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The Origins of American Constitutionalism
In The Origins of American Constitutionalism, Donald S. Lutz challenges the prevailing notion that the United States Constitution was either essentially inherited from the British or simply invented by the Federalists in the summer of 1787. His political theory of constitutionalism acknowledges the contributions of the British and the Federalists. Lutz also asserts, however, that the U.S. Constitution derives in form and content from a tradition of American colonial characters and documents of political foundation that began a century and a half prior to 1787. Lutz builds his argument around a close textual analysis of such documents as the Mayflower Compact, the Fundamental Orders of Connec...
A Preface to American Political Theory
Donald Lutz begins A Preface to American Political Theory by explaining what the book doesn't do. It doesn't begin with a panegyric to the American founding. It doesn't answer the following questions: "What are the basic principles in the U.S. Constitution? What were the intentions of the founders with respect to (fill in your own topic)? What is the meaning of pluralism, or separation of powers, or democracy, or (fill in your own concept)?" In short, it doesn't provide an overview of the content, development, or major conclusions of American political theory. What it does do is provide "a pre-theoretical analysis of how to go about studying questions like the ones above-how to conceptualize...
Principles of Constitutional Design
This book is written for anyone, anywhere sitting down to write a constitution. The book is designed to be educative for even those not engaged directly in constitutional design but who would like to come to a better understanding of the nature and problems of constitutionalism and its fundamental building blocks - especially popular sovereignty and the separation of powers. Rather than a 'how-to-do-it' book that explains what to do in the sense of where one should end up, it instead explains where to begin - how to go about thinking about constitutions and constitutional design before sitting down to write anything. Still, it is possible, using the detailed indexes found in the book, to determine the level of popular sovereignty one has designed into a proposed constitution and how to balance it with an approximate, appropriate level of separation of powers to enhance long-term stability.
Colonial Origins of the American Constitution
Presents 80 documents selected to reflect Eric Voegelin's theory that in Western civilization basic political symbolizations tend to be variants of the original symbolization of Judeo-Christian religious tradition. These documents demonstrate the continuity of symbols preceding the writing of the Constitution and all contain a number of basic symbols such as: a constitution as higher law, popular sovereignty, legislative supremacy, the deliberative process, and a virtuous people. Annotation copyrighted by Book News, Inc., Portland, OR
Responding to Imperfection
An increasing number of constitutional theorists, within both the legal academy and university departments of government, are focusing on the conceptual and political problems attached to the notion of constitutional amendment. Amendments are, among other things, recognitions of the imperfection of existing schemes of government. The relative ease or difficulty of amendment has significant implications for the ways that governments respond to problems that call either for new structures of governance or new powers for already established structures. This book brings together essays by leading legal authorities and political scientists on a range of questions from whether the U.S. Constitutio...
Political Theory and Partisan Politics
Political theorists typically define political action in terms of rational potential rather than conflict, and for this reason neglect the partisan nature of political experience. This volume redresses this neglect, focusing on the interrelated questions of whether the task of political theory is to find some means of containing partisan politics and whether political theory is itself separate from partisan politics. Each section of the book corresponds to one of three ways of conceiving the optimal or necessary relationship between political theory and partisan political struggle. The first section considers the extent to which partisan politics requires constitutional consensus and the deg...
Presidents and Assemblies
In recent years renewed attention has been directed to the importance of the role of institutional design in democratic politics. Particular interest has concerned constitutional design and the relative merits of parliamentary versus presidential systems. In this book, the authors systematically assess the strengths and weaknesses of various forms of presidential systems, drawing on recent developments in the theoretical literature about institutional design and electoral rules. They develop a typology of democratic regimes structured around the separation of powers principle, including two hybrid forms, the premier-presidential and president-parliamentary systems, and they evaluate a number of alternative ways of balancing powers between the branches within these basic frameworks. They also demonstrate that electoral rules are critically important in determining how political authority is exercised.
Roots of the Republic
Roots of the Republic shows how the Constitution was a product, not simply of the Constitutional Convention in 1787, but of a legal and philosophical tradition almost two centuries old. The editors have selected eighteen key documents in the development of that tradition and reproduced them with essays that explain what they mean, why they were written, and why they are important today. Each key document is accompanied by an interpretive essay written by a contemporary scholar. These essays focus on the importance of each frame of government and include commentaries on why they are meaningful today. Intended to help readers learn how to read and understand these documents, the book is also a handy reference and a strong introduction to the development of political thought and the debates surrounding the formation of the state governments and the federal union.
