Constitution Books

Book SynopsisPresents an alternative perspective on constitutional history. Telling, in a sense, the other side of the story of the Constitution, this book offers key insights into the ideas that helped to form the nation’s founding document and that continue to inform American politics and public life.Table of Contents Preface 1. The Anti-Federalists and the Development of Dissent 2. Three Strands of Anti-Federalism 3. First Impressions and Initial Objections 4. Opposition in Pennsylvania 5. Federalist Momentum 6. The Heart of the National Debate 7. Compromise in Massachusetts 8. Setbacks in the Northeast 9. Summer Convention Elections 10. Missed Opportunities in Maryland 11. Futility in South Carolina 12. the Virginia Convention 13. anti-Federalists of New York 14. The Constitution Ratified 15. Reconciliation and Resistance 16. Elections and Amendments 17. The Last Resistance and the Completion of the Union 18. An Anti-Federalist Constitution 19. The Prospects of an Anti-Federalist Constitution Notes Bibliography Index

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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 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 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 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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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 futurTable 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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Book SynopsisDespite the Supreme Court of Canada's crucial role in the country's legal system, many Canadians are in the dark about the inner workings of this institution. In Governing from the Bench, Emmett Macfarlane draws on interviews with current and former justices, former law clerks, and other staff members of the court to shed light on the institution's internal environment and decision-making processes. Challenging dominant theoretical and methodological approaches that fail to examine individual or structural forces that affect the court's decisions, he explores the complex role of the Supreme Court as an institution; exposes the rules, conventions, and norms that shape and constrain its justices' behaviour; and situates the court in its wider governmental and societal context. At once enlightening and engaging, Governing from the Bench is a much-needed and comprehensive exploration of an institution that touches the lives of all Canadians.Trade ReviewMacfarlane describes the aim of his book as being to “open the black box”; suffice it to say that he has done so masterfully by synthesizing earlier research and supplementing it with his own extensive work. He has produced not a meditation on how Supreme Court judging should work, but an empirical examination of how it does work, with important contributions from the point of view of the participants themselves ... Governing from the Bench is a gem of a book for anyone seeking to understand how power is exercised by the judiciary — an audience that should include everyone. -- Bob Tarantino * Literary Review of Canada, January-February 2014 *Macfarlane has made an original foray into the intricacies of Supreme Court decision making. Governing from the Bench has gone to considerable lengths towards opening the Supreme Court’s “black box,” and in doing so has brought historical institutionalism into the mainstream of the study of Canadian law and politics. I highly recommend it. -- Dave Snow, University of Calgary * Canadian Journal of Political Science *Table of ContentsIntroduction1 Studying Judicial Behaviour2 The Evolution of the Court and Its Justices3 Setting the Stage: Exploring Court Processes Leading to Decisions4 The Decision: Collegiality, Conflict, and Consensus5 A Question of Competence: Examining Judicial Policy Making6 The Court in Government and Society: Dialogue, Public Opinion, and the MediaConclusionNotesBibliographyIndex

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Book SynopsisHistorically, Canada's Constitution has been principally viewed as a federal framework or a rights bulwark. This book offers a brand new interpretation. The Strategic Constitution, as proposed by Irvin Studin, can be a framework for Canada to project strategic power in the world. This framework lays the foundations for a new school of Canadian constitutional scholarship.Studin begins by reducing the Constitution to its strategically relevant essentials or building blocks. He then provides a wide-ranging audit of the Constitution in terms of its implications for so-called factors of strategic power: the military, diplomacy, executive potency, natural resources, the economy, strategic communications, and the national population. He later applies the Strategic Constitution framework to four policy case studies: Canadian regional leadership in the Americas; bona fide war (as in Afghanistan); Arctic sovereignty; and counterterrorism.Provocative and well-argued, this book maTable of ContentsPrefaceIntroductionPart 1: The Conceptual Framework for Assessing Canadian Strategic Power in Constitutional Terms1 Framing Some Key Concepts2 Diplomacy3 The Military4 Government, or Pure Executive Potency5 Natural Resources (and Food)6 National Economic Might7 Communications8 Population9 The Strategic Constitution as Conceptual and Analytical FrameworkPart 2: Applying the Conceptual Framework: Four Policy Case StudiesCase Study A: Canadian Strategic Leadership in the AmericasCase Study B: Bona Fide WarCase Study C: Arctic SovereigntyCase Study D: National Security-CounterterrorismConclusionBibliographyIndex

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Book SynopsisBridging the solitudes of constitutional law and international relations, this book offers a brand new interpretation of Canada’s Constitution.Table of ContentsPrefaceIntroductionPart 1: The Conceptual Framework for Assessing Canadian Strategic Power in Constitutional Terms1 Framing Some Key Concepts2 Diplomacy3 The Military4 Government, or Pure Executive Potency5 Natural Resources (and Food)6 National Economic Might7 Communications8 Population9 The Strategic Constitution as Conceptual and Analytical FrameworkPart 2: Applying the Conceptual Framework: Four Policy Case StudiesCase Study A: Canadian Strategic Leadership in the AmericasCase Study B: Bona Fide WarCase Study C: Arctic SovereigntyCase Study D: National Security-CounterterrorismConclusionBibliographyIndex

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Book SynopsisPatriation and Its Consequences examines the political events and struggles that resulted in the 1981 agreement to patriate the Canadian constitution and sheds light on the political consequences of this key moment in Canadian history.Table of ContentsPart 1: Introduction: The Significance of Constitution Making1 Looking Back on Patriation and Its Consequences / Lois Harder and Steve Patten2 Constituting Constitutions: The Patriation Moment / Janine BrodiePart 2: Tracing the Long Road to Patriation3 Constitutional Nationalism: Politics, Law, and Culture on the Road to Patriation / Eric M. Adams4 The Evolution of the Charter / Barry L. Strayer5 The Rise of Spectator Constitutionalism, 1967-81 / P.E. BrydenPart 3: Shaping Patriation: Law, Political Vision, Political Actors, and Political Struggle6 Law, Politics, and the Patriation Reference of 1981 / Philip Girard7 The Judiciary in Trudeau’s Constitutional Vision: Intellectual Trajectory and Origins of the Charter / David Schneiderman8 More Distress than Enchantment: The Constitutional Negotiations of November 1981 Seen from Quebec / Guy Laforest and Rosalie Readman9 Tracking Justice: The Constitution Express to Section 35 and Beyond / Louise Mandell and Leslie Hall Pinder10 “28 – Helluva Lot to Lose in 27 Days”: The Ad Hoc Committee and Women’s Constitutional Activism in the Era of Patriation / Marilou McPhedran, Judith Erola, and Loren BraulPart 4: The Political and Constitutional Consequences of Patriation11 Patriation and the Law of Unintended Consequences / Peter Russell12 Canadian Federalism since Patriation: Advancing a Federalism of Empowerment / Alain-G. Gagnon and Alex Schwartz13 An Indigenous Constitutional Paradox: Both Monumental Achievement and Monumental Defeat / Kiera Ladner14 The Sad but True Story of a Shrinking Equality Opportunity Structure / Alexandra DobrowolskyList of Contributors; Index

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Book SynopsisPatriation and Its Consequences examines the political events and struggles that resulted in the 1981 agreement to patriate the Canadian constitution and sheds light on the political consequences of this key moment in Canadian history.Table of ContentsPart 1: Introduction: The Significance of Constitution Making1 Looking Back on Patriation and Its Consequences / Lois Harder and Steve Patten2 Constituting Constitutions: The Patriation Moment / Janine BrodiePart 2: Tracing the Long Road to Patriation3 Constitutional Nationalism: Politics, Law, and Culture on the Road to Patriation / Eric M. Adams4 The Evolution of the Charter / Barry L. Strayer5 The Rise of Spectator Constitutionalism, 1967-81 / P.E. BrydenPart 3: Shaping Patriation: Law, Political Vision, Political Actors, and Political Struggle6 Law, Politics, and the Patriation Reference of 1981 / Philip Girard7 The Judiciary in Trudeau’s Constitutional Vision: Intellectual Trajectory and Origins of the Charter / David Schneiderman8 More Distress than Enchantment: The Constitutional Negotiations of November 1981 Seen from Quebec / Guy Laforest and Rosalie Readman9 Tracking Justice: The Constitution Express to Section 35 and Beyond / Louise Mandell and Leslie Hall Pinder10 “28 – Helluva Lot to Lose in 27 Days”: The Ad Hoc Committee and Women’s Constitutional Activism in the Era of Patriation / Marilou McPhedran, Judith Erola, and Loren BraulPart 4: The Political and Constitutional Consequences of Patriation11 Patriation and the Law of Unintended Consequences / Peter Russell12 Canadian Federalism since Patriation: Advancing a Federalism of Empowerment / Alain-G. Gagnon and Alex Schwartz13 An Indigenous Constitutional Paradox: Both Monumental Achievement and Monumental Defeat / Kiera Ladner14 The Sad but True Story of a Shrinking Equality Opportunity Structure / Alexandra DobrowolskyList of Contributors; Index

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Book SynopsisIn 1982, after decades of determined mobilization by Aboriginal groups and their allies, the government of Canada formally recognized Aboriginal rights within its Constitution. The move reflected a consensus that states should and could use constitutionally enshrined group rights to protect and accommodate subnational groups within their borders. Decades later, however, almost no one is happy with the current state of Aboriginal rights in Canada, nor is there a consensus on what is wrong with these rights or how they can be fixed. Uncertain Accommodation tells the story of what went wrong.Dimitrios Panagos argues that the failure of Canada's Aboriginal rights jurisprudence is ultimately rooted in our inability to agree on what aboriginality means. Through incisive analysis of judicial decisions, legal submissions, and academic debates, he reveals the plurality of conceptions of aboriginality put forth over the past three decades and shows how the vision of AboriginalTrade ReviewThis book is highly recommended for professionals, scholars, and graduate students or simply for those interested in understanding how the state handles identity and group-related rights. -- E. Acevedo, California State University, Los Angeles * CHOICE *…Panagos succeeds in giving the intricate and controversial topic of aboriginality thorough treatment in a concise manner. Uncertain Accommodation generates interesting discussion that accommodates all readers, regardless of legal expertise … [This book] adds to the literature by providing a balanced and sophisticated analysis of where Canadian jurisprudence went wrong regarding the definition of Aboriginal rights, and what can be done to improve the situation. -- Braeden Pivnick * Saskatchewan Law Review *Table of ContentsIntroduction1 The Historical and Legal Framework for Section 352 Competing Approaches and Conceptualizations of Aboriginality 3 The Case for a Relational Approach4 The Nation-to-Nation, Colonial, and Citizen-State Approaches5 Submissions to the Court6 What the Justices Said7 Aboriginal Rights Jurisprudence and Identity Contestation8 A Problematic Conception of RightsConclusionNotesReferencesIndex

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Book SynopsisIn 1982, after decades of determined mobilization by Aboriginal groups and their allies, the government of Canada formally recognized Aboriginal rights within its Constitution. The move reflected a consensus that states should and could use constitutionally enshrined group rights to protect and accommodate subnational groups within their borders. Decades later, however, almost no one is happy with the current state of Aboriginal rights in Canada, nor is there a consensus on what is wrong with these rights or how they can be fixed. Uncertain Accommodation tells the story of what went wrong.Dimitrios Panagos argues that the failure of Canada's Aboriginal rights jurisprudence is ultimately rooted in our inability to agree on what aboriginality means. Through incisive analysis of judicial decisions, legal submissions, and academic debates, he reveals the plurality of conceptions of aboriginality put forth over the past three decades and shows how the vision of AboriginalTrade ReviewThis book is highly recommended for professionals, scholars, and graduate students or simply for those interested in understanding how the state handles identity and group-related rights. -- E. Acevedo, California State University, Los Angeles * CHOICE *…Panagos succeeds in giving the intricate and controversial topic of aboriginality thorough treatment in a concise manner. Uncertain Accommodation generates interesting discussion that accommodates all readers, regardless of legal expertise … [This book] adds to the literature by providing a balanced and sophisticated analysis of where Canadian jurisprudence went wrong regarding the definition of Aboriginal rights, and what can be done to improve the situation. -- Braeden Pivnick * Saskatchewan Law Review *Table of ContentsIntroduction1 The Historical and Legal Framework for Section 352 Competing Approaches and Conceptualizations of Aboriginality 3 The Case for a Relational Approach4 The Nation-to-Nation, Colonial, and Citizen-State Approaches5 Submissions to the Court6 What the Justices Said7 Aboriginal Rights Jurisprudence and Identity Contestation8 A Problematic Conception of RightsConclusionNotesReferencesIndex

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Book SynopsisSince the turn of the twenty-first century, Canadian unions have scored a number of important Supreme Court victories, securing constitutional rights to picket, bargain collectively, and strike. But how did the labour movement, historically hostile to judicial intervention in labour relations, come to embrace legal activism as a first line of defense as opposed to a last resort? Unions in Court documents the evolution of the Canadian labour movement's engagement with the Charter, demonstrating how and why labour has adopted a controversial, Charter-based legal strategy to challenge and change legislation that restricts union rights. This book's in-depth examination of constitutional labour rights will have critical implications for labour movements as well as activists in other fields. Trade Review"Larry Savage and Charles Smith in Unions in Court: Organized Labour and the Charter of Rights and Freedoms provide a lively and illuminating account of the evolution of Canadian labour law[…]" -- Braham Dabscheck * Industrial Relations / Relations industrielles *Unions in Court is a key account of a vital piece of Canadian history and is a must-read for anyone involved in labour law. It should find its way into public, academic, courthouse, and government libraries, and, of course, the collection of any private firm with a labour department. -- Ken Fox, Reference Librarian, Law Society of Saskatchewan Library * Canadian Law Library Review *Table of ContentsIntroduction: Law, Workers, and Courts1 Labour Rights in the Pre-Charter Era2 Disorganized Labour and the Charter of Rights3 Canadian Labour and the First Era of Charter Challenges4 A Legal Response to Neoliberalism5 The Possibilities and Limitations of Constitutional Labour Rights6 A New Era of Constitutional Labour RightsConclusion: Which Way Forward?Notes; References; Index

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Book SynopsisSince the turn of the twenty-first century, Canadian unions have scored a number of important Supreme Court victories, securing constitutional rights to picket, bargain collectively, and strike. But how did the labour movement, historically hostile to judicial intervention in labour relations, come to embrace legal activism as a first line of defense as opposed to a last resort? Unions in Court documents the evolution of the Canadian labour movement's engagement with the Charter, demonstrating how and why labour has adopted a controversial, Charter-based legal strategy to challenge and change legislation that restricts union rights. This book's in-depth examination of constitutional labour rights will have critical implications for labour movements as well as activists in other fields. Trade Review"Larry Savage and Charles Smith in Unions in Court: Organized Labour and the Charter of Rights and Freedoms provide a lively and illuminating account of the evolution of Canadian labour law[…]" -- Braham Dabscheck * Industrial Relations / Relations industrielles *Unions in Court is a key account of a vital piece of Canadian history and is a must-read for anyone involved in labour law. It should find its way into public, academic, courthouse, and government libraries, and, of course, the collection of any private firm with a labour department. -- Ken Fox, Reference Librarian, Law Society of Saskatchewan Library * Canadian Law Library Review *Table of ContentsIntroduction: Law, Workers, and Courts1 Labour Rights in the Pre-Charter Era2 Disorganized Labour and the Charter of Rights3 Canadian Labour and the First Era of Charter Challenges4 A Legal Response to Neoliberalism5 The Possibilities and Limitations of Constitutional Labour Rights6 A New Era of Constitutional Labour RightsConclusion: Which Way Forward?Notes; References; Index

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Book SynopsisCanadian public schools have long been entrusted with the mandate of socializing children. Yet this duty can rest uneasily alongside religious diversity questions.Grounding its analysis in three seminal Supreme Court cases involving religion in schools, Religious Diversity in Canadian Public Schools reveals legal processes that are unduly linear, compressing multidimensional conversations into an oppositional format and stripping away the voices of children themselves. Dia Dabby contends that schools are in fact microsystems worthy of their own consideration, and with the power to construct their own rules and relationships.This compelling work connects many of the themes that have animated public discourse since multiculturalism was officially enacted in Canada. Situating its analysis in relation to concepts of nation, education, and diversity, Religious Diversity in Canadian Public Schools encourages a deeper conversation about how religion is mediaTable of ContentsIntroduction1 Everyday Law in Schools2 Litigation about Religion and Education: On (Un)Heard Voices3 Mediating Religious Diversity in Public Schools4 The Administrative Governance of Public Schools5 Relations of Belonging in Education to Mediate DiversityConclusionNotes; Bibliography; Index

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Book SynopsisThis book, the second in the Landmark Cases in Canadian Law series, argues that in subsequent, post-Hunter v Southam decisions, the Supreme Court of Canada has strayed from the principles set out in that case, which were intended to protect the privacy of citizens from encroaching state power.Trade Review…it provides a thoughtful, critical counterpoint to those more practical texts. Academic and judicial libraries as well as prosecution departments and criminal law firms will find it to be a useful addition to their collections. -- Melanie Bueckert, Legal Research Counsel, Manitoba Court of Appeal * Canadian Law Library Review *Table of ContentsIntroduction1 Dickson’s Decision: The Supreme Court as Guardian of the Constitution2 The Threshold Test: A Reasonable Expectation of Privacy3 Lowering the Bar: The Supreme Court’s Failure to Maintain the Hunter Standard4 Expanding Search Powers: Search Incident to Arrest and Exigent CircumstancesConclusionAppendix: A Note on the EvidenceNotes; Bibliography; Index of Cases; Index

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Book SynopsisThis book, the second in the Landmark Cases in Canadian Law series, argues that in subsequent, post-Hunter v Southam decisions, the Supreme Court of Canada has strayed from the principles set out in that case, which were intended to protect the privacy of citizens from encroaching state power.Trade Review…it provides a thoughtful, critical counterpoint to those more practical texts. Academic and judicial libraries as well as prosecution departments and criminal law firms will find it to be a useful addition to their collections. -- Melanie Bueckert, Legal Research Counsel, Manitoba Court of Appeal * Canadian Law Library Review *Table of ContentsIntroduction1 Dickson’s Decision: The Supreme Court as Guardian of the Constitution2 The Threshold Test: A Reasonable Expectation of Privacy3 Lowering the Bar: The Supreme Court’s Failure to Maintain the Hunter Standard4 Expanding Search Powers: Search Incident to Arrest and Exigent CircumstancesConclusionAppendix: A Note on the EvidenceNotes; Bibliography; Index of Cases; Index

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Book SynopsisThis comprehensive analysis of the legally complex relationship between religion and public schools will compel readers to reconsider the role of law in education.Table of ContentsIntroduction1 Everyday Law in Schools2 Litigation about Religion and Education: On (Un)Heard Voices3 Mediating Religious Diversity in Public Schools4 The Administrative Governance of Public Schools5 Relations of Belonging in Education to Mediate DiversityConclusionNotes; Bibliography; Index

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Book SynopsisConstitutionalizing Criminal Law explains why the Supreme Court of Canada's jurisprudence considering the constitutionality of criminal laws fails to strike a principled balance between the need to increase the coherency of the criminal law while maintaining the legitimacy of judicial review.Table of Contents1 Choosing among Rights2 Principles of Criminal Law Theory3 Principles of Instrumental Rationality4 Enumerated Principles of Criminal Justice5 A Normative Approach to Constitutionalizing Criminal Law6 Lessons from the Canadian ExperienceNotes; Bibliography; Index

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Book SynopsisFour decades have passed since the adoption of the Constitution Act, 1982. Now it is time to assess its legacy. As Constitutional Crossroads makes clear, the 1982 constitutional package raises a host of questions about a number of important issues, including identity and pluralism, the scope and limits of rights, competing constitutional visions, the relationship between the state and Indigenous peoples, and the nature of constitutional change.This collection brings together an impressive assembly of established and rising stars of political science and law, who not only provide a robust account of the 1982 reform but also analyze the ensuing scholarship that has shaped our understanding of the Constitution. Contributors bypass historical description to offer reflective analyses of different aspects of Canada's constitution as it is understood in the twenty-first century. With a focus on the themes of rights, reconciliation, and constitutional change, CoTable of ContentsIntroduction: Complex Legacies: The Promise, Challenges, and Impact of the Constitution Act, 1982 / Emmett Macfarlane and Kate Puddister Part 1: Institutional Relationships 1 The Political Purposes of the Charter: Four Decades Later / Mark S. Harding 2 Revisiting Judicial Activism / Emmett Macfarlane 3 Revisiting the Charter Centralization Thesis / Gerald Baier 4 Autochthony and Influence: The Charter’s Place in Transnational Constitutional Discourse / Mark Tushnet 5 It Works in Practice, but Does It Work in Theory? Accepting the Canadian Charter of Rights and Freedoms as a National Symbol / Andrew McDougall 6 Charter Talk: How Canadian Media Cover Rights and Politics / Erin Crandall, Andrea Lawlor, and Kate Puddister 7 Notwithstanding the Media: Section 33 of the Charter after Toronto v Ontario / Dave Snow and Eleni Nicolaides Part 2: Charter Rights 8 Policing Partisan Self-Interest? The Charter and Election Law in Canada / Tamara A. Small 9 The Most Important Charter Right? The Rise and Future of Section 7 / Matthew Hennigar 10 Sex Work, Abjection, and the Constitution / Brenda Cossman 11 Carter Compliance: Litigating for Access to Medical Assistance in Dying in Canada / Eleni Nicolaides 12 The Charter and the RCMP / Kent Roach 13 The Charter of Whites: Systemic Racism and Critical Race Equality in Canada / Joshua Sealy-Harrington 14 Canada’s Sex Problem: Section 15 and Women’s Rights / Kerri A. Froc 15 Quebec and the “Sign Law” Thirty Years after Ford and Devine: Ford Construit Solide / James B. Kelly 16 Language Rights and the Charter: Forging the Next Forty Years / Stéphanie Chouinard 17 The Provincial Courts of Appeal and Section 24(2) of the Charter / Lori Hausegger, Danielle McNabb, and Troy Riddell Part 3: Reconciliation 18 Canadians’ Homeland Has Changed since Patriation Brought the Constitution Home / Peter H. Russell 19 Indigenous Rights and the Constitution Act, 1982: Forty Years On and Still Fishing for Rights / Jeremy Patzer and Kiera Ladner 20 Using the Master’s Institutional Instruments to Dismantle the Master’s Goal of Indigenous-Rights Certainty / Rebecca Major and Cynthia Stirbys 21 Beyond Consultation: A Research Agenda to Investigate Partnerships and Comanagement in Land Governance / Minh Do 22 Indigenous Sovereignty, Canadian Constitutionalism, and Citizens Plus: The Unended Quest of Canada’s Original Hedgefox / Samuel V. LaSelva Part 4: Constitutional Change 23 The Invisible Transformation of Canada’s Constitutional Amendment Rules / Richard Albert 24 Still Not Cheering: Understanding Quebec’s Perspective on 1982 / Félix Mathieu and Dave Guénette 25 Cracks in the Foundation: The Crown and Canada’s Constitutional Architecture / Philippe Lagassé 26 The Urban Gap / Ran Hirschl Index

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Book SynopsisJudging Sex Work argues that a decision widely considered to be a victory for social justice weakened sex workers' rights far more than it strengthened them.

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Book SynopsisJudging Sex Work argues that a decision widely considered to be a victory for social justice weakened sex workers' rights far more than it strengthened them.

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Book SynopsisProblems of constitutional interpretation have many faces, but much of the contemporary discussion has focused on what has come to be called originalism. The core of originalism is the belief that fidelity to the original understanding of the Constitution should constrain contemporary judges. As originalist thinking has evolved, it has become clear that there is a family of originalist theories, some emphasizing the intent of the framers, while others focus on the original public meaning of the constitutional text. This idea has enjoyed a modern resurgence, in good part in reaction to the assumption of more sweeping power by the judiciary, operating in the name of constitutional interpretation. Those arguing for a living Constitution that keeps up with a changing world and changing values have resisted originalism. This difference in legal philosophy and jurisprudence has, since the 1970s, spilled over into party politics and the partisan wrangling over court appointments from appelTrade ReviewIn their new book, Lawrence Solum and Robert Bennett build state-of-the-art cases for the two main schools of constitutional interpretation. Each contributes a generous essay presenting the merits of his own approach and offering a thoughtful rebuttal to the other's argument. If you’ve been seeking a concise introduction to the central debate in American constitutional theory, this is the book for you. -- Gerald J. Russello * City Journal *Solum and Bennett have produced a valuable book, particularly for students unfamiliar with the originalism versus 'living Constitution' debate and the literature it has spawned.... Rather than rehash their theoretical differences, the debaters thoughtfully weigh each other's arguments and acknowledge common ground, particularly regarding the limits of originalism in times of political or moral crisis and, more generally, the use of precedent in judicial interpretation.... This is an excellent resource; it includes an outstanding bibliography, and the authors discuss most of the true classics and key scholars in the field of constitutional interpretation. Summing up: Highly recommended. * Choice *Table of ContentsPrefaceWe Are All Originalists Now Lawrence B. Solum What Is Originalism? Should We Be Originalists? Originalism and Living ConstitutionalismOriginalism and the Living American Constitution Robert W. Bennett Originalism and Living Constitutionalism Wrestling with the Troubles of Originalism Implications for Living Constitutionalism Living with a Living Constitution The Failure of Originalism as RestraintLiving with Originalism A Response by Lawrence B. Solum Can Original Meaning Constrain? The Levels-of-Generality Pseudoproblem The Role of Values in Constitutional Construction Dead Hands Transitions and Precedent Original Intent Revisited Originalism and PoliticsAre We All Living Constitutionalists Now? A Response by Robert W. Bennett The Interpretive Role of Nonoriginalism in Solum's Scheme Extent of Liveliness in Solum's Constitutional Law and Bennett’s Normative Choices in Interpretation Ordinary or Technical Meaning The Limits of Constraint Based on LanguageNotes Suggested Readings Index

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Book SynopsisThe White Earth Nation of Anishinaabeg Natives ratified in 2009 a new constitution, the first indigenous democratic constitution, on a reservation in Minnesota. This volume includes the text of the Constitution of the White Earth Nation; an introduction by David E. Wilkins; an essay by Gerald Vizenor; and articles first published in Anishinaabeg Today by Jill Doerfler.Trade Review"[The White Earth Nation provides] a compelling behind-the-scenes perspective on the creation of the White Earth constitution that will be instructive to anyone who is interested in the perplexing but always stimulating topic of indigenous self-government. Few issues are more significant to residents of the Great Plains and the American West."—Mark R. Scherer, Annals of IowaTable of Contents1. Sovereignty, Democracy, Constitution: An Introduction David E. Wilkins2. Constitutional Consent: Native Traditions and Parchment Rights Gerald Vizenor3. The Constitution of the White Earth Nation 4. A Citizen's Guide to the White Earth Constitution: Highlights and Reflections Jill DoerflerBibliography List of Contributors

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Book SynopsisWhat would America's Constitutions have looked like if each generation wrote its own?Trade Review"A fascinating work of counterfactual history. Breslin offers consistently fruitful insights that are not only stimulating, but also edifying about the political controversies that have raised deep questions about the adequacy of the existing Constitution."—Sanford Levinson, coauthor of Fault Lines in the Constitution"This remarkably creative and daring book is a work of deep scholarship and imagination. The result is an illuminating and thought-provoking survey of American constitutional history and ideas. A pleasure to read, and a rewarding exploration of the constitutional words that have been and that might have been."—Keith E. Whittington, Princeton University"A lively, riveting act of political imagination. In telling of an alternative American constitution-making process, one in which sequential constitutional conventions had addressed national disputes over issues such as slavery, suffrage, and labor rights, Breslin ably contends that the current reverence for – coupled with a near-total disengagement from – the founding document has it all wrong. And in bringing to life two centuries of constitutional actors and debates, he boldly invites us to step in and reclaim a process and core values that are anything but imaginary."—Dahlia Lithwick, Senior Legal Correspondent, Slate"Beau Breslin takes readers on a fascinating, richly informed, and highly instructive thought experiment. What if Americans had rewritten their constitution every generation, as Jefferson suggested they should? Imagining what might have been can help all to see more clearly what might yet be today."—Rogers M. Smith, University of Pennsylvania"Entertaining, instructive, and learned, Breslin's creative narratives brim with analytical and historical detail that explain the workings of the U.S. Constitution and Constitutional framing. His work will educate and excite readers at every level who are interested in the Constitution's force, function, and future." -- Thomas J. Davis * Library Journal starred review *Table of Contents1. 1787: An Introduction 2. 1825 3. 1863 4. 1903 5. 1953 6. 2022

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Book SynopsisThe Street Politics of Abortion uses three Supreme Court cases to consider the rise and fall of clinic-front anti-abortion protests in the 1980s and 1990s, and illustrates how these conflicts influenced the contemporary form of reproductive politics and the greater New Christian Right.Trade Review"The Street Politics of Abortion adds much to our understanding of dissent, abortion, politics, and the evolution of new Christian conservative leaders, institutions, and tactics." -- Laura R. Woliver * Tulsa Law Review *"[The events of the American anti-abortion movement] are the subject of Joshua C. Wilson's book, The Street Politics of Abortion, and involve the intersection of four topics: political movements that involve litigation; anti-abortion activism; First Amendment doctrine and judicial decision making; and legal consciousnes, in particular the evolving view of law of various elite and non-elite actors. This combination makes for rich and fascinating subject of study and promises Wilson's book a wide audience . . . Wilson lets the various actors speak for themselves. As a result, the reader gets a good sense of the motivation and thinking of the activists on both sides." -- James Daniel Fisher * The Law and Politics Book Review *"Beautifully written and tremendously accessible, The Street Politics of Abortion offers new insight into how lawyers—especially those assigned to cases rather than taking them as part of their political commitments—understand their role as trial lawyers and social movement actors. This excellent book is analytically important, methodologically innovative, and breaks new ground in the study of social movements, legal consciousness, and the first amendment." -- Laura Beth Nielsen * Northwestern University, American Bar Foundation, author of License to Harass: Law, Hierarchy, and Offensive Public Speech *"On about as hot a subject as a scholar can take on, Joshua Wilson has sensitively and exhaustively shown how activists' 'stories' about the law shape the everyday politics of abortion. Blending political science and sociology, this is modern legal scholarship at its very best." -- Steven Teles * Johns Hopkins University, author of The Rise of the Conservative Legal Movement *"Joshua Wilson shows how the interactions of protesters at abortion clinics and their legal defeats actually helped to institutionalize the anti-abortion movement. This important new work on abortion politics greatly advances our understanding of movement/countermovement dynamics and the power of law." -- Suzanne Staggenborg * University of Pittsburgh *

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Book SynopsisThe Street Politics of Abortion uses three Supreme Court cases to consider the rise and fall of clinic-front anti-abortion protests in the 1980s and 1990s, and illustrates how these conflicts influenced the contemporary form of reproductive politics and the greater New Christian Right.Trade Review"The Street Politics of Abortion adds much to our understanding of dissent, abortion, politics, and the evolution of new Christian conservative leaders, institutions, and tactics." -- Laura R. Woliver * Tulsa Law Review *"[The events of the American anti-abortion movement] are the subject of Joshua C. Wilson's book, The Street Politics of Abortion, and involve the intersection of four topics: political movements that involve litigation; anti-abortion activism; First Amendment doctrine and judicial decision making; and legal consciousnes, in particular the evolving view of law of various elite and non-elite actors. This combination makes for rich and fascinating subject of study and promises Wilson's book a wide audience . . . Wilson lets the various actors speak for themselves. As a result, the reader gets a good sense of the motivation and thinking of the activists on both sides." -- James Daniel Fisher * The Law and Politics Book Review *"Beautifully written and tremendously accessible, The Street Politics of Abortion offers new insight into how lawyers—especially those assigned to cases rather than taking them as part of their political commitments—understand their role as trial lawyers and social movement actors. This excellent book is analytically important, methodologically innovative, and breaks new ground in the study of social movements, legal consciousness, and the first amendment." -- Laura Beth Nielsen * Northwestern University, American Bar Foundation, author of License to Harass: Law, Hierarchy, and Offensive Public Speech *"On about as hot a subject as a scholar can take on, Joshua Wilson has sensitively and exhaustively shown how activists' 'stories' about the law shape the everyday politics of abortion. Blending political science and sociology, this is modern legal scholarship at its very best." -- Steven Teles * Johns Hopkins University, author of The Rise of the Conservative Legal Movement *"Joshua Wilson shows how the interactions of protesters at abortion clinics and their legal defeats actually helped to institutionalize the anti-abortion movement. This important new work on abortion politics greatly advances our understanding of movement/countermovement dynamics and the power of law." -- Suzanne Staggenborg * University of Pittsburgh *

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Book SynopsisWhen Your Rugged Constitution was first published, Harry S Truman was President. It quickly became a go-to resource for generations of young Americans (and some older ones too) who wanted to understand the guiding principles of our nation. Now in reissue, this truly rugged and much-admired classic is sure to inform, and also delight readers with its retro 1950s ethos. Your Rugged Constitution proceeds through the text of the Constitution with descriptions that are put in clear, easy-to-understand language, accompanied by commentary and lively drawings so you can easily grasp all the ideas and concepts. Under each section and clause, you (yes, you, fellow American!) learn which powers you give to the federal government, and what you get in return. Your Rugged Constitution helps readers understand that the Constitution is no mere historical document, but an important contract between you and your government.Trade Review"First published in 1950 and last revised in 1969, if offers a thoroughly irresistible introduction to the United States constitution . . . The republication of Your Rugged Constitution presents an opportunity for current generations to familiarize themselves with our nation's founding document in a clear and engaging fashion . . . This is a welcoming, accessible, and, at times, profound book . . . Your Rugged Constitution is a valuable guide to the brilliance and complexity of our constitutional design."—Tara Helfman, The Weekly Standard". . . a real contribution to the current discussion of national life."—Herbert Hoover, 31st President of the United States"Make[s] easy . . . grasp of the essential features of our Constitution."—Chester William Nimitz, Fleet Admiral and Commander of the United States Pacific Fleet during WWII"No comparable book to aid teacher, parent, or librarian in explaining our blueprint of freedom."—Ralph Adams Brown, The New York Times

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Book SynopsisIn recent years, members of minority religions and atheists have rightly taken advantage of Supreme Court decisions that open up government funding, institutions, and property to participate in public life alongside the Christian majority. Jay Wexler argues for the importance of this movement and travels around the country to meet some of the people on its front line.Trade Review"Timely, trenchant, and tremendously engaging, Our Non-Christian Nation is essential reading for anyone interested in understanding the contemporary battles over religion's role in our national politics and culture." -- Phil Zuckerman * author of Living the Secular Life *"In this brilliantly erudite and hugely entertaining romp through recent religious and legal history, Jay Wexler shows why, as our country becomes more religiously diverse, non-Christians need to get their voices heard and Christians need to help repair the wall between church and state. A marvelous read." -- Michael Shermer * Skeptic magazine *"What would it mean to take seriously the idea of religious diversity in the public sphere? Jay Wexler tells the stories of Wiccans, Muslims, and other religious and non-religious groups outside the mainstream who show what existing constitutional doctrine means in practice. The picture he paints provokes us to think differently about what that doctrine should be." -- Mark Tushnet * Harvard Law School *"In this fine book, Jay Wexler urges humanists, atheists, Satanists, and members of minority religious traditions to take advantage of a fascinating new phenomenon: the opening of public space to a variety of beliefs and institutions. His compelling account of 'belief' in public life will be of interest to the deeply religious as well as those who cringe at the very thought of religion. I highly recommend it." -- Anthony B. Pinn * author of Humanism: Essays on Race, Religion and Cultural Production *"A zesty, opinionated assessment of how non-Christians should actually behave....With curiosity and openness, Wexler performs the action that he advocates: that is, making heard a 'cacophony' of voices in public life so that different viewpoints get brought to the fore." -- Dan Friedman * Los Angeles Review of Books *"A fascinating read, and a wonderfully hopeful one...For anyone who feels marginalized as a pagan, nonbeliever, or just not a Christian, it's a manifesto for effective and often hilarious resistance." -- Houston Chronicle"Wexler...has made a timely, at times funny, and compelling piece of reportage looking at a variety of religious groups, as well as a strong argument for the importance of a pluralistic society." -- The Boston Globe"[T]his book was written for the general public, which often struggles to understand the jurisprudence surrounding religious freedom. Even professors of religious studies often need help in this area....Wexler's writing makes this book ideal for getting undergraduates interested in these issues." -- Joseph Laycock * Journal of the American Academy of Religion *"[An] artfully presented, quite accessible, guide to major legal issues faced by minority faiths in America...recommended for all interested in such topics." -- James T. Richardson * Nova Religio *"Wexler's greatest strength is his ability to describe current case law in readily digestible terms, making his work an ideal resource for undergraduates interested in religion and American politics. . .[T]his work can serve as an ideal entry point into important classroom conversations regarding the place of religions, especially minorities, in American law, as well as how both public and legal discourses have shaped the role of religion in American life." -- Savannah Finver * Religious Studies Review *Table of ContentsContents and AbstractsIntroduction chapter abstractThis chapter presents the main themes, issues, and arguments of the book. After an opening vignette describing the efforts of the Satanic Temple to erect a veterans monument in a small Minnesota town, the chapter introduces the First Amendment, particularly the Establishment Clause and the concept of separation of church and state as set out by the Supreme Court. It traces demographic changes in the country's religious makeup that have rendered the nation far less Christian and more secular than at previous times in its history. After a discussion of the issue of defining religion, the chapter sets forth the book's primary argument—namely, that a religiously diverse public square is preferable to one dominated by Christianity. One: Mummies, Monuments, and Monotheism: Religious Displays as Government Speech chapter abstractThis chapter discusses the constitutional doctrine of government speech under the First Amendment as it relates to the erection of religious monuments on public property. It does so, first, by describing and evaluating cases concerning the constitutionality of various Ten Commandments monuments under the Establishment Clause, and particularly the case of Van Orden v. Perry, which upheld such a monument on the grounds of the Texas Capitol. The chapter goes on to discuss the ultimately unsuccessful efforts of the small religious group known as the Summum, located in Salt Lake City, to have a Utah town erect a monument to its "Seven Aphorisms" in a park next to the community's Ten Commandments monument. The author's trip to visit the Summum and understand its mummification practices is described. Two: Pagans, Pentacles, and Pluralism: Religious Displays in the Public Forum chapter abstractThis chapter contrasts the government speech doctrine discussed in chapter 1 with the more minority-friendly First Amendment free speech doctrine known as the designated public forum. Under this doctrine, if the government designates a part of its property for private speech, including religious speech, it may not exclude speech on the basis of the viewpoint that is expressed by that speech. After explaining the doctrine, the chapter describes the successful efforts of Pagans and Wiccans, under the leadership of Wiccan priestess Selena Fox and through litigation brought by Americans United for Separation of Church and State, to get the Department of Veterans Affairs to allow Pagans buried in national cemeteries to have pentacles displayed on their headstones. The chapter also describes the author's visit to Fox's Circle Sanctuary in Wisconsin to participate in a Veterans Day event. Three: Secularism, Statehouses, and School Boards: Prayers and Invocations before Government Bodies chapter abstractThis chapter investigates the historical practice of prayer-giving before legislatures and other government bodies, as well as the Supreme Court's treatment of the practice in, most recently, the case of Town of Greece v. Galloway. Under the Establishment Clause of the First Amendment, the Court has held that legislative prayer and other religious invocations before government bodies are constitutional so long as the government has a policy of antidiscrimination—i.e., it will not discriminate on the basis of religion when inviting or allowing people to pray before meetings. The chapter investigates specifically the invocation given before the monthly town meeting of the Town of Greece (New York) by an Atheist who had previously sued the town unsuccessfully. The author's trip to witness this invocation is described. Four: The Satanic Temple: Taking It to a Whole 'Nother Level chapter abstractThis chapter takes an in-depth look at the key player in the phenomenon described in the book, namely the Satanic Temple. The chapter provides a brief history of Satanism, including a discussion of the Romantic Satanists, a literary movement in the eighteenth century that was the first to recover the symbol of Satan as a positive figure. The chapter also discusses the rise of the Church of Satan in the Bay Area in the 1960s, as well as the so-called Satanic Panic of the 1980s, in which people were wrongly accused of crimes committed in the name of Satan. The chapter then relates the history and doctrine of the Satanic Temple and describes its efforts to give legislative invocations and place monuments on public property (including its nine-foot-tall bronze monument to Baphomet). Five: Muslims, Money, and Middle Schools: Government Funding of Religion chapter abstractThis chapter investigates the issue of government funding of religion. After a brief foray into the Establishment Clause in this area, including a discussion of the important voucher school case Zelman v. Simmons-Harris, the chapter describes how some minority religious groups such as the Unification Church and the Church of Scientology have received public funding for their programs. The chapter also relates how Christian legislators in several states have objected to the inclusion of Islamic schools in their proposed voucher programs and then investigates these Islamic schools through the author's trip to the Al-Iman School in North Carolina. Six: Atheists, the Antichrist, and After-School Clubs: Religious Activities in the Public Schools chapter abstractThis chapter concerns the activities of religious groups in the public schools, one of the most controversial issues in church-state law, given the importance of these schools to the formation of future citizens. At the outset, the chapter explains the First Amendment law governing this area, including cases about teaching alternatives to evolution in the biology curriculum. Next, the chapter examines a series of cases in which the Supreme Court has held that if public schools open their facilities to after-school clubs, they may not exclude religious clubs, such as Good News Clubs, from using those facilities. After laying out the law, the chapter then examines efforts by Atheists, the Satanic Temple, and others to distribute religious literature and to start their own after-school clubs in the public schools. Conclusion: Conclusion chapter abstractThe concluding chapter begins with a brief recap of the four key descriptive points that the book has advanced and then proceeds to argue that the movement to increase minority participation in American public life is one that should be celebrated and continued. Specifically, the chapter argues that a religiously cacophonous public square is preferable to an entirely Christian one because it is more consistent with American ideals of free expression and diversity of ideas as enshrined in the First Amendment, because it may promote a more educated citizenry with regard to religion, and because this improved education may result in greater social peace. The chapter also considers potential counter-arguments and pitfalls of encouraging an increased role for religion in the public square, including the possibility that anti-liberal or parody organizations will seek to participate in public life.

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Book SynopsisTable of ContentsForeword by Warren E. Burger Acknowledgments Introduction Chapter One. The Historical Roots of American Religious Liberty Chapter Two. The Founders on Religious Liberty Chapter Three. The Supreme Court and Religious Liberty Chapter Four. The Animating Principles of the Religion Clauses Chapter Five. Religious Liberty in Contemporary America Conclusion Appendices One. Historical Documents on American Religious Liberty Two. Early Declarations sand Constitutional Previsions on Religion Three. Leading Supreme Court Decisions on Religious Liberty Notes Bibliography Index

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Book SynopsisSome of the most massive and persistent violations of human rights occur in African nations. In Human Rights Under African Constitutions: Realizing the Promise for Ourselves, scholars from a wide range of fields present a sober, systematic assessment of the prospects for legal protection of human rights in Africa. In a series of detailed and highly contextual studies of Ethiopia, Ghana, Guinea, Morocco, Mozambique, Nigeria, Rwanda, Senegal, South Africa, Sudan, and Uganda, experts seek to balance the socioeconomic and political diversity of these nations while using the same theoretical framework of legal analysis for each case study.Standards for human rights protection can be realized only through direct and strong support from a nation''s legal and political institutions. The contributors to this volume uniformly conclude that a well-informed and motivated citizenry is the most powerful force for creating the political will necessary to effect change at the national Trade Review"The contributors maintain that a well-informed citizenry is the most powerful (and likely only) force for creating the political will necessary to effect change at the national level. There is no sitting on the fence. . . . The fundamental belief here is that human rights will only be realized once the African people claim their rights, make them their own, and demand their respect." * Netherlands Quarterly of Human Rights *

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Book SynopsisAmerican Justice 2015 is the indispensable guide to the fourteen most controversial and divisive cases decided by the Supreme Court in the 2014-15 term, touching on issues such as as free speech, race and equality, religious freedom, privacy, the fate of Obamacare, and gay marriage.Trade Review"Steven Mazie is one of the most acute observers of the Supreme Court around. He writes clearly, concisely, and is a pleasure to read." * John Prideaux, The Economist *"The Supreme Court term that ended in June 2015 will go down in the history books-and Steven Mazie has written the first draft. In this balanced, detailed, yet accessible book he tells you what you need to know about the court's momentous health care and gay rights decisions, as well as about many more of great importance. Required reading for anyone who wants to understand the court's year from beginning to end." * Noah Feldman, Harvard Law School *"American Justice 2015 is a 'can't miss' for anyone interested in the Supreme Court. Steven Mazie deftly weaves the major decisions of the 2014-15 term into an eminently readable narrative that looks beyond the 'liberal/conservative' stereotypes to focus on how the court operates as an institution." * Amy Howe, SCOTUSblog *"Critical yet not cynical, aware of its many flaws but not blind to its considerable virtues, Steven Mazie describes a Supreme Court that seeks to be and often is an 'exemplar of public reason.' Written with clarity and insight by a gifted teacher, scholar, and journalist, American Justice 2015 should be of great interest to citizens and specialists alike." * Stephen Macedo, author of Just Married: Same-Sex Couples, Monogamy, and the Future of Marriage *

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Book SynopsisTrade Review"This is a wonderful, engaging account of an unusual year in Supreme Court history. Kimberly Robinson does a masterful job of explaining the Court's decisions and puts them in a broader context of what they mean for the law and for the country. Those who watch the Court closely and those who watch it only casually will benefit from reading Robinson's account of October Term 2016." * Erwin Chemerinsky, University of California, Berkeley, School of Law *"Robinson's account of this unusual term is thorough, fair-minded, and fascinating. With an eye to surprising details and historical ironies, she astutely explains the ad hoc compromises and unexpected dodges that the short-staffed court used to avoid gridlock and indecision. The result is a compelling and entertaining portrait of the justices navigating a slow-burning crisis, then adjusting to the controversial appointment of a new colleague. Robinson's fusion of sophisticated legal analysis and fine-grained reporting will delight veteran court-watchers and casual observers alike." * Mark Joseph Stern, legal analyst and Supreme Court correspondent, Slate *"Kimberly Robinson is an indispensable chronicler of today's Supreme Court, and this book is a thoughtful account of one of the most memorable stretches in the Court's recent history-if not in the cases decided, in the transformation it featured in the political dynamics of vacancy, nomination, and confirmation. Robinson draws out the impact of those dynamics on the Court-both the cases decided during an important period of transition, and the institution more broadly." * Kate Shaw, Benjamin N. Cardozo School of Law *"Kimberly Robinson is one of the best journalists covering the Supreme Court, and her American Justice 2017 is a riveting, revealing account of the most difficult and unusual term in years. With the reporter's eye for detail and balance, Robinson shows how the Court, shorthanded after the loss of influential Justice Antonin Scalia and caught in a political firestorm over his replacement, fought to preserve the integrity of the institution while finessing divisive and controversial cases on religion, free speech, and the right to vote." * Adam Winkler, UCLA School of Law *Table of ContentsPreface 1. Trench Warfare 2. The Stolen Seat 3. Stand Idly By 4. Quarter-Loaf Outcomes 5. Courting Politics 6. The Priceless Value of Citizenship 7. Macabre Challenges 8. Calm before the Storm Appendix: Biographies of Current Justices of the Supreme Court Acknowledgments

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Book SynopsisThe Changing Terrain of Religious Freedom offers theoretical, historical, and legal perspectives on religious freedom, while examining its meaning as an experience, value, and right. The volume starts from the premise that the terrain of religious freedom has never been easy and smooth. Across societies and throughout history, defending or contesting principles of religious freedom has required compromise among multiple interests, balancing values, and wrangling with the law. Drawing on examples from the United States and around the world, and approaching the subject from the disciplines of history, law, sociology, philosophy, religious studies, and political science, the essays in this volume illustrate these challenges. They sketch the contours of contemporary debates while showing how the landscape of religious freedom has shifted over time. They consider various stakeholders that have asserted competing claims, among them individuals and groups; members of minority and majority cTable of ContentsIntroduction: The Landscape of Religious Freedom Heather J. Sharkey and Jeffrey Edward Green Part I. Ethical Arguments Chapter 1. A Right of Its Own: A Case for the Human Right of Religious Freedom Daniel Philpott Chapter 2. Can Freedom of Religion or Belief (FoRB) Be Universal? Heiner Bielefeldt Part II. The Social Contingency of Religious Freedom Disputes Chapter 3. Microclimates of Religious Freedom: Global Norms Meet Local Conditions in Territorial Hawai'i and Occupied Japan Jolyon Baraka Thomas Chapter 4. The Protection of Religion as "Culture" and "History": Three Case Studies Lori G. Beaman Chapter 5. "Baptism of Ire": Atheist Plaintiffs and Irreligious Freedom in Postwar America Leigh E. Schmidt Chapter 6. The Heads or Tails of Cow Protection in India: Religious Freedom and Secular Agriculture Cassie Adcock Chapter 7. Bad Faith: Religious Fraud and Religious Freedom in the "Mighty I AM" Case William Schultz Part III. The (Mis)application of Religious Freedom Chapter 8. The Historian's Pickaxe: Uncovering the Racist Origins of the Religious Right Randall Balmer Chapter 9. Female Genital Cutting in Michigan: How Advocates of the Dawoodi Bohra Distorted Religious Freedom to Control Women's Sexual Conduct Kristina Arriaga Chapter 10. The U.S. Supreme Court and the Future of Religious Freedom in the United States Joshua Matz Notes List of Contributors Index Acknowledgments

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Book SynopsisThomas Jefferson and the Wall of Separation Between Church and State offers an in-depth examination of the origins, controversial uses, and competing interpretations of this powerful metaphor in law and public policy.Trade ReviewIn the opinion of this reviewer, Dreisbach is undeniably correct. His research is thorough, and his analysis comports with the history of the period. Dreisbachs study of Jefferson's likely meaning when he utilized the phrase wall of separation makes a valuable contribution to an important area of the constitutional law, an area of great consequence to Christians. The fact that it is written by a law professor at a "top twenty" law school increases its significance and credibility in the scholar world. The book has a minimum of legal jargon and can easily be understood. Daniel Dreisbachs book is highly recommended. * Faith and Mission *Daniel Dreisbachs book is a welcome and much needed addition to the scholarship on the First Amendment. Dreisbach analysis of Jefferson's metaphor, its political context, and consequences for church-state jurisprudence, provide an intellectual perspective as the Court and nation reconsider issues of accomodations of religion in the public square. * Journal of Interdisciplinary Studies *On an evaluative note, the book is helpful for gaining an understanding of the historical context of Jeffersons metaphor. * Journal of Church and State *This book is vintage Dreisbach. . . . Anyone studying Jefferson's views of separation would be wise to use Dreisbachs primary texts and to ponder his sage interpretation of them. This is a book that can be read in an evening, but pondered for a career. -- John Witte Jr.,Michigan Law ReviewExcellent introduction to the thorny interpretive issues that continue to grow around Jefferson's wall. * The Journal of Southern History *Table of Contents1 Introduction2 The President, a Mammoth Cheese, and the "Wall of Separation": Jeffersonian Politics and the New England Baptists 3 "Sowing Useful Truths and Principles"4 "What the Wall Separates" 5 Early References to a "Wall of Separation"6 Creating "Effectual Barriers"7 "Useful Truths and Principles ... Germinate and Become Rooted" in the American Mind: Jefferson's Metaphor Enters Political and Juridical Discourse 8 ConclusionAppendices1 Proclamation Appointing a Day of Fasting, Humiliation, and Prayer, May 17742 Address to the Inhabitants of the Parish of St. Anne, 1774 3 Bills Reported by the Committee of Revisors Appointed by the General Assembly of Virginia in 1776, 18 June 1779 4 Proclamation Appointing a Day of Publick and Solemn Thanksgiving and Prayer, November 1779 1375 Draft of "The Kentucky Resolutions of 1798," November 1798 (excerpt) 6 Correspondence with the Danbury Baptist Association, 1801-1802 1427 Correspondence with the Citizens of Chesire, Massachusetts, January 1802 1498 Second Inaugural Address, 4 March 1805 (excerpts) 9 Letter from Jefferson to the Reverend Samuel Miller, 23 January 1808 Notes Selected BibliographyAcknowledgmentsIndexAbout the Author

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