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This is a work of constitutional theory that explores the nature of American constitutional interpretation through a reconsideration of the long-standing debate between the interpretive theories of originalism and nonoriginalism. The book presents the novel argument that a critique of the underlying premises of originalism dissolves not just originalism but nonoriginalism as well, which leads to the recognition that constitutional interpretation is already and always structured. By their fidelity to the Constitution, Americans are a textual people in that they live in and through the terms of a fundamental text. On the basis of this central idea, the book presents a new understanding of constitutional interpretation and an innovative account of the democratic legitimacy and binding capacity of the Constitution.
Knowing and History charts the development of Hegelian philosophy of history in France from the 1930s through the postwar period, and critically assesses its significance for an understanding of our cultural present and of the possibilities for making meaning out of change over time. Michael Roth provides detailed analyses of the works of three of the most important Hegelian thinkers: Jean Hyppolite, Alexandre Kojève, and Eric Weil. These philosophers turned to history as the source of truths and criteria of judgment: they forged connections between history and knowing as a means of confronting key modem philosophical problems, and of engaging their contemporary political concerns. By the 1...
The first major scholarly defense of the centrality of the Framers' intentions in constitutional interpretation to appear in years.
The state of Iowa is largely unappreciated and often misunderstood. It has a small population and sits in the middle of a huge country. It’s thought of as an uninspiring place full of farms and fields of corn. But Iowa represents America as surely as New York and California, and Iowa’s history is more dynamic, complicated, and influential than commonly imagined. Jeff Bremer’s A New History of Iowa offers the most comprehensive history of the Hawkeye State ever written, surveying Iowa from the last ice age through the COVID-19 pandemic. It tells a new and vibrant story, examining the state’s small-town culture, politics, social and economic development, and its many diverse inhabitant...
This comprehensive introduction to the ministry of chaplaincy brings together three authors who oversee three of the leading chaplaincy programs in the United States. Written from an evangelical perspective, the book covers the foundations of chaplaincy and surveys specific types of chaplaincy work. In the first half of the book, the authors delve into the history of chaplaincy work as well as its biblical, theological, and philosophical foundations. They introduce students to important topics such as endorsement, placement, and the constitutional and legal parameters of such work. They also consider the person of the chaplain and the understanding of chaplaincy as Christian ministry. In the second half of the book, the authors bring together expert contributors to survey ten specific contexts for chaplaincy work, such as education, healthcare, the military, corporations, prisons, public safety, and sports, and they explore the future of chaplaincy. This book will be an invaluable resource for students of chaplaincy.
The book provides a comprehensive, definitive account of the history of the international indigenous rights movement, culminating in the UN's adoption of a Declaration on the Rights of indigenous peoples. This account reveals for the first time the diversity of agendas and argument advanced by advocates split broadly between northern and southern movements. Based on this political history, the book presents a new way of interpreting and implementing the Declaration -a method that is true to the aspirations of the movements in the Declaration negotiations and coherent and compelling in the context of implementation. This method also assists in clarifying, with more certainty than other methods, the meaning of indigenous peoples for the purposes of international law.
The book challenges all formalist accounts of legal interpretation and offers an 'informal' alternative.
A clearly written and accessible explanation of the Supreme Court's same-sex marriage decision, its reasoning, and the consequences and controversies surrounding it.
Though Americans rarely appreciate it, federalism has profoundly shaped their nation’s past, present, and future. Federalism—the division of government authority between the national government and the states—affects the prosperity, security, and daily life of every American. In this nuanced and comprehensive overview, David Brian Robertson shows that past choices shape present circumstances, and that a deep understanding of American government, public policy, political processes, and society requires an understanding of the key steps in federalism’s evolution in American history. The most spectacular political conflicts in American history have been fought on the battlefield of fede...
Donald Trump won a significant victory in Iowa in 2016. Although Iowa was carried by Barack Obama in 2008 and 2012, Trump won the popular vote in 93 of its 99 counties, 32 of which were carried by Obama in 2012. What explains this significant victory, in which a third of Iowa’s counties were flipped? Through a mixed-methods approach, this volume demonstrates that Trump’s electoral victory was shaped by three key factors: firstly, the electorate’s desire for “change” in Washington, D.C.; secondly, Trump’s successful appeals to both the Republican base and white, working-class voters who had previously supported Barack Obama; and thirdly, Iowa’s conservative ideological tendency regarding immigration and race. While contributing to emerging literature on the 2016 presidential elections, this book also serves to aid educators with a published resource on Iowa's electoral politics.