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The Anti-Oligarchy Constitution
A bold call to reclaim an American tradition that argues the Constitution imposes a duty on government to fight oligarchy and ensure broadly shared wealth. Oligarchy is a threat to the American republic. When too much economic and political power is concentrated in too few hands, we risk losing the Òrepublican form of governmentÓ the Constitution requires. Today, courts enforce the Constitution as if it has almost nothing to say about this threat. But as Joseph Fishkin and William Forbath show in this revolutionary retelling of constitutional history, a commitment to prevent oligarchy once stood at the center of a robust tradition in American political and constitutional thought. Fishkin a...
The Anti-Oligarchy Constitution
“Eminently readable, and anybody who cares about the future of American democracy in these perilous times can only hope that it will be widely read and carefully considered.” —James Pope, Washington Post “Fishkin and Forbath’s accessible work serves as both history lesson and political playbook, offering the Left an underutilized—and perhaps counterintuitive—tool in the present-day fight against social and economic injustice: the Constitution.” —Benjamin Morse, Jacobin “Rousing and authoritative...attempt[s] to recover the Constitution’s pivotal role in shaping claims of justice and equality...Makes even the present court’s capture by the ideological right a compellin...
Bottlenecks
Equal opportunity is a powerful idea, and one with extremely broad appeal in contemporary politics, political theory, and law. But what does it mean? On close examination, the most attractive existing conceptions of equal opportunity turn out to be impossible to achieve in practice, or even in theory. As long as families are free to raise their children differently, no two people's opportunities will be equal; nor is it possible to disentangle someone's abilities or talents from her background advantages and disadvantages. Moreover, given different abilities and disabilities, different people need different opportunities, confounding most ways of imagining what counts as "equal." Bottlenecks...
First Amendment Institutions
Addressing a host of hot-button issues, from the barring of Christian student groups and military recruiters from law schools and universities to churches’ immunity from civil rights legislation in hiring and firing ministers, Paul Horwitz proposes a radical reformation of First Amendment law. Arguing that rigidly doctrinal approaches can’t account for messy, real-world situations, he suggests that the courts loosen their reins and let those institutions with a stake in First Amendment freedoms do more of the work of enforcing them. Universities, the press, libraries, churches, and various other institutions and associations are a fundamental part of the infrastructure of public discours...
Review Journal of Political Philosophy Vol. 12
This journal has been discontinued. Any issues are available to purchase separately.
Constitutional Morality and the Rise of Quasi-Law
Americans are increasingly ruled by an unwritten constitution consisting of executive orders, signing statements, and other forms of quasi-law that lack the predictability and consistency essential for the legal system to function properly. As a result, the U.S. Constitution no longer means what it says to the people it is supposed to govern, and the government no longer acts according to the rule of law. These developments can be traced back to a change in “constitutional morality,” Bruce Frohnen and George Carey argue in this challenging book. The principle of separation of powers among co-equal branches of government formed the cornerstone of America’s original constitutional morali...
Weapon of Choice
How ordinary Americans, frustrated by the legal and political wrangling over the Second Amendment, can fight for reforms that will both respect gun owners’ rights and reduce gun violence. Efforts to reduce gun violence in the United States face formidable political and constitutional barriers. Legislation that would ban or broadly restrict firearms runs afoul of the Supreme Court’s current interpretation of the Second Amendment. And gun rights advocates have joined a politically savvy firearm industry in a powerful coalition that stymies reform. Ian Ayres and Fredrick Vars suggest a new way forward. We can decrease the number of gun deaths, they argue, by empowering individual citizens t...
Conversations in Philosophy, Law, and Politics
New Conversations in Philosophy, Law, and Politics offers a new agenda for work where these three disciplines meet. It showcases three generations of scholars—from newly minted professors to some of today's most distinguished thinkers. Consisting of fifteen conversations, pairs of chapters dedicated to a single topic, the volume provides intergenerational and multidisciplinary perspectives on aspects of our social world. Each conversation comprises a first paper by a scholar who sets the topic, followed by a second paper by a scholar of a different generation, and usually a different discipline, who offers further insight or commentary. Each conversation thus provides two sets of original thoughts about a matter of lively current interest and interdisciplinary significance. Topics investigated include moral revolutions, AI and democracy, trust and the rule of law, responsibility, praise and blame, reasonableness, duty, political obligation, justice and equality, justice and intersectionality, domination, pornography, intentions in the law, and legal argumentation. Written in clear prose, the volume is accessible by philosophers, lawyers, political theorists, and beyond.
Law and Legitimacy in the Supreme Court
Legitimacy and judicial authority -- Constitutional meaning : original public meaning -- Constitutional meaning : varieties of history that matter -- Law in the Supreme Court : jurisprudential foundations -- Constitutional constraints -- Constitutional theory and its relation to constitutional practice -- Sociological, legal, and moral legitimacy : today and tomorrow
Separation of Powers and Antitrust
In these challenging, digital times, separation of powers and antitrust both occupy centre stage, but their interactions have yet to be analysed. This timely and innovative book explores their potential convergence, notably examining the concentration of politico-economic power in the hands of a few digital platforms.
