Search results for ""author robert p. george""

What does it mean to have a constitution? Scholars and students associated with Walter Murphy at Princeton University have long asked this question in their exploration of constitutional politics and judicial behavior. These scholars, concerned with the making, maintenance, and deliberate change of the Constitution, have made unique and significant contributions to our understanding of American constitutional law by going against the norm of court-centered and litigation-minded research. Beginning in the late 1970s, this new wave of academics explored questions ranging from the nature of creating the U.S. Constitution to the philosophy behind amending it. In this collection, Sotirios A. Barber and Robert P. George bring together fourteen essays by members of this Princeton group--some of the most distinguished scholars in the field. These works consider the meaning of having a constitution, the implications of particular choices in the design of constitutions, and the meaning of judicial supremacy in the interpretation of the Constitution. The overarching ambition of this collection is to awaken a constitutionalist consciousness in its readers--to view themselves as potential makers and changers of constitutions, as opposed to mere subjects of existing arrangements. In addition to the editors, the contributors are Walter F. Murphy, John E. Finn, Christopher L. Eisgruber, James E. Fleming, Jeffrey K. Tulis, Suzette Hemberger, Stephen Macedo, Sanford Levinson, H. N. Hirsch, Wayne D. Moore, Keith E. Whittington, and Mark E. Brandon.

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Slavery, segregation, abortion, workers' rights, the power of the courts. These issues have been at the heart of the greatest constitutional controversies in American history. And in this concise and thought-provoking volume, some of today's most distinguished legal scholars and commentators explain for a general audience how five landmark Supreme Court cases centered on those controversies shaped the country's destiny and continue to affect us even now. The book is a profound exploration of the Supreme Court's importance to America's social and political life. It is also, as many of the contributors show, an intriguing reflection of what some have seen as an important trend in legal scholarship away from an uncritical belief in the essentially benign nature of judicial power. Robert George opens with an illuminating survey of the themes that unite and divide the five cases. Other contributors then examine each case in detail through a lively commentary-and-response format. Mark Tushnet and Jeremy Waldron exchange views on Marbury v. Madison, the pivotal 1803 case that established the power of the courts to invalidate legislation. Cass Sunstein and James McPherson discuss Dred Scott v. Sandford (1857), the notorious case that confirmed the rights of slaveowners, declared that black people could not be American citizens, and is often seen as a cause of the Civil War. Hadley Arkes and Donald Drakeman explore the legacy of Lochner v. New York (1905), a case that ushered in decades of judicial hostility to social welfare laws. Earl Maltz and Walter Murphy assess Brown v. Topeka Board of Education (1954), the famous case that ended racial segregation in public schools. Finally, Jean Bethke Elshtain and George Will tackle Roe v. Wade (1973), still a flashpoint a quarter of a century later in the debate over abortion. While some of the contributors show sympathy for strong judicial interventions on social issues, many across the ideological spectrum are sharply critical of judicial activism. A compelling introduction to the greatest cases in U.S. constitutional law, this is also an enlightening glimpse of the state of the art in American legal scholarship.

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The conservative movement in America seems to have fallen on hard times. Even though conservative talk radio is at its height, and President Obama had to shift to the political center to win the 2008 election (only to disappoint months after his inauguration), conservative ideas garner little excitement or serious engagement among young people as they once did even just two decades ago. We have gone from Eric Voegelin “Don’t immanentize the eschaton” to Hannity’s “Sean, you’re a great American.” To be sure, many conservative and liberal young people have firm opinions on issues along the conservative-liberal fault line. They can opine, and fiercely so, by blog, twitter, or email on issues as wide ranging as same-sex marriage, Constitutional interpretation, abortion, free markets, and the role of religion in the public square. But very few, if any, of them seem to be aware of the intellectual patrimony from which their views sprang, and the arguments and reasons that animated the proponents of the ideas they claim to sincerely and deeply hold. “Hope” and “change,” though fine words in their own right, do not qualify as actual ideas that may guide presidents and prime ministers to excellence in statecraft. There was a time when many students in college or graduate school would participate in robust discussions with friend and foe alike about the ideas and arguments plumbed from the works authored by conservative luminaries as diverse as Hayek, Strauss, Voegelin, Buckley, Weaver, Friedman, Kirk, Lewis, Chesterton, and Anscombe, to name just a few. Sadly, there is very little of this going on today in our universities and colleges. A Second Look at First Things: A Case for Conservative Politics has two purposes. The first is to remedy this contemporary deficit by offering, in one volume, an intelligent, winsome, and readable articulation of conservative ideas on a variety of issues and questions. They range from the abstract (“Why the Natural Law Suggests a Divine Source”) to the practical (“Lincoln and the Art of Political Leadership”), and to the provocative (“Being Personal These Days: Designer Babies and the Future of Liberal Democracy”). The second purpose is to honor the great conservative political philosopher, Hadley P. Arkes, the Edward Ney Professor of Jurisprudence and American Institutions at Amherst College. In 2010 he celebrated his 70th birthday, and 2011 marked the 25th anniversary of his classic monograph on natural law and public policy, First Things: An -Inquiry Into the First Principles of Morals and Justice (Princeton University Press, 1986). So, in celebration of these milestones, the editors have chosen to produce a work that is consistent with Hadley’s vocation as an exceptional teacher of young people. Although most of those who have read Hadley’s books and articles think of him as an engaging and productive scholar, which indeed he is, his students – including both those at Amherst as well as those who have had the privilege to hear his spell-binding lectures elsewhere – know him as an outstanding teacher. His ability to unpack a principle of jurisprudence by weaving together an analytical argument with an enthralling tale or insightful anecdote is truly magical to behold. Contributors include Michael Novak, Daniel Robinson, Gerard Bradley, Allen Guelzo, Peter Augustine Lawler, Larry Arnn, James Schall, s.j., and Christopher Tollefesen.

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"Public reason" is one of the central concepts in modern liberal political theory. As articulated by John Rawls, it presents a way to overcome the difficulties created by intractable differences among citizens' religious and moral beliefs by strictly confining the place of such convictions in the public sphere. Identifying this conception as a key point of conflict, this book presents a debate among contemporary natural law and liberal political theorists on the definition and validity of the idea of public reason. Its distinguished contributors examine the consequences of interpreting public reason more broadly as "right reason," according to natural law theory, versus understanding it in the narrower sense in which Rawls intended. They test public reason by examining its implications for current issues, confronting the questions of abortion and slavery and matters relating to citizenship. This energetic exchange advances our understanding of both Rawls's contribution to political philosophy and the lasting relevance of natural law. It provides new insights into crucial issues facing society today as it points to new ways of thinking about political theory and practice.

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