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American Political Thought
  • Language: en
  • Pages: 272

American Political Thought

How do Americans think about foundational political questions? Covering the full span of U.S. history, American Political Thought: An Invitation offers a lively yet sophisticated overview of the nature and dynamics of American Political Thought for students and general readers alike. Award-winning scholar Ken Kersch’s engaging introduction situates the key debates in their historical, political and cultural context. He introduces the touchstone frameworks and ideas that are both deeply ingrained and yet have been actively re-made in a country that has spent 250 years of shifting circumstances battling over their real-world implications. Covering thinkers ranging from Jefferson to Rawls, Du...

Conservatives and the Constitution
  • Language: en
  • Pages: 431

Conservatives and the Constitution

Since the 1980s, a ritualized opposition in legal thought between a conservative 'originalism' and a liberal 'living constitutionalism' has obscured the aggressively contested tradition committed to, and mobilization of arguments for, constitutional restoration and redemption within the broader postwar American conservative movement. Conservatives and the Constitution is the first history of the political and intellectual trajectory of this foundational tradition and mobilization. By looking at the deep stories told either by identity groups or about what conservatives took to be flashpoint topics in the postwar period, Ken I. Kersch seeks to capture the developmental and integrative nature of postwar constitutional conservatism, challenging conservatives and liberals alike to more clearly see and understand both themselves and their presumed political and constitutional opposition. Conservatives and the Constitution makes a unique contribution to our understanding of modern American conservatism, and to the constitutional thought that has, in critical ways, informed and defined it.

Constructing Civil Liberties
  • Language: en
  • Pages: 404

Constructing Civil Liberties

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The Supreme Court and American Political Development
  • Language: en
  • Pages: 526

The Supreme Court and American Political Development

  • Categories: Law

This innovative volume explores the evolution of constitutional doctrine as elaborated by the Supreme Court. Moving beyond the traditional "law versus politics" perspective, the authors draw extensively on recent studies in American Political Development (APD) to present a much more complex and sophisticated view of the Court as both a legal and political entity. The contributors--including Pam Brandwein, Howard Gillman, Mark Graber, Ronald Kahn, Tom Keck, Ken Kersch, Wayne Moore, Carol Nackenoff, Julie Novkov, and Mark Tushnet--share an appreciation that the process of constitutional development involves a complex interplay between factors internal and external to the Court. They underscore...

Freedom of Speech
  • Language: en
  • Pages: 428

Freedom of Speech

  • Categories: Law

An innovative narrative approach combines history, politics, and legal doctrine to explore the origin and evolution of Americans' constitutional right to free speech. In a field dominated by jargon-filled texts and march-of-progress treatments, this book presents an insightful introduction to freedom of speech, skillfully blending legal analysis with accounts of how staunchly contested historical, political, and cultural issues often influenced legal reasoning. The volume traces the origins of the freedom in English law and its development through the founding of the United States, and examines how the unique struggles of 19th century Americans over such issues as political parties, slavery, women's rights, and economic inequality transformed this traditional English right into a distinctively American one. The book outlines the ways in which the U.S. Supreme Court became the prime interpreter of the meaning of free speech and introduces readers to current court rulings on the First Amendment. It also speculates about the political and legal developments likely to emerge in the new century.

Constructing Civil Liberties
  • Language: en
  • Pages: 402

Constructing Civil Liberties

  • Type: Book
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  • Published: 2004
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  • Publisher: Unknown

This book is a revisionist account of the development of the Supreme Court's modern civil liberties and civil rights jurisprudence. It explains that jurisprudence is the outgrowth of a sequence of highly particular progressive-reformist ideological currents, that formed the modern American state.

The Cambridge Companion to the United States Constitution
  • Language: en
  • Pages: 519

The Cambridge Companion to the United States Constitution

  • Categories: Law

Offers an accessible, interdisciplinary, and historically informed introduction to the study of American constitutionalism.

Freedom of Speech
  • Language: en

Freedom of Speech

  • Categories: Law
  • Type: Book
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  • Published: 2003-03-19
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  • Publisher: ABC-CLIO

The First Amendment's freedom of speech provision is considered the cornerstone of the U.S. Constitution. Yet this fundamental freedom has continually been reassessed and reshaped, not by landmark Supreme Court rulings alone but also by political power plays, economic crises, times of war, and changing social mores. This volume show how our most basic right is manifested in the realities of politics and culture as well as the law.

Supreme Power: Franklin Roosevelt vs. the Supreme Court
  • Language: en
  • Pages: 512

Supreme Power: Franklin Roosevelt vs. the Supreme Court

"A stunning work of history."—Doris Kearns Goodwin, author of No Ordinary Time and Team of Rivals Beginning in 1935, the Supreme Court's conservative majority left much of FDR's agenda in ruins. The pillars of the New Deal fell in short succession. It was not just the New Deal but democracy itself that stood on trial. In February 1937, Roosevelt struck back with an audacious plan to expand the Court to fifteen justices—and to "pack" the new seats with liberals who shared his belief in a "living" Constitution.

Regulating Preventive Justice
  • Language: en
  • Pages: 232

Regulating Preventive Justice

  • Categories: Law

Like medicine, law is replete with axioms of prevention. ‘Prevention is better than cure’ has a long pedigree in both fields. 17th century jurist Sir Edward Coke observed that ‘preventing justice excelleth punishing justice’. A century later, Sir William Blackstone similarly stated that ‘preventive justice is ...preferable in all respects to punishing justice’. This book evaluates the feasibility and legitimacy of state attempts to regulate prevention. Though prevention may be desirable as a matter of policy, questions are inevitably raised as to its limits and legitimacy, specifically, how society reconciles the desirability of averting risks of future harm with respect for the ...