, revealing their strengths and weaknesses, and sketches the contexts in which each provides a legitimate basis for interpreting the Constitution today. This book illuminates the underpinnings of constitutionalism itself, and shows that ours is indeed a Constitution, not of any particular generation, but of many minds.

Why American History Is Not What They Say

Why American History Is Not What They Say
Author: Anonim
Pages: 329
ISBN: 9781610163040
Available:
Release: 2021
Editor: Ludwig von Mises Institute
Language: en

Explanation of the Book:

The Words That Made Us

The Words That Made Us
Author: Akhil Reed Amar
Pages: 832
ISBN: 9780465096367
Available:
Release: 2021-05-04
Editor: Basic Books
Language: en

Explanation of the Book:

A history of the American Constitution's formative decades from a preeminent legal scholar When the US Constitution won popular approval in 1788, it was the culmination of thirty years of passionate argument over the nature of government. But ratification hardly ended the conversation. For the next half century, ordinary Americans and statesmen alike continued to wrestle with weighty questions in the halls of government and in the pages of newspapers. Should the nation's borders be expanded? Should America allow slavery to spread westward? What rights should Indian nations hold? What was the proper role of the judicial branch? In The Words that Made Us, Akhil Reed Amar unites history and law in a vivid narrative of the biggest constitutional questions early Americans confronted, and he expertly assesses the answers they offered. His account of the document's origins and consolidation is a guide for anyone seeking to properly understand America's Constitution today.

Our Republican Constitution

Our Republican Constitution
Author: Randy E. Barnett
Pages: 320
ISBN: 9780062412300
Available:
Release: 2016-04-19
Editor: HarperCollins
Language: en

Explanation of the Book:

A concise history of the long struggle between two fundamentally opposing constitutional traditions, from one of the nation’s leading constitutional scholars—a manifesto for renewing our constitutional republic. The Constitution of the United States begins with the words: “We the People.” But from the earliest days of the American republic, there have been two competing notions of “the People,” which lead to two very different visions of the Constitution. Those who view “We the People” collectively think popular sovereignty resides in the people as a group, which leads them to favor a “democratic” constitution that allows the “will of the people” to be expressed by majority rule. In contrast, those who think popular sovereignty resides in the people as individuals contend that a “republican” constitution is needed to secure the pre-existing inalienable rights of “We the People,” each and every one, against abuses by the majority. In Our Republican Constitution, renowned legal scholar Randy E. Barnett tells the fascinating story of how this debate arose shortly after the Revolution, leading to the adoption of a new and innovative “republican” constitution; and how the struggle over slavery led to its completion by a newly formed Republican Party. Yet soon thereafter, progressive academics and activists urged the courts to remake our Republican Constitution into a democratic one by ignoring key passes of its text. Eventually, the courts complied. Drawing from his deep knowledge of constitutional law and history, as well as his experience litigating on behalf of medical marijuana and against Obamacare, Barnett explains why “We the People” would greatly benefit from the renewal of our Republican Constitution, and how this can be accomplished in the courts and the political arena.

Have You Lost Sight on What God Wants

Have You Lost Sight on What God Wants
Author: Dianne L. Milner
Pages: 40
ISBN: 1499708637
Available:
Release: 2014-05-22
Editor: CreateSpace
Language: en

Explanation of the Book:

God wants all His children to receive His blessings and to have eternal life. So it is up to you to keep your sight on what God wants and expects from you; a child of God. As Christians, it is up to us to glorify God's name through our works. There are so many things God has called us to do, but are we really doing what we are supposed to do?

Constitution of India

Constitution of India
Author: K. N. Chaturvedi,Ministry of Law India
Pages: 472
ISBN: 1508615233
Available:
Release: 2015-02-24
Editor: CreateSpace
Language: en

Explanation of the Book:

The Constitution of India.By the Ministry of Law and Justice, The Govt. of India. Good book to possess.

Understanding Clarence Thomas

Understanding Clarence Thomas
Author: Ralph A. Rossum
Pages: 295
ISBN: 0700619488
Available:
Release: 2014
Editor: Unknown
Language: en

Explanation of the Book:

The first thorough, well-documented, and fair-minded evaluation of Justice Thomas's 500 written opinions during 25 years on the Supreme Court, and, the most complete examination of his consistent original general meaning approach to constitutional interpretation.

If I Only Had a Brain

If I Only Had a Brain
Author: Colette Ann Finney
Pages: 232
ISBN: 148111638X
Available:
Release: 2016-04-30
Editor: Createspace Independent Publishing Platform
Language: en

Explanation of the Book:

"Now Dorothy dear, stop imagining things. You always get yourself in a fret over nothing," echoes the infamous script in the mind of a woman battling for her life. Conveying a clever parallel to the beloved "Wizard of Oz," she shares a dramatic personal journey in a desperate search for a "wizard," while finding her purpose along the way. In a story of surrender and survival, the author is immersed within an eclectic cast of characters, revealing a fascinating account with ingenuity, humor, and passion. By the time you reach the end of this engaging book, you will feel inspired to overcome any obstacle and empowered enough to set forth on a journey of renewal towards your own "heart's desire."

Constitution

Constitution
Author: Nick Webb
Pages: 372
ISBN: 151476993X
Available:
Release: 2015-06-29
Editor: Createspace Independent Publishing Platform
Language: en

Explanation of the Book:

75 years ago, an alien fleet attacked Earth. Without warning. Without mercy. We were not prepared. Then the aliens abruptly left. We rebuilt. We armed ourselves. We swore: never again. The aliens never came back ... until now ... It's the year 2650. With overwhelming force the aliens have returned, striking deep into our territory, sending Earth into a panic. Our new ships burn like straw. All our careful preparations are wasted. Only one man, one crew, and the oldest starship in the fleet stand between the Earth and certain destruction: ISS Constitution.

MS

MS
Author: Michael Magee
Pages: 90
ISBN: 1881471209
Available:
Release: 2003
Editor: Unknown
Language: en

Explanation of the Book:

Stuttering turns into syncopation in this edgily engaging collocation of accents, attitudes, occasions. The poems in MS are provocative, certainly without idealization, the dollars-and-cents context of our grainy American dream. Mike Magees detailed optical-ocular orbiting effects--other-wise / waning or adroitly loitering--make reading this collection a constant surprise.--Susan Howe

The Cult of the Constitution

The Cult of the Constitution
Author: Mary Anne Franks
Pages: 272
ISBN: 1503614980
Available:
Release: 2020-09-08
Editor: Unknown
Language: en

Explanation of the Book:

In this controversial and provocative book, Mary Anne Franks examines the thin line between constitutional fidelity and constitutional fundamentalism. The Cult of the Constitution reveals how deep fundamentalist strains in both conservative and liberal American thought keep the Constitution in the service of white male supremacy. Constitutional fundamentalists read the Constitution selectively and self-servingly. Fundamentalist interpretations of the Constitution elevate certain constitutional rights above all others, benefit the most powerful members of society, and undermine the integrity of the document as a whole. The conservative fetish for the Second Amendment (enforced by groups such as the NRA) provides an obvious example of constitutional fundamentalism; the liberal fetish for the First Amendment (enforced by groups such as the ACLU) is less obvious but no less influential. Economic and civil libertarianism have increasingly merged to produce a deregulatory, "free-market" approach to constitutional rights that achieves fullest expression in the idealization of the Internet. The worship of guns, speech, and the Internet in the name of the Constitution has blurred the boundaries between conduct and speech and between veneration and violence. But the Constitution itself contains the antidote to fundamentalism. The Cult of the Constitution lays bare the dark, antidemocratic consequences of constitutional fundamentalism and urges readers to take the Constitution seriously, not selectively.