Constitution Books

Book SynopsisThis study investigates how the medium of sound and its most representative art form of music enable Virginia Woolf to develop fresh concepts and methods in her experimental fiction.Trade Review"Clements’s book explores Woolf’s sustained attention to the production and reception of sound, gathering together arguments about sonic events, art music, and language in Woolf’s work. Through her bold scope, astute close readings, and careful theoretical expositions, she provides a sophisticated account of the vital importance of sound production and reception to Woolf’s ethics and experimentation." -- Emma Sutton * Woolf Studies Annual *"Elicia Clements in Virginia Woolf, Music, Sound and Language (2019) takes a deep dive into these relationships and argues that the concepts of sound and music enabled Woolf to develop a new understanding of her own writing and literature. This is new and exciting." -- Patricia Laurence, City College, City University of New York * Virginia Woolf Miscellany *Table of ContentsAcknowledgments Abbreviations Introduction I. Woolf's Musical Ear II. Interdisciplinary Methods III. "Hoity te, hoity te, hoity te …": Tripartite Woolf Part 1 An Emerging Earcon: Woolf's Singers 1. Finding a Voice I. Resonant Beginnings: The Voyage Out II. Sonic Networks in Jacob's Room III. Urban and Rural Interrelations in Mrs. Dalloway and To the Lighthouse 2. The Earcon Reproduces I. "And what is a cry?": The Waves II. Integrating the Earcon in The Years III. Aural Multiplicity in Between the Acts Part 2 Profound Listening and Acousmatics 3. Initial Apperceptions I. Materialized Sonics and Listening Subjects in The Voyage Out II. Involuntary, Yet Profound, Listening in Night and Day III. International Acousmatics: War and Its Veterans in Jacob's Room and Mrs. Dalloway 4. Bodies and Voices I. To the Lighthouse and Family Acousmatics II. The Gender of Listening in The Waves III. "Hush!... Somebody's listening": The Years IV. Heterogeneous Reattachments in Between the Acts Part 3 Music as Performance in Woolf's Fiction 5. Performing Women I. Women at the Piano in the First Three Novels II. Performing Personal History in The Years III. Historical Reenactments: Between the Acts 6. The Performativity of Language: The Waves Musicalized I. Word Music: "(The rhythm is the main thing in writing)" II. The Case of Ludwig van Beethoven III. Transforming Beethoven's Opus 130 and 133 into Words Coda: A Meditation on Rhythm Notes Works Cited Index

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Book SynopsisReveals how the U.S. Supreme Court's presidentialism threatens our democracy and what to do about it. Donald Trump's presidency made many Americans wonder whether our system of checks and balances would prove robust enough to withstand an onslaught from a despotic chief executive. In The Specter of Dictatorship, David Driesen analyzes the chief executive's role in the democratic decline of Hungary, Poland, and Turkey and argues that an insufficiently constrained presidency is one of the most important systemic threats to democracy. Driesen urges the U.S. to learn from the mistakes of these failing democracies. Their experiences suggest, Driesen shows, that the Court must eschew its reliance on and expansion of the "unitary executive theory" recently endorsed by the Court and apply a less deferential approach to presidential authority, invoked to protect national security and combat emergencies, than it has in recent years. Ultimately, Driesen argues that concern about loss of democracy should play a major role in the Court's jurisprudence, because loss of democracy can prove irreversible. As autocracy spreads throughout the world, maintaining our democracy has become an urgent matter.Trade Review"David Driesen has written an eloquent and powerful account of the Framers' concern about 'tyranny' and their profound commitment to democracy. His careful historical scholarship and deft analysis of doctrine demonstrate clearly the ways that growing presidential power has imperiled this principle. An urgent and compelling read not just for today's crises, but for understanding the basic dynamics of American democracy and its antagonists." -- Aziz Z. Huq * University of Chicago Law School *"A book for our troubled times. Blending history, law, and politics, David Driesen situates the Trump presidency in the alarming global trend toward autocracy and diagnoses what currently ails democracy in America. Richly detailed, highly informative, and deeply contextual, this book is required reading to understand the forces threatening the liberal democratic values of modern constitutionalism." -- Richard Albert * The University of Texas at Austin *"Constitutional drafters often establish semi-autonomous executive institutions to serve as guardrails of democracy. Over the past several decades, conservative lawyers and judges in the U.S. have systematically targeted such bureaucratic independence as inconsistent with the constitutional theory of a 'unitary executive.' Driesen masterfully lays bare the previously underappreciated role played by unitary executive theory in ongoing processes of democratic erosion." -- Thomas M. Keck * Syracuse University *Table of ContentsContents and AbstractsIntroduction: chapter abstractThis chapter explains that this book will analyze excessive presidential power's potential to undermine democracy by exploring democratic decline primarily in Hungary, Turkey, and Poland. It outlines the book's major lesson: the head of state plays a key role in establishing autocracy by establishing unimpeded control over the executive branch in keeping with the American unitary executive theory, often accelerated through use of emergency powers. It outlines the book's argument that the U.S. Supreme Court has augmented executive power in dangerous ways and describes its principal recommendations for taking the potential for autocracy into account in adjudicating separation-of-powers cases. It summarizes each chapter's contribution to this argument. 1Avoiding Tyranny at the Founding chapter abstractThis chapter establishes that the Founders of this nation shared a goal of avoiding a future drive to autocracy and suggests that this intention should guide the Supreme Court's treatment of presidential power. It explains the controversy over whether the Founders embraced the unitary executive theory and shows that they did not expressly grant emergency powers to the President in the Constitution. It introduces the concept of original intent and explains that it increasingly influences judges and constitutional scholarship, making this chapter's treatment of the creation of the Constitution important to establishing room to take lessons from democracy loss abroad into account in adjudication of separation of powers disputes. 2The Rise of Presidential Power chapter abstractThis chapter provides an account of the rise of presidential power from the Founding through the late twentieth century. It explores the historical roots of the fear that presidential control over the executive branch of government and the growth of presidential emergency powers would undermine democracy and the rule of law. It canvasses the controversies (judicial and political) over presidential removal of federal officials from office (which the unitary executive theory insists must be free from restriction), from Andrew Jackson's effort to circumvent legislation creating the National Bank to Richard Nixon's attempt to thwart investigation of crimes undertaken to tilt the electoral playing field. It explains how congressional delegation of authority has enhanced the President's power over time. It also shows that the Supreme Court imposed constraints on emergency powers throughout this period, recognizing this presidential power as dangerous to democracy. 3Declining to Adjudicate Claims Against the President chapter abstractThis chapter explains that the courts have augmented presidential power by frequently refusing to adjudicate claims that the President has exceeded his constitutional authority. It explains the key justiciability doctrines that the courts have used to shield Presidents from allegations of misconduct—standing, ripeness, and the political question doctrine. It establishes that the courts have applied these doctrines quite strictly, and sometimes grossly distorted them, to shield allegations of presidential usurpation of power from judicial scrutiny. At the same time, it has been quite liberal in entertaining challenges to congressional efforts to check and balance the executive branch. It shows that the courts' refusal to entertain challenges to unilateral presidential wars has aided the transfer of the war power from Congress to the President. 4Implied Presidential and Congressional Power chapter abstractThis chapter explains that the modern Supreme Court has generously granted the President extensive implied powers at the expense of Congress, while declining to apply the implied-powers doctrine to sustain efforts by Congress to check the executive branch. It shows that the Court's implied-powers jurisprudence has not only expanded the President's foreign affairs power, but also eroded checks and balances domestically. It emphasizes the role of the unitary executive theory and the legislative veto in undermining checks on emergency powers and undermining of the rule of law. This chapter fills a gap in the literature by defining the concept of implied power. It shows that propresidential bias in the Court's treatment of constitutional custom, means/ends reasoning, and congressional intent helps explain the asymmetric results of the Court's implied-power jurisprudence. 5The Specter of Dictatorship: Poland, Hungary and Turkey chapter abstractThis chapter, the heart of the book, examines the role of executive power in undermining democracy in Poland, Hungary, and Turkey. In all three cases, creation of centralized control over the executive branch of government paved the way for autocracy, leading to politicized use of prosecution to undermine political opponents, shrinking of the media available to dissenters, and tilting the electoral playing field. This analysis focuses primarily on centralization of control over prosecution, media authorities, and electoral commissions. In Hungary and Turkey, abuse of emergency powers accelerated the establishment of autocracy. These countries' autocrats eroded democracy with the support of a political party enjoying the support of at least a substantial minority of voters. Party members in Parliament helped destroy democracy by voting in lockstep fashion to support "reforms" undermining independent agencies and prosecutorial independence. 6Parallels to America's Democratic Erosion chapter abstractThis chapter examines the extent to which America's democratic erosion mirrors that of Hungary, Turkey, and Poland. It explains that acceptance of the unitary executive theory has significantly undermined the rule of law, just as centralization of power has in the case studies. It analyzes the extent to which we have emulated the autocracies in tilting the electoral playing field and undermining independent media. It explains that partisan division has led to a breakdown of deliberative democracy very similar to that seen Chapter 5's case studies. It also analyzes our vulnerability to judicial capture and abuse of the war power. It argues that judges lack the capacity to predict the extent of democratic decline, given its complexity and the role of unpredictable shocks in stimulating autocracy, but that we have serious long-term vulnerabilities. 7Judicial Treatment of Presidential Power in an Age of Democratic Decline chapter abstractThis chapter discusses the factors that should influence the courts' separation-of-powers cases. Generally, it counsels judges to give more weight to the possibility of democratic decline than to potential policy mistakes, and to allow for the possibility of presidential bad faith. It shows that national security means protecting the American People's control over the government, not just preventing of physical attacks. It suggests rejecting or limiting the reach of the unitary executive theory, bolstering presidential legal accountability, and relying less on justiciability doctrines to shield presidential actions from judicial review. It also analyzes the role of judicial decision making in protecting and restoring democracy, showing that judicial decisions can aid political forces seeking to preserve or revive an ailing democracy. Conclusion: chapter abstractThis chapter briefly recapitulates the book's lessons. It affirms that the judiciary can and should contribute to democracy protection by considering the possibility of presidential bad faith in making decisions, since the presidency, not the judiciary, constitutes the principal threat to democracy. It calls for the judiciary to reject or at least limit the unitary executive theory, to think of national security in terms of preserving popular sovereignty, and to relax justiciability barriers to adjudicating challenges to excessive presidential power. It argues that the tendency to think of autocracy as a product of a coup, instead of as the product of gradual democratic decline, can blind us to the possibility of autocracy in America, but that signs of serious democratic decline abound. It suggests that judges need to take the possibility of losing a democracy as seriously as the founders of this country did.

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Book SynopsisNATIONAL BESTSELLER Lichtman has written what may be the most important book of the year.  The HillWhat are the ranges and limitations of presidential authority? What are the standards of truthfulness that a president must uphold? What will it take to impeach Donald J. Trump? Professor Allan J. Lichtman, who has correctly forecasted thirty years of presidential outcomes, answers these questions, and more, in The Case for Impeachmenta deeply convincing argument for impeaching the 45th president of the United States. In the fall of 2016, Allan J. Lichtman made headlines when he predicted that Donald J. Trump would defeat the heavily favored Democrat, Hillary Clinton, to win the presidential election. Now, in clear, nonpartisan terms, Lichtman lays out the reasons Congress could remove Trump from the Oval Office: his ties to Russia before and after the election,

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Book SynopsisA selection of the landmark Supreme Court decisions that have shaped American societyPenguin presents a series of six portable, accessible, and—above all—essential reads from American political history, selected by leading scholars. Series editor Richard Beeman, author of The Penguin Guide to the U.S. Constitution, draws together the great texts of American civic life, including the founding documents, pivotal historical speeches, and important Supreme Court decisions, to create a timely and informative mini-library of perennially vital issues.The Supreme Court is one of America's leading expositors of and participants in debates about American values. Legal expert Jay M. Feinman introduces and selects some of the most important Supreme Court Decisions of all time, which touch on the very foundations of American society. These cases cover a vast array of issues, from the powers of government and freedom of speech to freedom of rel

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Book SynopsisFor the past several centuries of Anglo-American legal thought, law has been paradigmatically understood as the product of the state. The state, operating through the legal and political institutions of its government, imposes law on the people who are its subjects. Over the same centuries, however, the development of international law and constitutional law has made the state itself subject to law. These systems of law for states necessarily work differently. For one thing, law for states must do without a super-state or government standing above the state, capable of creating and enforcing law. For another, the state is a unique kind of legal subject, calling for different behavioral models, moral standards, and regulatory techniques than those developed for ordinary people. It is precisely these differences that have long marked international law as a curious, and in many eyes dubious, form of law.Constitutional law, in contrast, has seldom been subject to the same doubts, or fully

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Book SynopsisCrisis and Constitutionalism argues that the late Roman Republic saw, for the first time in the history of political thought, the development of a normative concept of constitution--the concept of a set of constitutional norms designed to guarantee and achieve certain interests of the individual. Benjamin Straumann first explores how a Roman concept of constitution emerged out of the crisis and fall of the Roman Republic. The increasing use of emergency measures and extraordinary powers in the late Republic provoked Cicero and some of his contemporaries to turn a hitherto implicit, inchoate constitutionalism into explicit constitutional argument and theory. The crisis of the Republic thus brought about a powerful constitutionalism and convinced Cicero to articulate the norms and rights that would provide its substance; this typically Roman constitutional theory is described in the second part of the study. Straumann then discusses the reception of Roman constitutional thought up to theTrade ReviewStraumann's Crisis and Constitutionalism is an important contribution to a growing body of scholarship that is challenging conventional interpretations of Roman political thought [...] The work effectively both broadens and deepens our understanding of Roman political thought, challenging conventional interpretations and providing key insights into the final decades of the Roman republic. * Dean Hammer, Franklin & Marshall College, Polis: The Journal for Ancient Greek Political Thought *This well-written book will be of interest to political theorists, classicists, and historians. ... Summing Up: Recommended. Graduate students and faculty. * J. L. Miller, CHOICE *a critical book to consult about Roman political and legal thought. It uncovers a Roman constitutional tradition and how that tradition was received in the medieval and early modern period. * Lee Trepanier, Voegelin View *Straumann has written a brilliant book [...] In Crisis and Constitutionalism, Straumann has challenged us to think much more deeply about constitutional theory and I look forward to discussing his arguments for years to come. * Michelle T. Clark, Dartmouth College, in New England Classical Journal *Important works on ancient Roman politics and law have also contributed to this Roman turn in the history of early-modern political thought. With this new work, Straumann positions himself at the forefront of this turn, and has produced a book that will speak to historians, jurists, political theorists, and philosophers alike. His erudition is towering, his analyses sharp and insightful, and he writes with clarity and occasional wit. * Dan Edelstein, Global Intellectual History *An important and welcome work on several levels. It offers learned interpretations of important political thinkers, including Cicero, Polybius, and Jean Bodin. The work transcends in importance any given interpretation of the thinkers it considers because it also engages in a scholarly debate, endeavouring to help correct what the author regards as a significant misunderstanding in the secondary literature that draws a strict distinction between 'classical republicanism' and liberalism ... An unusually learned and rich book. * Vickie B. Sullivan, Global Intellectual History *In his ambitious and important book, Benjamin Straumann attributes the origins of constitutional thought in the European tradition to Cicero's writings of the fifties BC. He then traces the development of this thought through the Enlightenment to the debates that accompanied the ratification of the U.S. Constitution in the 1780s ... What sets Straumann's book apart ... is the depth of his argumentation about classical texts, his adroit reading of Marcus Tullius Cicero (106-43 BC), and his denial of 'constitutionalism' as a feature of the political thought of Plato or Aristotle. * David Potter, Law and Liberty *Straumann succeeds in drawing attention to the legacy of Roman political thought, lending it an abiding importance for students of political institutions in any age. * David Potter, Law and Liberty *learned, original, ambitious and important * Alexander Yakobson, The Ancient History Bulletin *The case for constitutional thought in Rome is a tricky one to make, but for all the pitfalls it is worth making. The change Rome underwent between the birth of Cicero and the death of Augustus was profound and irrevocable, and the question of whether the republic fell or was pushed to its death remains a perennial favorite at the end of surveys of republican history, and for good reason ... this book articulates much evidence pertinent to this complicated question, and offers a useful terminology with which to describe its components. Scholars looking for a selective survey of constitutional thought in classical and early modern Europe will likewise find much of value in it...the timing of Straumann's intervention could hardly have been better ... Crisis and Constitutionalism could refer to a remarkably wide range of developments across the globe, developments that attest to the continued relevance of Roman political thought today. * Ayelet Haimson Lushkov, Bryn Mawr Classical Review *... it does not simply add to this recent renaissance. Instead, it fulfills it: It shows that the Romans were decidedly different from the Greeks, that this difference gives normative weight to the Romans, and that the Romans should be of far greater interest to political theorists than they have been for the last 100 years of largely Greek focused scholarship. * Daniel J. Kapust, Political Theory *Why was Rome so important to political theorists beginning with Cicero right through to the American Founders? Because, Straumann insists, it was principally not traditional Roman virtue that inspired them, but a Republican constitutional order ... book with a scope so admirably broad in its historical sweep has to depend on its author's command of a formidable number of primary texts and the contemporaneous contexts in which they were written, as well as of a vast body of pertinent scholarship. Straumann's range of reference is indeed impressive ... Straumann's principal achievement in the book will prove to be his overall contribution in opening up a big question about what later generations really took to be so important about the Roman Republic. Crisis and Constitutionalism brings much learning and intelligence to that project. There can be few scholars interested in the theme who will not find stimulus and illumination in it. * Malcolm Schofield, American Historical Review *It is very rare to find someone talking about Ciceronian theory actually looking at historical events and Ciceronian speeches. It is a pleasure to have Cicero taken seriously as a political thinker without incessant nods to Greek models, and yet Straumann's dissection of Greek political theory ... is very enjoyable. And it is welcome to see constitutionalism making a return to Roman history. Straumann twice quotes Syme's sneer that the Roman constitution was "a screen and a sham" (The Roman Revolution [Oxford 1939] 15); he might also have quoted Syme's dismissal of constitutional interpretation: "What is commonly called the 'Rechtsfrage,' and interminably discussed, depends upon a 'Machtfrage'" (48n.). Straumann is instead a reader of Mommsen although clearly rejecting the great man's denigration of Cicero. This is an outstanding book: learned, intelligent, careful, and ambitious. I have learned a great deal from it. * James E. G. Zetzel, Classical World *During the several months during which I slowly and carefully read (and briefly summarized for myself) Straumann's work, political events in both my country and in the approach to the US Presidential elections were illuminated for me by what I was learning from Straumann's lucid exposition of what a constitution is and what it does, and what happens when it is not adhered to...His background as both lawyer and educator shows in his meticulous legal argumentation and his carefully didactic reiteration of key points in that argument, which make for easy navigation by a less informed readership...it has been a pleasure for this reader metaphorically to sit at the feet of a master of constitutional studies. * Jo-Marie Claassen, CJ-Online *However, the wider implications of Straumann's original, beautifully crafted and exceptionally erudite exploration of Roman political thought are, I think, nicely brought out by considering how an argument about classical thought and institutions may bear on our contemporary concerns and debates. In particular, Straumann brings to the surface an idea of political community as a "jural" community, which he had explored in his first, equally impressive book, which dealt with the natural law theory of Hugo Grotius (1583-1645). * David Dyzenhaus, New Rambler *With an impressive and wide-ranging triple grip on the ancient sources, early modern reception, and much more recent scholarship, Benjamin Straumann has lucidly reconstructed for us the Roman debate about emergency powers -- above all concerning the dictatorship, extraordinary commands, and the question of limits to the citizen's right of appeal -- in order to show how the long tradition of political reflection on the fall of the Republic, which stretches back to Cicero himself, eventually came to animate a great deal of modern constitutionalism. * Christopher Brooke, University of Cambridge *For Straumann, the constitution was at the heart of the crisis of the late Roman Republic, and this was strongly reflected in later political theory. This novel and adventurous thesis mounts a refreshing challenge to current orthodoxies, and will provoke constructive debate among historians and political theorists alike. * Peter Garnsey, University of Cambridge *Crisis and Constitutionalism is a brilliantly original and erudite argument in favor of the distinctiveness and long-term importance of Roman constitutional thought from Cicero to the American Founders, which demonstrates just how much Western political and legal thought, on both sides of the Atlantic, has owed, and still owes, to ancient Rome. It is controversial, highly compelling, and of very real contemporary significance. * Anthony Pagden, author of The Enlightenment -- And Why it Still Matters *Table of ContentsPreface and Acknowledgements Introduction: The Fall of the Roman Republic and the Rise of Constitutional Thought I. Inchoate Constitutionalism in the Late Roman Republic 1. "Not Some Piece of Legislation": The Roman Concept of Constitution 2. Infinite Power? Emergencies and Extraordinary Powers in Constitutional Argument 3. "The Sole Bulwark of Liberty": Constitutional Rights at Rome II. A Hierarchy of Laws: Roman Constitutional Thought 4. Cicero and the Legitimacy of Political Authority 5. Greek vs. Roman Constitutional Thought III. The Limits of Virtue: The Roman Contribution to Political Thought 6. The Roman Republic as a Constitutional Order from the Principate to the Renaissance 7. Neo-Roman Interlude: Machiavelli and the Anti-Constitutional Tradition 8. Jean Bodin and the Fall of the Roman Republic Epilogue: Constitutional Republicanism, the "Cant-Word" Virtue and the American Founding Bibliography General Index Index Locorum

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Book SynopsisAn account of a fundamental change in American legal thought, from a conception of law as something found in nature to one in which law is entirely a human creation.Before the late 19th century, natural law played an important role in the American legal system. Lawyers routinely used it in their arguments and judges often relied upon it in their opinions. Today, by contrast, natural law plays virtually no role in the legal system. When natural law was part of a lawyer''s toolkit, lawyers thought of judges as finders of the law, but when natural law dropped out of the legal system, lawyers began thinking of judges as makers of the law instead.In The Decline of Natural Law, the eminent legal historian Stuart Banner explores the causes and consequences of this change. To do this, Banner discusses the ways in which lawyers used natural law and why the concept seemed reasonable to them. He further examines several long-term trends in legal thought that weakened the position of natural law, including the use of written constitutions, the gradual separation of the spheres of law and religion, the rapid growth of legal publishing, and the position of natural law in some of the 19th century''s most contested legal issues. And finally, he describes both the profession''s rejection of natural law in the late 19th and early 20th centuries and the ways in which the legal system responded to the absence of natural law.The first book to explain how natural law once worked in the American legal system, The Decline of Natural Law offers a unique look into how and why this major shift in legal thought happened, and focuses, in particular, on the shift from the idea that law is something we find to something we make.Table of ContentsIntroduction Part I: Before the Transition Chapter 1: The Law of Nature Chapter 2: The Common Law Part II: Causes of the Transition Chapter 3: The Adoption of Written Constitutions Chapter 4: The Separation of Law and Religion Chapter 5: The Explosion in Law Publishing Chapter 6: The Two-Sidedness of Natural Law Part III: The Transition and After Chapter 7: The Decline of Natural Law and Custom Chapter 8: Substitutes for Natural Law Chapter 9: Echoes of Natural Law Index

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Book SynopsisThe Bank of the United States sparked several rounds of intense debate over the meaning of the Constitution's Necessary and Proper Clause, which authorizes the federal government to make laws that are necessary for exercising its other powers. Our standard account of the national bank controversy, however, is incomplete. The controversy was much more dynamic than a two-sided debate over a single constitutional provision and was shaped as much by politics as by law. With Reconstructing the National Bank Controversy, Eric Lomazoff offers a far more robust account of the constitutional politics of national banking between 1791 and 1832. During that time, three forceschanges within the Bank itself, growing tension over federal power within the Republican coalition, and the endurance of monetary turmoil beyond the War of 1812 drove the development of our first major debate over the scope of federal power at least as much as the formal dimensions of the Constitution or the absence of a sh

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Book SynopsisThe Bank of the United States sparked several rounds of intense debate over the meaning of the Constitution's Necessary and Proper Clause, which authorizes the federal government to make laws that are necessary for exercising its other powers. Our standard account of the national bank controversy, however, is incomplete. The controversy was much more dynamic than a two-sided debate over a single constitutional provision and was shaped as much by politics as by law. With Reconstructing the National Bank Controversy, Eric Lomazoff offers a far more robust account of the constitutional politics of national banking between 1791 and 1832. During that time, three forceschanges within the Bank itself, growing tension over federal power within the Republican coalition, and the endurance of monetary turmoil beyond the War of 1812 drove the development of our first major debate over the scope of federal power at least as much as the formal dimensions of the Constitution or the absence of a sh

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Book SynopsisColorado's legalization of marijuana spurred intense debate about the extent to which the Constitution preempts state-enacted laws and statutes. Colorado's legal cannabis program generated a strange scenario in which many politicians, including many who freely invoke the Tenth Amendment, seemed to be attacking the progressive state for asserting states' rights. Unusual as this may seem, this has happened beforein the early part of the twentieth century, as America concluded a decades-long struggle over the suppression of alcohol during Prohibition. Sean Beienburg recovers a largely forgotten constitutional debate, revealing how Prohibition became a battlefield on which skirmishes of American political development, including the debate over federalism and states' rights, were fought. Beienburg focuses on the massive extension of federal authority involved in Prohibition and the passage of the Eighteenth Amendment, describing the roles and reactions of not just Congress, the presidents, and the Supreme Court but political actors throughout the states, who jockeyed with one another to claim fidelity to the Tenth Amendment while reviling nationalism and nullification alike. The most comprehensive treatment of the constitutional debate over Prohibition to date, the book concludes with a discussion of the parallels and differences between Prohibition in the 1920s and debates about the legalization of marijuana today.

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Book SynopsisSince it first appeared in 1960,The Supreme Court Review(SCR) has won acclaim for providing a sustained and authoritative survey of the implications of the Court's most significant decisions. SCR is an in-depth annual critique of the Supreme Court and its work, keeping up on the forefront of the origins, reforms, and interpretations of American law. SCR is written by and for legal academics, judges, political scientists, journalists, historians, economists, policy planners, and sociologists. This year's volume features prominent scholars assessing major legal events, including: Mark Tushnet on President Trump's Muslim Ban Kate Andrias on Union Fees in the Public Sector Cass R. Sunstein on Chevron without Chevron Tracey Maclin on the Fourth Amendment and Unauthorized Drivers Frederick Schauer on Precedent Pamela Karlan on Gay Equality and Racial Equality Randall Kennedy on Palmer v. Thompson Lisa Marshall Manheim and Elizabeth G. Porter on Voter Suppression Melissa Murray on Master

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Book SynopsisStates of Exception in American History brings to light the remarkable number of instances since the Founding in which the protections of the Constitution have been overridden, held in abeyance, or deliberately weakened for certain members of the polity. In the United States, derogations from the rule of law seem to have been a feature ofnot a bug inthe constitutional system. The first comprehensive account of the politics of exceptions and emergencies in the history of the United States, this book weaves together historical studies of moments and spaces of exception with conceptual analyses of emergency, the state of exception, sovereignty, and dictatorship. The Civil War, the Great Depression, and the Cold War figure prominently in the essays; so do Francis Lieber, Frederick Douglass, John Dewey, Clinton Rossiter, and others who explored whether it was possible for the United States to survive states of emergency without losing its democratic way. States of Exception combines poliTrade Review"This collection of essays, edited by historians Gary Gerstle of the University of Cambridge and Joel Isaac of the University of Chicago, makes timely reading as America looks to repair its democracy from the constitutional ravages of the Trump era. This book is useful not just for gauging how far Trump may have strayed from the United States’ professed legal norms, but also for situating the past four years in a longer-term historical perspective. . . . richly rewarding." * Survival: Global Politics and Strategy *"Unlike most collections of essays that combine only loosely related research, this edited volume... has a nearly monographic focus on the constitutional question of 'states of exception'—ordinarily unconstitutional executive and state actions made legal in order to respond effectively to emergency situations... The essays are intelligent, well researched, and very well written, making this a useful and important volume." * CHOICE *“States of Exception in American History offers a refined introduction to the problems of ‘emergency’ in liberal states. This volume is the first to combine theory and history in such a compelling fashion.” -- Benjamin A. Coates, Wake Forest University“Gerstle and Isaac have brought together an excellent collection. There is no doubt of the importance of examining how democracies face emergencies nor is there doubt about the quality of the examinations these contributors provide.” -- Sanford Levinson, University of Texas“After September 11, 2001, many reacquainted themselves with political discourses back to Rome that deployed but limited emergency authorities, while others reread twentieth-century German theorist Carl Schmitt, notorious for his claim that the power to rule in exceptional times shadows governance in ordinary ones. This rich and unprecedented collection recovers American traditions of engaging emergencies long before the last two decades dawned, Donald Trump came to power, and global pandemic struck. Assembling historical case studies and theoretical reflections, Gary Gerstle and Joel Isaac have achieved something intellectually superb and uncommonly cohesive. No one could deny its contemporary relevance; no one knows where new national emergencies are taking Americans next.” -- Samuel Moyn, Yale UniversityTable of ContentsAcknowledgments Introduction Gary Gerstle and Joel IsaacPart One: The Challenge of Carl Schmitt 1 What Is the State of Exception? Nomi Claire Lazar 2 Negotiating the Rule of Law: Dilemmas of Security and Liberty Revisited Ewa Atanassow and Ira Katznelson 3 Beyond the Exception David DyzenhausPart Two: The American Experience with Emergency Powers 4 The American Law of Overruling Necessity: The Exceptional Origins of State Police Power William J. Novak 5 To Save the Country: Reason and Necessity in Constitutional Emergencies John Fabian Witt 6 Powers of War in Times of Peace: Emergency Powers in the United States after the End of the Civil War Gregory P. Downs 7 Was There an American Concept of Emergency Powers? John Dewey, Carl Schmitt, and the Democratic Politics of Exception Stephen W. Sawyer 8 Charles Merriam and the Search for Democratic Power After Sovereignty James T. Sparrow 9 Constitutional Dictatorship in Twentieth-Century American Political Thought Joel IsaacPart Three: Broadening the Exception 10 Frederick Douglass and Constitutional Emergency: An Homage to the Political Creativity of Abolitionist Activism Mariah Zeisberg 11 Delegated Governance as a Structure of Exceptions Elisabeth S. Clemens 12 Spaces of Exception in American History Gary Gerstle and Desmond King Afterword Gary Gerstle and Joel Isaac Contributors Index

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Book SynopsisTrade Review"This collection of essays, edited by historians Gary Gerstle of the University of Cambridge and Joel Isaac of the University of Chicago, makes timely reading as America looks to repair its democracy from the constitutional ravages of the Trump era. This book is useful not just for gauging how far Trump may have strayed from the United States’ professed legal norms, but also for situating the past four years in a longer-term historical perspective. . . . richly rewarding." * Survival: Global Politics and Strategy *"Unlike most collections of essays that combine only loosely related research, this edited volume... has a nearly monographic focus on the constitutional question of 'states of exception'—ordinarily unconstitutional executive and state actions made legal in order to respond effectively to emergency situations... The essays are intelligent, well researched, and very well written, making this a useful and important volume." * CHOICE *“States of Exception in American History offers a refined introduction to the problems of ‘emergency’ in liberal states. This volume is the first to combine theory and history in such a compelling fashion.” -- Benjamin A. Coates, Wake Forest University“Gerstle and Isaac have brought together an excellent collection. There is no doubt of the importance of examining how democracies face emergencies nor is there doubt about the quality of the examinations these contributors provide.” -- Sanford Levinson, University of Texas“After September 11, 2001, many reacquainted themselves with political discourses back to Rome that deployed but limited emergency authorities, while others reread twentieth-century German theorist Carl Schmitt, notorious for his claim that the power to rule in exceptional times shadows governance in ordinary ones. This rich and unprecedented collection recovers American traditions of engaging emergencies long before the last two decades dawned, Donald Trump came to power, and global pandemic struck. Assembling historical case studies and theoretical reflections, Gary Gerstle and Joel Isaac have achieved something intellectually superb and uncommonly cohesive. No one could deny its contemporary relevance; no one knows where new national emergencies are taking Americans next.” -- Samuel Moyn, Yale UniversityTable of ContentsAcknowledgments Introduction Gary Gerstle and Joel IsaacPart One: The Challenge of Carl Schmitt 1 What Is the State of Exception? Nomi Claire Lazar 2 Negotiating the Rule of Law: Dilemmas of Security and Liberty Revisited Ewa Atanassow and Ira Katznelson 3 Beyond the Exception David DyzenhausPart Two: The American Experience with Emergency Powers 4 The American Law of Overruling Necessity: The Exceptional Origins of State Police Power William J. Novak 5 To Save the Country: Reason and Necessity in Constitutional Emergencies John Fabian Witt 6 Powers of War in Times of Peace: Emergency Powers in the United States after the End of the Civil War Gregory P. Downs 7 Was There an American Concept of Emergency Powers? John Dewey, Carl Schmitt, and the Democratic Politics of Exception Stephen W. Sawyer 8 Charles Merriam and the Search for Democratic Power After Sovereignty James T. Sparrow 9 Constitutional Dictatorship in Twentieth-Century American Political Thought Joel IsaacPart Three: Broadening the Exception 10 Frederick Douglass and Constitutional Emergency: An Homage to the Political Creativity of Abolitionist Activism Mariah Zeisberg 11 Delegated Governance as a Structure of Exceptions Elisabeth S. Clemens 12 Spaces of Exception in American History Gary Gerstle and Desmond King Afterword Gary Gerstle and Joel Isaac Contributors Index

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Book SynopsisRedeeming the forgotten history of our rule of law and its categorical limits on executive power.Trade Review"This is unlike any earlier work on Canadian law that I've come across. Strikingly novel in its approach, enormously informative, and immensely learned, Seven Absolute Rights is an impressive accomplishment that brings a valuable new perspective to studies of constitutionalism and the rule of law." Robert Diab, Thompson Rivers University

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Book SynopsisTribal leaders, academics, and legal practitioners offer a comprehensive overview of American Indian nations' governmental reform opportunities and challenges at the turn of the millennium.Table of Contents Preface Introduction Part I Chapter 1. Remaking Tribal Constitutions: Meeting the Challenges of Tradition, Colonialism, and Globalization (Duane Champagne) Chapter 2. Seasons of Change: Of Reforms, Melees, and Revolutions in Indian Country (David Wilkins) Chapter 3. The Indian Reorganization Act and Indian Self-Government (Elmer Rusco) Firsthand Accounts: Why Engage in Constitutional Reform? Part II Chapter 4. Members Only: Designing Citizenship Requirements for Indian Nations (Carole Goldberg) Chapter 5. My Grandma, Her People, Our Constitution (Joseph Thomas Flies-Away) Firsthand Accounts: Membership and Citizenship Chapter 6. Constitutional Rule and the Effective Governance of Native Nations (Joseph Kalt) Firsthand Accounts: Governmental Institutions Part III Chapter 7. Realizing Constitutional Change through Citizen Participation (Eric Lemont) Chapter 8. The Process of Constitutional Reform (Steven Haberfeld) Firsthand Accounts: Maximizing Citizen Participation and Ownership in Reform Processes Chapter 9. Overcoming the Politics of Reform: The Story of the 1999 Cherokee Nation Constitution Convention (Eric Lemont) Firsthand Account: Overcoming the Politics of Reform About the Contributors Index

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Book SynopsisTrade Review"This timely book offers a novel and highly sophisticated assessment of constitutional change as ‘revolution.’ Its depth of analysis and challenging findings will ensure its status as a benchmark for future research in a burgeoning field."—Stephen Tierney,University of Edinburgh “This masterful and provocative book forces us to rethink the key concept of constitutional revolution. It provides an essential contribution to the understanding of contemporary constitutional transformations."—Michel Rosenfeld, Yeshiva University "The concept of 'constitutional revolution' is at once pervasive in scholarly literature and difficult to grasp. Jacobsohn and Yaniv Roznai provide a truly illuminating analysis of this complex subject. Their book, deeply rooted in close and consistently fascinating examinations of constitutional revolutions and counter-revolutions, must be read and grappled with by anyone interested in the fundamentals of constitutional theory and development."—Sanford Levinson, author of An Argument Open to All: Reading The Federalist in the 21st Century“Constitutional revolutions in a moment or step-by-step? Only by ‘The People’ or perhaps by the courts? This challenging and valuable work shows that answering these and related questions leads us to consider fundamental matters of constitutional identity and constitutionalism itself.”—Mark Tushnet, Harvard Law School

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Book SynopsisThe dramatic and penetrating story of the political maneuverings and personalities behind the creation of the office of the president, with ramifications that continue to this day.For the first time, by focusing closely on the dynamic give-and-take at the Constitutional Convention, Ray Raphael reveals how politics and personalities cobbled together a lasting, but flawed, executive office. Remarkably, the hero of this saga is Gouverneur Morris, a flamboyant, peg-legged delegate who pushed through his agenda with amazing political savvy, and not a little deceit. Without Morris’s perseverance, a much weaker American president would be appointed by Congress, serve for seven years, could not be reelected, and have his powers tightly constrained.Charting the presidency as it evolved during the administrations of Washington, Adams, and Jefferson, Raphael shows how, given the Constitution’s broad outlines, the president’s powers could easily be augme

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Book SynopsisAn enlightening, intensely researched examination of violations of the constitutional principles that preserve individual rights and civil liberties from courtrooms to classrooms. With telling anecdote and detail, Pulitzer Prize–winner David K. Shipler explores the territory where the Constitution meets everyday America, where legal compromises—before and since 9/11—have undermined the criminal justice system’s fairness, enhanced the executive branch’s power over citizens and immigrants, and impaired some of the freewheeling debate and protest essential in a constitutional democracy. Shipler demonstrates how the violations tamper with America’s safety in unexpected ways. While a free society takes risks to observe rights, denying rights creates other risks. A suspect’s right to silence may deprive police of a confession, but a forced confession is often false. Honoring the right to a jury trial may be cumbersome, but e

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Book SynopsisAMERICAN ASSOCIATION OF PUBLISHERS PROSE AWARD FINALIST  “Essential and fresh and vital . . . It is the argument of this important book that until Americans can reimagine rights, there is no path forward, and there is, especially, no way to get race right. No peace, no justice.”—from the foreword by Jill Lepore, New York Times best-selling author of These Truths: A History of the United States An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice. You have the right to remain silent—and the right to free speech. The right to worship, and to doubt. The right to be free from discrimination, and to hate. The right to life, and the right to own a gun. Rights are a sacred part of American identity. Yet they also are the source of some of our greatest divisions. We belie

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Book SynopsisOver the past 40 years, countries throughout the world have similarly adopted human rights related to environmental governance and protection in national constitutions. Interestingly, these countries vary widely in terms of geography, politics, history, resources, and wealth. This raises the question: why do some countries have constitutional environmental rights while others do not? Bringing together theory from law, political science, and sociology, a global statistical analysis, and a comparative study of constitutional design in South Asia, Gellers presents a comprehensive response to this important question. Moving beyond normative debates and anecdotal developments in case law, as well as efforts to describe and categorize such rights around the world, this book provides a systematic analysis of the expansion of environmental rights using social science methods and theory. The resulting theoretical framework and empirical evidence offer new insights into how domestic and interTrade ReviewIn his superbly-written new book, Professor Josh Gellers offers us an exciting, radically different and ground-breaking transdisciplinary perspective on the emergence of constitutional environmental rights through an innovative application of social science methods and empirical inquiries. As a leading political scientist and legal scholar, Professor Gellers is perfectly placed to pry open restrictive methodological approaches, providing as he does, fresh insights for lawyers to appreciate why countries actually adopt constitutional environmental rights.Professor Louis J. KotzéResearch Professor, North-West University, South AfricaIn this exciting comparative environmental travelogue, Gellers maintains with wealth of impressive empirical evidence that international environmental norms make and mould ‘state identities’ and shape the design of national constitutions. All those especially interested in green governance and Anthropocene justice should find this rich work very rewarding.Upendra BaxiEmeritus Professor of Law, University of Warwick and DelhiThe author’s novel interdisciplinary analytical device called "a world cultural framework of constitutional environmental rights" incorporating theories from international relations, sociology and law, seeks to improve our understanding of the emergence of environmental rights. He does so by skillfully drawing upon quantitative and qualitative analyses involving Nepal and Sri Lanka.Sumudu AtapattuDirector of Research Centers at University of Wisconsin Law SchoolIn his superbly-written new book, Professor Josh Gellers offers us an exciting, radically different and ground-breaking transdisciplinary perspective on the emergence of constitutional environmental rights through an innovative application of social science methods and empirical inquiries. As a leading political scientist and legal scholar, Professor Gellers is perfectly placed to pry open restrictive methodological approaches, providing as he does, fresh insights for lawyers to appreciate why countries actually adopt constitutional environmental rights.Professor Louis J. KotzéResearch Professor, North-West University, South AfricaIn this exciting comparative environmental travelogue, Gellers maintains with wealth of impressive empirical evidence that international environmental norms make and mould ‘state identities’ and shape the design of national constitutions. All those especially interested in green governance and Anthropocene justice should find this rich work very rewarding.Upendra BaxiEmeritus Professor of Law, University of Warwick and DelhiThe author’s novel interdisciplinary analytical device called "a world cultural framework of constitutional environmental rights" incorporating theories from international relations, sociology and law, seeks to improve our understanding of the emergence of environmental rights. He does so by skillfully drawing upon quantitative and qualitative analyses involving Nepal and Sri Lanka.Sumudu AtapattuDirector of Research Centers at University of Wisconsin Law SchoolOverall, this book is a significant contribution to the growing literature on constitutional environmental rights. Gellers’ empirical, mixed-methods approach sets the bar high for other scholars seeking to tackle the many remaining questions in this field.David Boyd, the UN Special Rapporteur on Human Rights and the EnvironmentTable of ContentsTable of ContentsList of figures and tables Acknowledgements List of abbreviations 1 Constitutions, human rights, and the environment 2 National constitutions in world society 3 The global expansion of environmental rights 4 The experiences of Nepal and Sri Lanka 5 Constitutions for a greener future? Appendix: Technical discussion of qualitative research methodology Index

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Book SynopsisA work of striking political and legal imagination. Aziz Rana, author of The Two Faces of American FreedomTrade Review"Provocative and sensible.… Robert L. Tsai shows us that in the never-ending struggle for equality, progress is sometimes more effectively achieved indirectly." -- David Cole, national legal director, ACLU"Robert L. Tsai brilliantly describes great court decisions of the past that engaged in such bridge-building exercises, setting precedents for future justices to follow if they hope to sustain broad public support." -- Bruce Ackerman, author of We the People"Appalled by inequality, our minds turn immediately to its opposite. Sidestepping that impulse, as Tsai advocates, requires giving up a satisfying rhetorical clarity, but it may bring us closer to our moral common sense." -- Joshua Rothman - New Yorker"Robert L. Tsai develops his argument via a great array of well-told historical and contemporary cases, and he is deeply alive to the perils as well as the promise of his proposal." -- William E. Forbath, coauthor of The Anti-Oligarchy Constitution

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Book SynopsisThis book interweaves an authoritative authorial commentary â significantly expanded from the last edition - with extracts from a diverse and contemporary collection of cases and materials from three leading academics in the field. It provides an all-encompassing student guide to constitutional, administrative and UK human rights law.This fourth edition provides comprehensive coverage of all recent developments, including the Fixed Term Parliaments Act 2011, restrictions on judicial review (Criminal Justice and Courts Act 2015), changes to judicial appointments (Crime and Courts Act 2013), the 2014 Scottish Independence Referendum, Scotland Act 2016 and draft Wales Bill 2016. Recent devolution cases in the Supreme Court, including Imperial Tobacco (2012) and Asbestos Diseases (2015) are fully analysed, as is the 2015 introduction of English Votes for English Laws. The remarkable Evans (2015) âBlack Spider memosâ case is considered in a number of chapters. The common law rightTable of Contents1. Constitutional Theory and the British Constitution after Devolution. 2. The Nature and Role of Constitutional Conventions. 3. The Rule of Law and the Separation of Powers. 4. Parliamentary Sovereignty. 5. The European Union and Parliamentary Sovereignty. 6. Devolution. 7. The European Convention on Human Rights. 8. The Commons: Elections, Parties, Legislation and Scrutiny. 9. The House of Lords and Reform. 10. Parliamentary Privilege. 11. Prerogative Powers. 12. The Central Executive: Structures and Accountability. 13. Official Secrecy and Access to Information. 14. Judicial Review: Availability, Applicability, Procedural Exclusivity. 15. Grounds of Judicial Review. 16. Ombudsmen. 17. The Traditional Protection of Civil Liberties in Britain and the Impact of the Human Rights Act 1998. 18. Freedom of Expression. 19. Freedom of Assembly, Public Protest and Public Order. 20. Police Powers.

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Book SynopsisA rigorous analysis of systemic misogyny in the law and a thoughtful exploration of the tools needed to transcend it through constitutional change beyond litigation in the courts. Just as racism is embedded in the legal system, so is misogynyeven after the law proclaims gender equality and criminally punishes violence against women. In After Misogyny, Julie C. Suk shows that misogyny lies not in animus but in the overempowerment of men and the overentitlement of society to women's unpaid labor and undervalued contributions. This is a book about misogyny without misogynists. From antidiscrimination law to abortion bans, the law fails women by keeping society's dependence on women's sacrifices invisible. Via a tour of constitutional change around the world, After Misogyny shows how to remake constitutional democracy. Women across the globe are going beyond the antidiscrimination paradigm of American legal feminism and fundamentally resetting baseline norms and entitlements. That Trade Review"In this intriguing scholarly treatise, Fordham University law professor Suk (We the Women) documents how the law protects men’s 'overentitlement' and 'overempowerment' and examines efforts to correct the problem through constitutional reform. . . . a well-informed and actionable diagnosis of one of society’s most persistent ills" * Publishers Weekly *"'This world has always belonged to males, and none of the reasons given for this have ever seemed sufficient,' Simone de Beauvoir wrote in her 1949 foundational text, The Second Sex. The spirit of de Beauvoir pervades After Misogyny, a provocative new book by Julie C. Suk, a professor at Fordham University School of Law. . . . Credit is due to Suk for detailing how progress has been accomplished in other countries, and for inviting us to think about how true gender equality can be achieved—after misogyny." * Ms. Magazine *“Ambitious. . . . Contributes to a feminist literature on equality and care spanning centuries and national boundaries, yet offers timely diagnoses and prescriptions for the United States at a very particular moment.” * Jotwell *"Suk ’03 traces how misogyny has persisted in the law even after the end of legal patriarchy. Adopting a global perspective, Suk defines misogyny not only as hatred against women but also as overentitlement to women’s sacrifices. She examines how abortion bans compel women’s reproductive labor and assume a patriarchal notion of the public good. Suk also discusses how past generations of women have resisted misogynistic legal structures, including through the temperance movement." * Yale Law Report *Table of ContentsContents Introduction: Legal Patriarchy and Its Aftermath PART I HOW THE LAW FAILS WOMEN: MISOGYNY BEYOND MISOGYNISTS 1. The Equal Protection of Feminists and Misogynists 2. Overentitlement and Overempowerment 3. Misogyny and Maternity: Abortion Bans as Overentitlement PART II WHAT TO DO ABOUT IT: REMAKING CONSTITUTIONS AND DEMOCRACY 4. From Patriarchy to Prohibition: Resetting Entitlements through Constitutional Change 5. Rebalancing Power through Parity Democracy 6. Building Feminist Infrastructures: The Constitutionalism of Care Conclusion: Toward a Feminist Remaking of Constitutional Democracy Acknowledgments Notes Selected Bibliography Index

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Book SynopsisWho ought to govern those held in custody, and by what right?Democracy in Captivityexamines various efforts to answer these questions, centering on two case studies at custodial institutions: the rise and demise of patient self-governance at St. Elizabeths Hospital in Washington, DC, between 1947 and 1965 and the prisoner-organized governance of Massachusetts's Walpole State Prison following a 1973 prison-guard strike. As Christopher D. Berk shows, the promise of these initiatives was tempered by the custodians' backlash to their wards' attempts at self-rule. This backlash arrived not only in the blunt forms of restraint chairs, riot gear, and a surgeon's scalpel but also as more covert measures taken under the cover of so-called democratic managementwhich in turn entrenched disenfranchisement and naturalized authoritarian rule. Turning from these case studies to a wider consideration of custody and democracy, Berk explores pathologies that have captured the politics of punishment, witTable of ContentsContents Acknowledgments 1. Custody and Democracy 2. Patients, Prisoners, Children, and Travelers 3. Mad Politics 4. Community Control in Custody 5. On Prison Democracy 6. Democratic Erosion Notes Bibliography Index

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Book SynopsisBased on historical archives, interviews, and a survey evidence, this title suggests that the gun control campaign has been stymied by a combination of factors, including the inability to secure patronage resources, difficulties in articulating a message that resonates with supporters, and strategic decisions made in the name of effective policy.Trade Review"Goss has written an excellent book, useful to all students of lobbying... This thoughtful, well-documented book should be read and examined by would-be gun control activists and other advocates for social reform."--Choice "Rarely does a book make a significant contribution to two separate fields, but this work by Kristin Goss does. Readers interested in social movements and social movement theory will find an interesting case study of a movement that never happened--efforts to strengthen gun control laws in the United States. Those who study gun control will encounter a unique perspective on the interest group politics and policy making of firearms regulation. Well-researched and clearly written, the book is insightful and informative. Goss's journalistic background is evident, both in her prose and in the relative brevity of the book. Her arguments are clearly elucidated in a first chapter that should serve as a model."--Harry L. Wilson, Political Science QuarterlyTable of ContentsList of Figures ix List of Tables xi Acknowledgments xiii CHAPTER ONE: The Gun Control (Participation) Paradox 1 CHAPTER TWO: A Movement in Theory 31 CHAPTER THREE: Socializing Costs: Patronage and Political Participation 73 CHAPTER FOUR: Personalizing Benefits: Issue Frames and Political Participation 105 CHAPTER FIVE: Changing the Calculation: Policy Incrementalism and Political Participation 145 CHAPTER SIX: Mobilizing around Modest Measures: Three Cases 176 CHAPTER SEVEN: Conclusion: Politics, Participation, and Public Goods 190 Appendix A: Gun-Related Trends 201 Appendix B: Brief Case Studies of Other Social-Reform Movements 204 Appendix C: Survey of Million Mom March Participants 208 Notes 215 References 249 Index 271

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Book SynopsisReveals how the story about the formalist age was an invention of politically motivated critics of the courts, and how it has led to significant misunderstandings about legal realism. This title traces how this false tale has distorted studies of judging by political scientists and debates among legal theorists.Trade Review"Tamanaha has written a provocative challenge to conventional wisdom about the rise of judicial realism... Strongly recommended for scholars and students of law, political science, and history."--Choice "Beyond the Formalist-Realist Divide is a clearly written and groundbreaking book. Although its focus is historical, its objective--in which it succeeds--is to change the way we think about law today."--Henry Cohen, Federal Lawyer "Tamanaha's book reflects some striking research into the views of (largely forgotten or neglected) 19th-century law professors and jurists, and the material he has brought to our attention will demand attention from legal historians... [W]e should be grateful to Tamanaha for his provocative historical research, for laying down a vigorous challenge that should be met by historians of ideas and social scientists, and for imparting appropriate intellectual caution and modesty to future writers who might otherwise be prone to casual talk about a 'formalist' age in American legal thought."--Brian Leiter, Legal Theory "Tamanaha's ... book will change the way we think about both formalism and realism, about the history of legal scholarship and about the empirical study of judicial decision making."--Edward Rubin, Law and Politics ReviewTable of ContentsAcknowledgments ix CHAPTER 1: Introduction 1 PART ONE: THE LEGAL FORMALISTS CHAPTER 2: The Myth about Beliefs in the Common Law 13 CHAPTER 3: The Myth about "Mechanical Jurisprudence" 27 CHAPTER 4: The Holes in the Story about Legal Formalism 44 PART TWO: The Legal Realists CHAPTER 5: Realism before the Legal Realists 67 CHAPTER 6: A Reconstruction of Legal Realism 91 PART THREE: STUDIES OF JUDGING CHAPTER 7: The Slant in the "Judicial Politics" Field 111 CHAPTER 8: What Quantitative Studies of Judging Have Found 132 PART FOUR: LEGAL THEORY CHAPTER 9: The Emptiness of "Formalism" in Legal Theory 159 CHAPTER 10: Beyond the Formalist-Realist Divide 181 Afterword 200 Notes 203 Index 251

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Book SynopsisExamines opinions by constitutional courts in liberal democracies to better understand the logic and nature of constitutional review. This book argues that the constitutional judge's role is nothing like that of the legislator or chief executive, or even the ordinary judge.Trade Review"Robertson offers the field of comparative judicial politics a thoughtful, carefully researched book that confronts conventional wisdom on constitutional courts and jurists... An exceptional book."--Choice "The book is fascinating for some of its arguments in relation to the position of judges in liberal democracies and will be of interest to scholars of both law and politics."--Kawu Bala, Political Studies Review "The Judge as Political Theorist contains an interesting and well-presented argument that re-imagines the job of judges who render decisions on constitutional matters... [G]enerally his conclusions make intuitive sense and are supported by tangible evidence. Furthermore, at a systematic level, Robertson's portrayal of various constitutional courts choosing alternative approaches to solve a shared set of general political problems fits nicely with theories trying to explain the unique position of the court as a non-political actor that must make inherently political decisions that define the role of government in society."--Matt Hartz, Journal of International Law and PoliticsTable of ContentsPreface ix Chapter One: The Nature and Function of Judicial Review 1 Chapter Two: Germany: Dignity and Democracy 40 Chapter Three: Eastern Europe: (Re)Establishing the Rule of Law 83 Chapter Four: France: Purely Abstract Review 143 Chapter Five: Canada: Imposing Rights on the Common Law 187 Chapter Six: South Africa: Defining a New Society 226 Chapter Seven: Tests of Unconstitutionality and Discrimination 281 Chapter Eight: Conclusions: Constitutional Jurists as Political Theorists 347 Cases Cited 385 Bibliography 393 Index 407

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Book SynopsisIn The Religious Left and Church-State Relations, noted constitutional law scholar Steven Shiffrin argues that the religious left, not the secular left, is best equipped to lead the battle against the religious right on questions of church and state in America today. Explaining that the chosen rhetoric of secular liberals is poorly equipped to arguTrade ReviewOne of Tikkun Magazine's 25 Recommended Titles for 2009 "The Religious Left and Church-State Relations offers a tour-de-force account of the First Amendment's religion clauses and how they should be interpreted. This is no dry academic exercise, but rather a direct response to conservatives who view supporters of church-state separation as uncaring, even hostile, toward organized religion. The book is a refutation by one who cares deeply."--Robert K. Vischer, Commonweal "The Religious Left is a valuable and provocative book. Scholars of law, religion, and politics will want to mull over Shiffrin's cogent and artfully argued conclusions. Shiffrin has made an important contribution to the literature at the evergreen intersection of constitutional and political theory. The seasoning and deep learning of Shiffrin's mind permeate the book's pages."--Marc O. DeGirolami, Journal of Law and Religion "Shiffrin has made an excellent contribution with this book, one on which he and others may now build."--Melissa Rogers, Journal of Church and State "Shiffrin presents an interesting argument in this volume: the religious Left is better equipped than the secular Left to challenge the religious Right on questions of church and state in the U.S... A useful book for students of constitutional law and religion in the U.S."--ChoiceTable of ContentsPreface ix Introduction 1 PART I: THE PLURALISTIC FOUNDATIONS OF THE RELIGION CLAUSES 9 Chapter 1. Overview of Part I 11 Chapter 2. The Free Exercise Clause 16 The Court's Approach 16 Liberal Theory 17 Communitarian Theory 18 Free Exercise Values 20 Applying the Free Exercise Clause 23 Chapter 3. Establishment Clause Values 28 Liberty and Autonomy 29 Equality 30 Stability 31 Promoting Political Community 31 Protecting the Autonomy of Government 32 Protecting Churches 32 Promoting Religion 34 Chapter 4. Applying the Establishment Clause 41 Acceptable Deviations from Equality 42 Unacceptable Conformity with Equality: Equality in the Public School Classroom 54 Concluding Observations about Part I 58 PART II: THE FIRST AMENDMENT AND THE SOCIALIZATION OF CHILDREN: COMPULSORY PUBLIC EDUCATION AND VOUCHERS 61 Chapter 5. Compulsory Public Education 63 Pierce v. Society of Sisters: A Landmark Case 65 The Purposes of Public Education 68 The Limits of Compulsory Public Education 74 Constitutional? Sometimes. Good Public Policy? No. 80 Chapter 6. Vouchers 82 Are Vouchers Constitutionally Required? 82 Wise Policy for Preadolescents? 83 Should Vouchers Be Constitutionally Permitted for Religious Schools? 86 Concluding Observations about Part II 93 PART III . RELIGION AND PROGRESSIVE POLITICS 95 Chapter 7. Religion and Progressive Politics 97 Secular Liberalism 100 Religious Liberalism 106 Chapter 8. The Politics of Liberalism 110 The Relative Political Attractiveness of Secular and Religious Liberalism 110 Religion and American Party Politics 125 Grassroots Democracy, Liberal Politics, and Excessive Religious Hostility 127 Conclusion 134 Notes 137 Index 237

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Book SynopsisTo understand one another as individuals and to fulfill the moral duties that require such understanding, we must communicate with each other. We must also maintain protected channels that render reliable communication possible, a demand that, Seana Shiffrin argues, yields a prohibition against lying and requires protection for free speech. This boTrade Review"In her provocative, densely argued and important new book, philosopher Seana Valentine Shiffrin argues that Kant has been misinterpreted... Shiffrin's concern in the punningly titled Speech Matters is to show how telling the truth is fundamental to maintaining the cherished goal of freedom of speech."--Andrew Hadfield, Times Higher Education "Thoughtful and thought provoking."--Choice "As compelling defense of sincere communication, Shiffrin's book deserves to be read and contemplated not just by academics interested in the morality of communication, not just by lawyers concerned with the bounds of free speech, but by anyone struggling to define her duties to herself and others in a world awash in lies."--Leslie Kendrick, Harvard Law ReviewTable of ContentsAcknowledgments ix Introduction 1 CHAPTER ONE Lies and the Murderer Next Door 5 CHAPTER TWO Duress and Moral Progress 47 CHAPTER THREE A Thinker-Based Approach to Freedom of Speech 79 CHAPTER FOUR Lying and Freedom of Speech 116 CHAPTER FIVE Accommodation, Equality, and the Liar 157 CHAPTER SIX Sincerity and Institutional Values 182 Index 225

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Book SynopsisArmed interventions in Libya, Haiti, Iraq, Vietnam, and Korea challenged the US president and Congress with a core question of constitutional interpretation: does the president, or Congress, have constitutional authority to take the country to war? War Powers argues that the Constitution doesn't offer a single legal answer to that question. But itsTrade ReviewWinner of the 2014 Richard E. Neustadt Award, Presidents and Executive Politics Section of the American Political Science Association "Zeisberg has written a sophisticated, painstakingly researched analysis focusing on the age-old question of the proper allocation of war powers between Congress and the president."--Choice "War Powers is an important entry into a vital substantive area where the concerns of scholars connect to real world problems that impact leaders and citizens across the globe. The author's creative and ambitious account deserves further development, defense, and elaboration, including its application to separation of powers contexts well beyond struggles over war."--Bruce Peabody, Congress and the Presidency "An ambitious new book."--Joseph Margulies, Political Science QuarterlyTable of ContentsChapter 1: Who Has Authority to Take the Country to War? 1 Chapter 2: Presidential Discretion and the Path to War: The Mexican War and World War II

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Book SynopsisTrade Review"Su Li is, by many measures, the single most influential Chinese legal academic of the past twenty years. This is one of the most important works on historical Chinese constitutionalism to come out in years, and will most certainly be a milestone work against which future research in this area will be constantly measured."—Taisu Zhang, Yale Law School"A bold theoretical exploration and systematic reinterpretation of ancient constitutionalism, this book forms a new space for the analysis of the Chinese political-legal system that encompasses the ancient in the modern."—Xiang Feng, Tsinghua University

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Book SynopsisAfter a distinguished career as a jurist in Germany, Alfred Oppler came to the United States in 1939, and in 1946 was invited to Tokyo, where he was SCAP's authority on reform of the Japanese legal order to implement the principles of the new Constitution. Here is his account of the legal reforms and the methods used to achieve them. The author desTable of Contents*Frontmatter, pg. i*Foreword, pg. vii*Contents, pg. xv*List of Illustrations, pg. xvii*Acknowledgments, pg. xix*Introduction, pg. 1*1. Assignment to Japan, pg. 11*2. Arrival in Tokyo, pg. 16*3. Personalities and Objectives, pg. 22*4. The Mechanics of Communications and Commands, pg. 39*5. The New Constitution, pg. 43*6. The Courts and Law Division, pg. 65*7. The Legal and Judicial Reforms: A Cooperative Effort, pg. 72*8. Institutional Reforms, pg. 85*9. Reform of Substantive Law, pg. 111*10. Procedural Codes and Miscellaneous, pg. 130*11. A Diary for a Short Period, pg. 154*12. A Socialist-Led Cabinet, pg. 173*13. Japan's Civil Liberties Union and Eleanor Roosevelt, pg. 178*14. Happy Reunion, pg. 183*15. Charlotte and Women's Emancipation, pg. 189*16. Labor Problems and Communism, pg. 196*17. National Security versus Pacifism, pg. 208*18. Press Conferences and Public Speeches, pg. 214*19. Old and New Tasks in the Legal Section, pg. 220*20. A Visit to Military Government Units, pg. 242*21. Outbreak of the Korean Conflict, pg. 251*22. The Supreme Court Mission, pg. 255*23. MacArthur's Removal, pg. 276*24. SCAP without MacArthur, pg. 288*25. My Post-Occupation Period, pg. 293*26. Concluding Evaluation, pg. 318*Index, pg. 337

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Book SynopsisTells the story of how, in Hall v. Decuir, the post-Civil War US Supreme Court took its first step toward perpetuating the subjugation of the non-White population of the United States by actively preventing a Southern state from prohibiting segregation on a riverboat in the coasting trade on the Mississippi River.Trade Review"Beermann puts his expertise to good use while also enriching the story with historical sources and context. He draws on historians’ work to discuss Reconstruction and the place of free people of color in Louisiana."—Journal of Southern History"Beermann’s skillful discussion of the DeCuir litigation provides important insights into the lawyers and jurists who played critical roles in the case."—Journal of Interdisciplinary History"This extensively researched volume should appeal not only to those interested in the judiciary and civil rights but also to anyone curious about life and culture in south Louisiana during the immediate post-Civil War Era."—Journal of Supreme Court History "Racism in the United States dismantled the Civil War’s legal achievements and built the world of continuing and expanding racialized segregation, deprivations, and indignities—but how did this come to pass? It took the particularly effective combination of White resentment, judicial activism, legal abstractions, and political backlash to strip free people of color of rights, wealth, and status as shown in this detailed yet vivid and accessible account by Jack Beermann. Thanks to this book, the little-remembered Supreme Court rejection of state antidiscrimination laws and the valiant but unsuccessful efforts of Josephine Decuir and her lawyers take their rightful place in the crucial reckoning with vigorous federal destruction of equal treatment in the United States. Read this book to understand how ‘technicalities’ of inheritance law practice, the ‘dormant Commerce Clause,’ and Southern transportation policies mixed with White status desires to block equal treatment laws and create the ‘separate but equal’ regime."—Martha Minow, 300th Anniversary University Professor and former dean of Harvard Law School, and author of In Brown’s Wake: Legacies of America’s Educational Landmark"It’s about time the much-neglected US Supreme Court ruling Hall v. Decuir (1878) received serious book-length attention, for this ‘long-forgotten’ decision is more than an ironic milestone on the road to Plessy. In Jack Beermann’s telling, it is no less a poignant turning point in the decisive marginalization of nineteenth-century Louisiana’s mixed-race community. We owe him a huge debt for wresting this maddeningly tragic story from history’s hidden shadows."—Lawrence N. Powell, professor emeritus of history, Tulane University, and author of The Accidental City: Improvising New OrleansTable of Contents Preface and Acknowledgments Introduction 1. Louisiana’s and the Decuir and Dubuclet Families 2. Madame Decuir Returns from France and Hires New Lawyers 3. Madame Decuir’s Journey and Reconstruction 4. Madame Decuir’s Suit against Captain Benson 5. Judge Collum Decides 6. The Louisiana Supreme Court Affirms 7. Captain Benson Takes His Case to the US Supreme Court 8. Louisiana (and the Entire South) Redeemed 9. The Supreme Court Decides 10. The Completion of the Law’s Journey to “Equal, but Separate” Epilogue Appendix: The Commerce Clause Notes Index

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Book SynopsisExplores the history and legacy of Wong Kim Ark and the 1898 Supreme Court case that bears his name, which established the automatic citizenship of individuals born within the geographic boundaries of the United States.Trade Review"We have long needed a biography of Wong Kim Ark, and American by Birth delivers. It’s the history of American citizenship, the tireless efforts of one man and his lawyers to challenge cruel and racist policies, and Wong Kim Ark’s continuing legacy today. Nackenoff and Novkov’s timely book is a must-read!"—Erika Lee, author of America for Americans: A History of Xenophobia in the United States, and director of the Immigration History Research Center, University of Minnesota"American by Birth tells the compelling story of Wong Kim Ark—a Chinese American who was forced to defend his claim to US citizenship—and the landmark Supreme Court case that bears his name. Centering their study around his hard-won battle, Carol Nackenoff and Julie Novkov deftly trace the multiple origins of birthright citizenship and its sprawling consequences for American society."—Beth Lew-Williams, associate professor of history, Princeton University, and author of The Chinese Must Go: Violence, Exclusion, and the Making of the Alien in AmericaTable of Contents AcknowledgmentsIntroduction 1. The Foundations of American Citizenship 2. Chinese Immigration and the Legal Shift toward Exclusion 3. The Legal Battle over Exclusion 4. Who Was Wong Kim Ark? 5. Wong Kim Ark v. United States 6. Citizenship and Immigration: The Next Battles 7. Revisiting Jus Soli: Contemporary Developments (coauthored with Mari Vike) Chronology Notes Bibliography Index

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Book SynopsisDrawing on legal records and other archival documents, Jonathan Swainger considers the growth and development of the ostensibly apolitical Department of Justice in the eleven years after the union of 1867.Table of ContentsAcknowledgments1 Introduction2 An Apolitical Advisor: The Fiction of the Attorney General3 The Department of Justice and the Business of Governance4 Advisors to the Crown and the Prerogative of Mercy5 Canadian Penitentiaries and the Rhetoric of Nation, Centralization, and Reform6 The Department of Justice and the Judiciary7 ConclusionNotesBibliographyIndex

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Book SynopsisSince 1980, the Canadian women's movement has been an active participant in constitutional politics and Charter litigation. This book, through its focus on the Women's Legal Education and Action Fund (LEAF), presents a compelling examination of how Canadian feminists became key actors in developing the constitutional doctrine of equality, and how they mobilized that doctrine to support the movement's policy agenda.The case of LEAF, an organization that had as its goal the use of Charter litigation to influence legal rules and public policy, provides rich ground for Manfredi's keen analysis of legal mobilization. In a multitude of areas such as abortion, pornography, sexual assault, family law, and gay and lesbian rights, LEAF has intervened before the Supreme Court to bring its understanding of equality to bear on legal policy development. This study offers a deft examination of LEAF's arguments and seeks to understand how they affected the Court's consideration of the issuesTable of ContentsTablesAcknowledgementsIntroduction1 Legal Doctrine, Legal Mobilization and LEAF2 The Path to Substantive Equality3 Gaining Ground4 Family Matters: Breakdowns and Benefits5 A Difficult Dialogue6 Making A Difference: The Policy Consequences of Legal MobilizationConclusionNotesBibliographyCases CitedIndex

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Book SynopsisThe first full-length study of the void-for-vagueness doctrine and its implications in Canadian constitutional law.Trade ReviewIn this intriguing book, March Ribeiro undertakes a detailed study of the vagueness doctrine in Canadian constitutional law ... for those interested in constitutional law and legal theory, this book is highly recommended. In addition, by providing not only the theoretical context in which the vagueness doctrine is situated but also practical guidance for legislative drafters, this fascinating book will prove to be of value to legislators and other legal professionals. -- Devrin Froese * Saskatchewan Law Review, vol. 69, 2006 *Table of ContentsForewordAcknowledgmentsIntroduction1 The Principle of Legality2 The Rule of Law3 The Content of the Vagueness Doctrine4 The Place of the Vagueness Doctrine in the CharterConclusionNotesBibliographyIndex

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Book SynopsisDrawing from systematically collected information on the process, applications, and lawyers that has never before been used in studies of Canada’s Supreme Court, this book offers both a qualitatively and quantitatively-based explanation of how Canada’s justices grant judicial review.Trade ReviewFrom the safe refuge as a professor at Texas A & M University, the author defines the Supreme Court of Canada as a political institution subject to the usual incentives and constraints as those experienced by members of more recognizable political institutions. In assessing how the Supreme Court decides what cases to hear the author postulates how it is done and while so doing is helpful to lawyers seeking leave to appeal. The author has prepared tables of variables that lawyers may look at to find a fit. This book is a must for trial lawyers. -- Ronald F. MacIsaac * The Saskatchewan Advocate *The study described in Tournament of Appeals is interesting and timely. Which appeals the Supreme Court chooses to hear will affect the development of law and policy in Canada. How they choose these appeals should therefore be of great interest to the public at large, and the legal profession in particular. If the Court itself will not tell us how it is done, this study narrows the possibilities, and expands our understanding, not only of the Supreme Court of Canada, but also of the United States Supreme Court and the highest courts of other countries. -- Reche J. McKeague * Saskatchewan Law Review 2005, Vol 68 *I cannot count the times I have heard lawyers put forward their various theories on their own successes and failures, so they may well find this little text very illuminating. -- Ronald F. MacIsaac * The Barrister *Table of ContentsFigures and TablesPreface and Acknowledgments1 Judicial Review and Agenda Setting: American Accounts and the Canadian Setting2 Tournaments and Stratification of Canada’s Supreme Court Bar3 Litigants, Lawyers, and the Tournament of Appeals4 Tournament Rules and the Consequences of Institutional Choices5 The Court Game: Strategy and Consensus among the Tournament’s Judges6 Conclusion: Canadian Variations of American ThemesNotesReferencesIndex

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Book SynopsisCanada's Supreme Court decides cases with far-reaching effects on Canadian politics and public policies. When the Supreme Court sets cases on its agenda, it exercises nearly unrestrained discretion and considerable public authority. But how does the Court choose these cases in the first place?Tournament of Appeals investigates the leave to appeal process in Canada and explores how and why certain cases win a place on the Court's agenda and others do not. Drawing from systematically collected information on the process, applications, and lawyers that has never before been used in studies of Canada's Supreme Court, Flemming offers both a qualitatively and quantitatively-based explanation of how Canada's justices grant judicial review.The first of its kind, this innovative study will draw the attention of lawyers, academics, and students in Canada as well as in the Commonwealth or Europe, where the appeals process in the high courts is similar to that of Canada.<Trade ReviewFrom the safe refuge as a professor at Texas A & M University, the author defines the Supreme Court of Canada as a political institution subject to the usual incentives and constraints as those experienced by members of more recognizable political institutions. In assessing how the Supreme Court decides what cases to hear the author postulates how it is done and while so doing is helpful to lawyers seeking leave to appeal. The author has prepared tables of variables that lawyers may look at to find a fit. This book is a must for trial lawyers. -- Ronald F. MacIsaac * The Saskatchewan Advocate *The study described in Tournament of Appeals is interesting and timely. Which appeals the Supreme Court chooses to hear will affect the development of law and policy in Canada. How they choose these appeals should therefore be of great interest to the public at large, and the legal profession in particular. If the Court itself will not tell us how it is done, this study narrows the possibilities, and expands our understanding, not only of the Supreme Court of Canada, but also of the United States Supreme Court and the highest courts of other countries. -- Reche J. McKeague * Saskatchewan Law Review 2005, Vol 68 *I cannot count the times I have heard lawyers put forward their various theories on their own successes and failures, so they may well find this little text very illuminating. -- Ronald F. MacIsaac * The Barrister *Table of ContentsFigures and TablesPreface and Acknowledgments1 Judicial Review and Agenda Setting: American Accounts and the Canadian Setting2 Tournaments and Stratification of Canada’s Supreme Court Bar3 Litigants, Lawyers, and the Tournament of Appeals4 Tournament Rules and the Consequences of Institutional Choices5 The Court Game: Strategy and Consensus among the Tournament’s Judges6 Conclusion: Canadian Variations of American ThemesNotesReferencesIndex

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Book SynopsisSince the introduction of the Canadian Charter of Rights and Freedoms in 1982, the question of judicial power and its relationship to parliamentary democracy has been an important one in Canadian politics. Some critics, suspicious of what they perceive as the activism of unelected and unaccountable judges, view the increased power of the Supreme Court as a direct challenge to parliament. But has parliamentary democracy been weakened by judicial responses to the Charter?In Governing with the Charter, James Kelly clearly demonstrates that our current democratic deficit is not the result of the Supreme Court's judicial activism. On the contrary, an activist framers' intent surrounds the Charter, and the Supreme Court has simply, and appropriately, responded to this new constitutional environment. While the Supreme Court is admittedly a political actor, it is not the sole interpreter of the Charter, as the court, the cabinet, and bureaucracy all respond to the document, which hasTrade ReviewGoverning With the Charter offers a number of challenging insights into the new era of Canadian politics. The theory of multiple rights activism, the historical analysis of framers’ intent, the reconceptualization of judicial activism, and the normative implications for the future make this a most satisfying volume for the scholar of Canadian law, as well as for the general comparative courts researcher. -- David L. Weiden * Law and Politics Book Review, vol. 16, no. 6 *Table of ContentsAcknowledgmentsAcronymsIntroductionPart 1: Democratic Activism and Constitutional Politics1 Democracy and Judicial Review2 Constitutional Politics and the Charter3 Framers’ Intent and the Parliamentary ArenaPart 2: Judicial Activism and the Supreme Court of Canada4 The Supreme Court and Police Conduct5 Guardians of the ConstitutionPart 3: Legislative Activism and the Policy Process6 The Charter and Canadian Federalism7 Governing with the Charter of RightsConclusionBibliographyIndex

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Book SynopsisSince the introduction of the Canadian Charter of Rights and Freedoms in 1982, the question of judicial power and its relationship to parliamentary democracy has been an important one in Canadian politics. Some critics, suspicious of what they perceive as the activism of unelected and unaccountable judges, view the increased power of the Supreme Court as a direct challenge to parliament. But has parliamentary democracy been weakened by judicial responses to the Charter?In Governing with the Charter, James Kelly clearly demonstrates that our current democratic deficit is not the result of the Supreme Court's judicial activism. On the contrary, an activist framers' intent surrounds the Charter, and the Supreme Court has simply, and appropriately, responded to this new constitutional environment. While the Supreme Court is admittedly a political actor, it is not the sole interpreter of the Charter, as the court, the cabinet, and bureaucracy all respond to the document, which hasTrade ReviewGoverning With the Charter offers a number of challenging insights into the new era of Canadian politics. The theory of multiple rights activism, the historical analysis of framers’ intent, the reconceptualization of judicial activism, and the normative implications for the future make this a most satisfying volume for the scholar of Canadian law, as well as for the general comparative courts researcher. -- David L. Weiden * Law and Politics Book Review, vol. 16, no. 6 *Table of ContentsAcknowledgmentsAcronymsIntroductionPart 1: Democratic Activism and Constitutional Politics1 Democracy and Judicial Review2 Constitutional Politics and the Charter3 Framers’ Intent and the Parliamentary ArenaPart 2: Judicial Activism and the Supreme Court of Canada4 The Supreme Court and Police Conduct5 Guardians of the ConstitutionPart 3: Legislative Activism and the Policy Process6 The Charter and Canadian Federalism7 Governing with the Charter of RightsConclusionBibliographyIndex

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Book SynopsisCourts and Federalism examines recent developments in thejudicial review of federalism in the United States, Australia, andCanada. Through detailed surveys of these three countries, Gerald Baierclearly demonstrates that understanding judicial doctrine is key tounderstanding judicial power in a federation. Baier offers overwhelmingevidence of doctrine's formative role in division-of-powerdisputes and its positive contribution to the operation of a federalsystem. Courts and Federalism urges political scientists totake courts and judicial reasoning more seriously in their accounts offederal government.Courts and Federalism will appeal to readers interested inthe comparative study of law and government as well as the interactionof law and federalism in contemporary society.Table of ContentsAcknowledgments Introduction 1. Judicial Doctrine as an Independent Variable in Federalism 2. A Brief History of Federalism Doctrine in Practice 3. The US Supreme Court: Revived Federalism 4. The Australian High Court: Legalistic Federalism 5. The Canadian Supreme Court: Balanced Federalism Conclusion Notes Bibliography Index

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Book SynopsisThe Charter of Rights and Freedoms  was introduced in 1982. Since then, Canada has experienced more than twenty-five years of constitutional politics and countless debates about whether the Canadian federation is integrating or disintegrating. There has, however, been no systematic attempt to identify general theories about Canada's constitutional evolution. Patrick James corrects this oversight by using systemism, a concept drawn from the philosophy of science, to identify and assess five theories that fall into the liberal or communitarian paradigms. These theories are examined in the context of major issues such as the role of the courts or the status of Aboriginal peoples, and debates among advocates and critics of each theory are used to work toward a greater understanding of constitutional wrangling in Canada. By adding clarity to familiar debates, this succinct assessment of major writings on constitutional politics sharpens our vision of the past and the futurTrade Review"Patrick James provides a highly intelligent and balanced synthesis of twenty-five years of constitutional politics literature in Canada... He also develops an innovative theoretical approach (systemism) to evaluate competing constitutional theories and to test the theoretical significance of competing constitutional approaches. Simply put, as an exercise in theory building, testing, and evaluation, this book makes a unique contribution to the state of Canadian politics and constitutional studies. - James Kelly, Department of Political Science, Concordia University"Table of Contents1 Constitutional Politics in Canada: The Charter and Beyond2 Systemism and Canadian Constitutional Politics3 Identifying Concepts and Theories4 Liberal Theories: Negative Identity, Megapolitics, and Institutional Imbalance5 Communitarian Theories: Asymmetrical Federalism and the Citizens’ Constitution6 A Critique and Comparison of Liberal and Communitarian Theories7 ConclusionNotesReferencesIndex

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