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No Democracy Lasts Forever: How the Constitution Threatens the United States

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Release : 2024-08-20
Genre : History
Kind : eBook
Book Rating : 592/5 ( reviews)

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Book Synopsis No Democracy Lasts Forever: How the Constitution Threatens the United States by : Erwin Chemerinsky

Download or read book No Democracy Lasts Forever: How the Constitution Threatens the United States written by Erwin Chemerinsky. This book was released on 2024-08-20. Available in PDF, EPUB and Kindle. Book excerpt: AS SEEN ON MSNBC's MORNING JOE A groundbreaking work from one of America’s leading legal scholars, No Democracy Lasts Forever audaciously asserts that the only way a polarized America can avoid secession is to draft a new Constitution. The Constitution has become a threat to American democracy. Due to its inherent flaws—its treatment of race, dependence on a tainted Electoral College, a glaringly unrepresentative Senate, and the outsized influence of the Supreme Court—Erwin Chemerinsky, the dean of Berkeley Law School and one of our foremost legal scholars, has come to the sobering conclusion that our nearly 250-year-old founding document can no longer hold. Much might be fixed by Congress or the Supreme Court, but they seem unlikely to do so. One might logically conclude that amending the Constitution would solve the problem, yet logic seldom takes precedent, given that only fifteen of the 11,848 amendments proposed since 1789 have passed. Chemerinsky contends that without major changes, the Constitution is beyond redemption in that it has created a government that can no longer deal with the urgent issues, such as climate change and wealth inequalities, that threaten our nation and the world. Yet political Armageddon can still be avoided, Chemerinsky writes, if a new constitutional convention is empowered to replace the Constitution of 1787. Just as the Founding Fathers replaced the faulty Articles of Confederation that same year, we must, No Democracy Lasts Forever argues, rewrite the entire Constitution from start to finish. Still, Chemerinsky goes further than that, suggesting that without serious changes Americans may be on the path to various forms of secession based on a recognition that what divides us as a country is, in fact, greater than what unites us. No Democracy Lasts Forever asserts with exceptional clarity that if the problems with the Constitution are not fixed, we are ineluctably heading toward a crisis where secession is, indeed, possible and where it will be necessary to think carefully about how to preserve the United States as a world power in a very different form of government. Despite these troubles, Chemerinsky remains hopeful, revealing how the past offers hope that change can happen. The United States has been through enormously challenging and divisive times before, with a civil war and the Great Depression, and Chemerinsky ultimately shows that it may still be possible to cure the defects and save American democracy at the same time.

Originalism and the Good Constitution

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Release : 2013-11-01
Genre : Law
Kind : eBook
Book Rating : 26X/5 ( reviews)

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Book Synopsis Originalism and the Good Constitution by : John O. McGinnis

Download or read book Originalism and the Good Constitution written by John O. McGinnis. This book was released on 2013-11-01. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Concept of Liberty in the Age of the American Revolution

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Release : 1988
Genre : Political Science
Kind : eBook
Book Rating : 966/5 ( reviews)

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Book Synopsis The Concept of Liberty in the Age of the American Revolution by : John Phillip Reid

Download or read book The Concept of Liberty in the Age of the American Revolution written by John Phillip Reid. This book was released on 1988. Available in PDF, EPUB and Kindle. Book excerpt: "Liberty was the most cherished right possessed by English-speaking people in the eighteenth century. It was both an ideal for the guidance of governors and a standard with which to measure the constitutionality of government; both a cause of the American Revolution and a purpose for drafting the United States Constitution; both an inheritance from Great Britain and a reason republican common lawyers continued to study the law of England." As John Philip Reid goes on to make clear, "liberty" did not mean to the eighteenth-century mind what it means today. In the twentieth century, we take for granted certain rights—such as freedom of speech and freedom of the press—with which the state is forbidden to interfere. To the revolutionary generation, liberty was preserved by curbing its excesses. The concept of liberty taught not what the individual was free to do but what the rule of law permitted. Ultimately, liberty was law—the rule of law and the legalism of custom. The British constitution was the charter of liberty because it provided for the rule of law. Drawing on an impressive command of the original materials, Reid traces the eighteenth-century notion of liberty to its source in the English common law. He goes on to show how previously problematic arguments involving the related concepts of licentiousness, slavery, arbitrary power, and property can also be fit into the common-law tradition. Throughout, he focuses on what liberty meant to the people who commented on and attempted to influence public affairs on both sides of the Atlantic. He shows the depth of pride in liberty—English liberty—that pervaded the age, and he also shows the extent—unmatched in any other era or among any other people—to which liberty both guided and motivated political and constitutional action.

The Velvet Coup

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Release : 2001-10-17
Genre : Political Science
Kind : eBook
Book Rating : 335/5 ( reviews)

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Book Synopsis The Velvet Coup by : Daniel Lazare

Download or read book The Velvet Coup written by Daniel Lazare. This book was released on 2001-10-17. Available in PDF, EPUB and Kindle. Book excerpt: According to the media, the 2000 election debacle was a once-in-a-century fluke. But, in this riveting new polemic, political analyst Daniel Lazare argues that such events are increasingly likely to become the rule rather than the exception. After more than two hundred years, America’s antiquated government is in a state of chronic breakdown. A constitutional overhaul is urgently needed to update the machinery in line with the needs of modern democracy. With an amending clause that requires approval by two-thirds of Congress and three-quarters of the states, such change is extremely difficult to achieve. As a result, the United States has entered the twenty-first century with an eighteenth-century government. Not only will breakdowns like the one that occurred last November grow more frequent, they will grow more serious as well. Lazare contends that nothing less than a democratic revolution is needed to rescue American politics from growing paralysis and decay. A constitution supposedly drawn up by “we the people” that cannot be amended by the people is patently absurd. A new arrangement for governments is required, one which abolishes such pre-democratic vestiges as the electoral college, equal representation in the Senate for all states regardless of size, and an all-powerful Supreme Court. Only when these shackles from the past are broken can the American public assert effective control over their government.

Letter from Birmingham Jail

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Release : 2025-01-14
Genre : History
Kind : eBook
Book Rating : 811/5 ( reviews)

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Book Synopsis Letter from Birmingham Jail by : Martin Luther King

Download or read book Letter from Birmingham Jail written by Martin Luther King. This book was released on 2025-01-14. Available in PDF, EPUB and Kindle. Book excerpt: A beautiful commemorative edition of Dr. Martin Luther King's essay "Letter from Birmingham Jail," part of Dr. King's archives published exclusively by HarperCollins. With an afterword by Reginald Dwayne Betts On April 16, 1923, Dr. Martin Luther King Jr., responded to an open letter written and published by eight white clergyman admonishing the civil rights demonstrations happening in Birmingham, Alabama. Dr. King drafted his seminal response on scraps of paper smuggled into jail. King criticizes his detractors for caring more about order than justice, defends nonviolent protests, and argues for the moral responsibility to obey just laws while disobeying unjust ones. "Letter from Birmingham Jail" proclaims a message - confronting any injustice is an acceptable and righteous reason for civil disobedience. This beautifully designed edition presents Dr. King's speech in its entirety, paying tribute to this extraordinary leader and his immeasurable contribution, and inspiring a new generation of activists dedicated to carrying on the fight for justice and equality.

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