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| american constitution society logo: Keeping Faith with the Constitution Goodwin Liu, Pamela S. Karlan, Christopher H. Schroeder, 2010-08-05 Chief Justice John Marshall argued that a constitution requires that only its great outlines should be marked [and] its important objects designated. Ours is intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs. In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as constitutional fidelity--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity. |
| american constitution society logo: Redeeming Justice Jarrett Adams, 2021-09-14 “A moving and beautifully crafted memoir.”—SCOTT TUROW “A daring act of justified defiance.”—SHAKA SENGHOR “Nothing less than heroic.”—JOHN GRISHAM He was seventeen when an all-white jury sentenced him to prison for a crime he didn’t commit. Now a pioneering lawyer, he recalls the journey that led to his exoneration—and inspired him to devote his life to fighting the many injustices in our legal system. Seventeen years old and facing nearly thirty years behind bars, Jarrett Adams sought to figure out the why behind his fate. Sustained by his mother and aunts who brought him back from the edge of despair through letters of prayer and encouragement, Adams became obsessed with our legal system in all its damaged glory. After studying how his constitutional rights to effective counsel had been violated, he solicited the help of the Wisconsin Innocence Project, an organization that exonerates the wrongfully convicted, and won his release after nearly ten years in prison. But the journey was far from over. Adams took the lessons he learned through his incarceration and worked his way through law school with the goal of helping those who, like himself, had faced our legal system at its worst. After earning his law degree, he worked with the New York Innocence Project, becoming the first exoneree ever hired by the nonprofit as a lawyer. In his first case with the Innocence Project, he argued before the same court that had convicted him a decade earlier—and won. In this illuminating story of hope and full-circle redemption, Adams draws on his life and the cases of his clients to show the racist tactics used to convict young men of color, the unique challenges facing exonerees once released, and how the lack of equal representation in our courts is a failure not only of empathy but of our collective ability to uncover the truth. Redeeming Justice is an unforgettable firsthand account of the limits—and possibilities—of our country’s system of law. |
| american constitution society logo: The Religion Clauses Howard Gillman, Erwin Chemerinsky, 2020 In The Religion Clauses, Erwin Chemerinsky and Howard Gillman examine the extremely controversial issue of the relationship between religion and government. They argue for a separation of church and state. To the greatest extent possible, the government should remain secular. At the same, time they contend that religion should not provide a basis for an exemptions from general laws, such as those prohibiting discrimination or requiring the provision of services. |
| american constitution society logo: The Limits of Presidential Power Lisa Manheim, Kathryn Watts, 2018-01-10 This one-of-a-kind guide provides a crash course in the laws governing the President of the United States. In an engaging and accessible style, two law professors explain the principles that inform everything from President Washington's disagreements with Congress to President Trump's struggles with the courts, and more. Timely and to the point, this guide provides the essential information every informed civic participant needs to know about the laws that govern the president-and what those laws mean for those who want to make their voices heard. |
| american constitution society logo: The People’s Constitution John F. Kowal, 2021-09-21 The 233-year story of how the American people have taken an imperfect constitution—the product of compromises and an artifact of its time—and made it more democratic Who wrote the Constitution? That’s obvious, we think: fifty-five men in Philadelphia in 1787. But much of the Constitution was actually written later, in a series of twenty-seven amendments enacted over the course of two centuries. The real history of the Constitution is the astonishing story of how subsequent generations have reshaped our founding document amid some of the most colorful, contested, and controversial battles in American political life. It’s a story of how We the People have improved our government’s structure and expanded the scope of our democracy during eras of transformational social change. The People’s Constitution is an elegant, sobering, and masterly account of the evolution of American democracy. From the addition of the Bill of Rights, a promise made to save the Constitution from near certain defeat, to the post–Civil War battle over the Fourteenth Amendment, from the rise and fall of the “noble experiment” of Prohibition to the defeat and resurgence of an Equal Rights Amendment a century in the making, The People’s Constitution is the first book of its kind: a vital guide to America’s national charter, and an alternative history of the continuing struggle to realize the Framers’ promise of a more perfect union. |
| american constitution society logo: The Democracy Fix Caroline Fredrickson, 2019-04-23 The former special assistant for legislative affairs to President Clinton, president of the American Constitution Society, and author of the damn fine (Elle) Under the Bus shows how the left can undo the right's damage and take the country back Despite representing the beliefs of a minority of the American public on many issues, conservatives are in power not just in Washington, DC, but also in state capitals and courtrooms across the country. They got there because, while progressives fought to death over the nuances of policy and to bring attention to specific issues, conservatives focused on simply gaining power by gaming our democracy. They understood that policy follows power, not the other way around. Now, in a sensational new book, Caroline Fredrickson—who has had a front-row seat on the political drama in DC for decades while working to shape progressive policies as special assistant for legislative affairs to President Clinton, chief of staff to Senator Maria Cantwell, deputy chief of staff to Senator Tom Daschle, and president of the American Constitution Society—argues that it's time for progressives to focus on winning. She shows us how we can learn from the Right by having the determination to focus on judicial elections, state power, and voter laws without stooping to their dishonest, rule-breaking tactics. We must be ruthless in thinking through how to change the rules of the game to regain power, expand the franchise, end voter suppression, win judicial elections, and fight for transparency and fairness in our political system, and Fredrickson shows us how. |
| american constitution society logo: A Declaration and Constitution for a Free Society Brian P. Simpson, 2021-03-09 What are individual rights? What is freedom? How are they related to each other? Why are they so crucial to human life? How do you protect them? These are some of the questions that A Declaration and Constitution for a Free Society answers. The book uses Objectivist philosophy—the philosophy of Ayn Rand—to analyze subjective, intrinsic, and objective theories of rights and show why rights and freedom are objective necessities of human life. This knowledge is then used to make changes to the Declaration of Independence and U.S. Constitution. Through these changes, the book shows the fundamental legal requirements of a free society and why we should create such a society. It demonstrates why a free society is morally, politically, and economically beneficial to human beings. |
| american constitution society logo: Dred Scott and the Problem of Constitutional Evil Mark A. Graber, 2006-07-03 Dred Scott and the Problem of Constitutional Evil , first published in 2006, concerns what is entailed by pledging allegiance to a constitutional text and tradition saturated with concessions to evil. The Constitution of the United States was originally understood as an effort to mediate controversies between persons who disputed fundamental values, and did not offer a vision of the good society. In order to form a 'more perfect union' with slaveholders, late-eighteenth-century citizens fashioned a constitution that plainly compelled some injustices and was silent or ambiguous on other questions of fundamental right. This constitutional relationship could survive only as long as a bisectional consensus was required to resolve all constitutional questions not settled in 1787. Dred Scott challenges persons committed to human freedom to determine whether antislavery northerners should have provided more accommodations for slavery than were constitutionally strictly necessary or risked the enormous destruction of life and property that preceded Lincoln's new birth of freedom. |
| american constitution society logo: America's Unwritten Constitution Akhil Reed Amar, 2012-09-11 Reading between the lines: America's implicit Constitution -- Heeding the deed: America's enacted Constitution -- Hearing the people: America's lived Constitution -- Confronting modern case law: America's warrented Constitution -- Putting precedent in its place: America's doctrinal Constitution -- Honoring the icons: America's symbolic Constitution -- Remembering the ladies : America's feminist Constitution -- Following Washington's lead: America's Georgian Constitution -- Interpreting government practices: America's institutional Constitution -- Joining the party: America's partisan Constitution -- Doing the right thing: America's conscientious Constitution -- Envisioning the future: America's unfinished Constitution -- Afterward -- Appendix: America's written Constitution. |
| american constitution society logo: How Rights Went Wrong Jamal Greene, 2021 An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice. |
| american constitution society logo: America's Constitution Akhil Reed Amar, 2012-02-29 In America’s Constitution, one of this era’s most accomplished constitutional law scholars, Akhil Reed Amar, gives the first comprehensive account of one of the world’s great political texts. Incisive, entertaining, and occasionally controversial, this “biography” of America’s framing document explains not only what the Constitution says but also why the Constitution says it. We all know this much: the Constitution is neither immutable nor perfect. Amar shows us how the story of this one relatively compact document reflects the story of America more generally. (For example, much of the Constitution, including the glorious-sounding “We the People,” was lifted from existing American legal texts, including early state constitutions.) In short, the Constitution was as much a product of its environment as it was a product of its individual creators’ inspired genius. Despite the Constitution’s flaws, its role in guiding our republic has been nothing short of amazing. Skillfully placing the document in the context of late-eighteenth-century American politics, America’s Constitution explains, for instance, whether there is anything in the Constitution that is unamendable; the reason America adopted an electoral college; why a president must be at least thirty-five years old; and why–for now, at least–only those citizens who were born under the American flag can become president. From his unique perspective, Amar also gives us unconventional wisdom about the Constitution and its significance throughout the nation’s history. For one thing, we see that the Constitution has been far more democratic than is conventionally understood. Even though the document was drafted by white landholders, a remarkably large number of citizens (by the standards of 1787) were allowed to vote up or down on it, and the document’s later amendments eventually extended the vote to virtually all Americans. We also learn that the Founders’ Constitution was far more slavocratic than many would acknowledge: the “three fifths” clause gave the South extra political clout for every slave it owned or acquired. As a result, slaveholding Virginians held the presidency all but four of the Republic’s first thirty-six years, and proslavery forces eventually came to dominate much of the federal government prior to Lincoln’s election. Ambitious, even-handed, eminently accessible, and often surprising, America’s Constitution is an indispensable work, bound to become a standard reference for any student of history and all citizens of the United States. |
| american constitution society logo: Fidelity & Constraint Lawrence Lessig, 2019-04-03 The fundamental fact about our Constitution is that it is old -- the oldest written constitution in the world. The fundamental challenge for interpreters of the Constitution is how to read that old document over time. In Fidelity & Constraint, legal scholar Lawrence Lessig explains that one of the most basic approaches to interpreting the constitution is the process of translation. Indeed, some of the most significant shifts in constitutional doctrine are products of the evolution of the translation process over time. In every new era, judges understand their translations as instances of interpretive fidelity, framed within each new temporal context. Yet, as Lessig also argues, there is a repeatedly occurring countermove that upends the process of translation. Throughout American history, there has been a second fidelity in addition to interpretive fidelity: what Lessig calls fidelity to role. In each of the cycles of translation that he describes, the role of the judge -- the ultimate translator -- has evolved too. Old ways of interpreting the text now become illegitimate because they do not match up with the judge's perceived role. And when that conflict occurs, the practice of judges within our tradition has been to follow the guidance of a fidelity to role. Ultimately, Lessig not only shows us how important the concept of translation is to constitutional interpretation, but also exposes the institutional limits on this practice. The first work of both constitutional and foundational theory by one of America's leading legal minds, Fidelity & Constraint maps strategies that both help judges understand the fundamental conflict at the heart of interpretation whenever it arises and work around the limits it inevitably creates. |
| american constitution society logo: While America Sleeps Russ Feingold, 2013-03-12 A progressive former Senator identifies national missteps after September 11, outlining recommendations for safeguarding lives and improving national security while preserving constitutional values. 60,000 first printing. |
| american constitution society logo: Semblances of Sovereignty T. Alexander Aleinikoff, 2009-07-01 In a set of cases decided at the end of the nineteenth century, the Supreme Court declared that Congress had plenary power to regulate immigration, Indian tribes, and newly acquired territories. Not coincidentally, the groups subject to Congress' plenary power were primarily nonwhite and generally perceived as uncivilized. The Court left Congress free to craft policies of assimilation, exclusion, paternalism, and domination. Despite dramatic shifts in constitutional law in the twentieth century, the plenary power case decisions remain largely the controlling law. The Warren Court, widely recognized for its dedication to individual rights, focused on ensuring full and equal citizenship--an agenda that utterly neglected immigrants, tribes, and residents of the territories. The Rehnquist Court has appropriated the Warren Court's rhetoric of citizenship, but has used it to strike down policies that support diversity and the sovereignty of Indian tribes. Attuned to the demands of a new century, the author argues for abandonment of the plenary power cases, and for more flexible conceptions of sovereignty and citizenship. The federal government ought to negotiate compacts with Indian tribes and the territories that affirm more durable forms of self-government. Citizenship should be decentered, understood as a commitment to an intergenerational national project, not a basis for denying rights to immigrants. |
| american constitution society logo: The Freedom to Read American Library Association, 1953 |
| american constitution society logo: The Crisis of the Middle-Class Constitution Ganesh Sitaraman, 2017-03-14 In this original, provocative contribution to the debate over economic inequality, Ganesh Sitaraman argues that a strong and sizable middle class is a prerequisite for America’s constitutional system. A New York Times Notable Book of 2017 For most of Western history, Sitaraman argues, constitutional thinkers assumed economic inequality was inevitable and inescapable—and they designed governments to prevent class divisions from spilling over into class warfare. The American Constitution is different. Compared to Europe and the ancient world, America was a society of almost unprecedented economic equality, and the founding generation saw this equality as essential for the preservation of America’s republic. Over the next two centuries, generations of Americans fought to sustain the economic preconditions for our constitutional system. But today, with economic and political inequality on the rise, Sitaraman says Americans face a choice: Will we accept rising economic inequality and risk oligarchy or will we rebuild the middle class and reclaim our republic? The Crisis of the Middle-Class Constitution is a tour de force of history, philosophy, law, and politics. It makes a compelling case that inequality is more than just a moral or economic problem; it threatens the very core of our constitutional system. |
| american constitution society logo: The Schoolhouse Gate Justin Driver, 2019-08-06 A Washington Post Notable Book of the Year A New York Times Book Review Editors’ Choice An award-winning constitutional law scholar at the University of Chicago (who clerked for Judge Merrick B. Garland, Justice Stephen Breyer, and Justice Sandra Day O’Connor) gives us an engaging and alarming book that aims to vindicate the rights of public school students, which have so often been undermined by the Supreme Court in recent decades. Judicial decisions assessing the constitutional rights of students in the nation’s public schools have consistently generated bitter controversy. From racial segregation to unauthorized immigration, from antiwar protests to compulsory flag salutes, from economic inequality to teacher-led prayer—these are but a few of the cultural anxieties dividing American society that the Supreme Court has addressed in elementary and secondary schools. The Schoolhouse Gate gives a fresh, lucid, and provocative account of the historic legal battles waged over education and illuminates contemporary disputes that continue to fracture the nation. Justin Driver maintains that since the 1970s the Supreme Court has regularly abdicated its responsibility for protecting students’ constitutional rights and risked transforming public schools into Constitution-free zones. Students deriving lessons about citizenship from the Court’s decisions in recent decades would conclude that the following actions taken by educators pass constitutional muster: inflicting severe corporal punishment on students without any procedural protections, searching students and their possessions without probable cause in bids to uncover violations of school rules, random drug testing of students who are not suspected of wrongdoing, and suppressing student speech for the viewpoint it espouses. Taking their cue from such decisions, lower courts have upheld a wide array of dubious school actions, including degrading strip searches, repressive dress codes, draconian “zero tolerance” disciplinary policies, and severe restrictions on off-campus speech. Driver surveys this legal landscape with eloquence, highlights the gripping personal narratives behind landmark clashes, and warns that the repeated failure to honor students’ rights threatens our basic constitutional order. This magisterial book will make it impossible to view American schools—or America itself—in the same way again. |
| american constitution society logo: Originalism as Faith Eric J. Segall, 2018-10-18 Tracing the development of originalism, Eric J. Segall shows how judges often use the theory to reach politically desirable results. |
| american constitution society logo: Not a Crime to Be Poor Peter Edelman, 2019-07-02 Awarded Special Recognition by the 2018 Robert F. Kennedy Book & Journalism Awards Finalist for the American Bar Association's 2018 Silver Gavel Book Award Named one of the 10 books to read after you've read Evicted by the Milwaukee Journal Sentinel Essential reading for anyone trying to understand the demands of social justice in America.—Bryan Stevenson, author of Just Mercy Winner of a special Robert F. Kennedy Book Award, the book that Evicted author Matthew Desmond calls a powerful investigation into the ways the United States has addressed poverty . . . lucid and troubling In one of the richest countries on Earth it has effectively become a crime to be poor. For example, in Ferguson, Missouri, the U.S. Department of Justice didn't just expose racially biased policing; it also exposed exorbitant fines and fees for minor crimes that mainly hit the city's poor, African American population, resulting in jail by the thousands. As Peter Edelman explains in Not a Crime to Be Poor, in fact Ferguson is everywhere: the debtors' prisons of the twenty-first century. The anti-tax revolution that began with the Reagan era led state and local governments, starved for revenues, to squeeze ordinary people, collect fines and fees to the tune of 10 million people who now owe $50 billion. Nor is the criminalization of poverty confined to money. Schoolchildren are sent to court for playground skirmishes that previously sent them to the principal's office. Women are evicted from their homes for calling the police too often to ask for protection from domestic violence. The homeless are arrested for sleeping in the park or urinating in public. A former aide to Robert F. Kennedy and senior official in the Clinton administration, Peter Edelman has devoted his life to understanding the causes of poverty. As Harvard Law professor Randall Kennedy has said, No one has been more committed to struggles against impoverishment and its cruel consequences than Peter Edelman. And former New York Times columnist Bob Herbert writes, If there is one essential book on the great tragedy of poverty and inequality in America, this is it. |
| american constitution society logo: Liberty, Property, and the Foundations of the American Constitution Ellen Frankel Paul, Howard Dickman, 1989-01-01 Cover title: Liberty, property & the foundations of the American constitution. Includes bibliographies and index. |
| american constitution society logo: State-Of-the-Art and Emerging Technologies for Therapeutic Monoclonal Antibody Characterization Volume 2. Biopharmaceutical Characterization John E. Schiel, Darryl L. Davis, Oleg V. Borisov, Oleg Borisov, 2016-06-24 Distributed in print by Oxford University Press. |
| american constitution society logo: Colonial Origins of the American Constitution Donald S. Lutz, 1998 Presents 80 documents selected to reflect Eric Voegelin's theory that in Western civilization basic political symbolizations tend to be variants of the original symbolization of Judeo-Christian religious tradition. These documents demonstrate the continuity of symbols preceding the writing of the Constitution and all contain a number of basic symbols such as: a constitution as higher law, popular sovereignty, legislative supremacy, the deliberative process, and a virtuous people. Annotation copyrighted by Book News, Inc., Portland, OR |
| american constitution society logo: U.S. History P. Scott Corbett, Volker Janssen, John M. Lund, Todd Pfannestiel, Sylvie Waskiewicz, Paul Vickery, 2024-09-10 U.S. History is designed to meet the scope and sequence requirements of most introductory courses. The text provides a balanced approach to U.S. history, considering the people, events, and ideas that have shaped the United States from both the top down (politics, economics, diplomacy) and bottom up (eyewitness accounts, lived experience). U.S. History covers key forces that form the American experience, with particular attention to issues of race, class, and gender. |
| american constitution society logo: The Constitutional Jurisprudence of the Federal Republic of Germany Donald P. Kommers, Russell A. Miller, 2012-11-09 First published in 1989, The Constitutional Jurisprudence of the Federal Republic of Germany has become an invaluable resource for scholars and practitioners of comparative, international, and constitutional law, as well as of German and European politics. The third edition of this renowned English-language reference has now been fully updated and significantly expanded to incorporate both previously omitted topics and recent decisions of the German Federal Constitutional Court. As in previous editions, Donald P. Kommers and Russell A. Miller's discussions of key developments in German constitutional law are augmented by elegantly translated excerpts from more than one hundred German judicial decisions. Compared to previous editions of The Constitutional Jurisprudence of the Federal Republic of Germany, this third edition more closely tracks Germany's Basic Law and, therefore, the systematic approach reflected in the most-respected German constitutional law commentaries. Entirely new chapters address the relationship between German law and European and international law; social and economic rights, including the property and occupational rights cases that have emerged from Reunification; jurisprudence related to issues of equality, particularly gender equality; and the tension between Germany's counterterrorism efforts and its constitutional guarantees of liberty. Kommers and Miller have also updated existing chapters to address recent decisions involving human rights, federalism, European integration, and religious liberty. |
| american constitution society logo: Ideas with Consequences Amanda Hollis-Brusky, 2015 Many of these questions--including the powers of the federal government, the individual right to bear arms, and the parameters of corporate political speech--had long been considered settled. But the Federalist Society was able to upend the existing conventional wisdom, promoting constitutional theories that had previously been dismissed as ludicrously radical. Hollis-Brusky argues that the Federalist Society offers several of the crucial ingredients needed to accomplish this constitutional revolution. It serves as a credentialing institution for conservative lawyers and judges, legitimizes novel interpretations of the constitution through a conservative framework, and provides a judicial audience of like-minded peers, which prevents the well-documented phenomenon of conservative judges turning moderate after years on the bench. Through these functions, it is able to exercise enormous influence on important cases at every level. |
| american constitution society logo: Regulating from Nowhere Douglas A. Kysar, 2010-06-22 Drawing insight from a diverse array of sources -- including moral philosophy, political theory, cognitive psychology, ecology, and science and technology studies -- Douglas Kysar offers a new theoretical basis for understanding environmental law and policy. He exposes a critical flaw in the dominant policy paradigm of risk assessment and cost-benefit analysis, which asks policymakers to, in essence, regulate from nowhere. As Kysar shows, such an objectivist stance fails to adequately motivate ethical engagement with the most pressing and challenging aspects of environmental law and policy, which concern how we relate to future generations, foreign nations, and other forms of life. Indeed, world governments struggle to address climate change and other pressing environmental issues in large part because dominant methods of policy analysis obscure the central reasons for acting to ensure environmental sustainability. To compensate for these shortcomings, Kysar first offers a novel defense of the precautionary principle and other commonly misunderstood features of environmental law and policy. He then concludes by advocating a movement toward environmental constitutionalism in which the ability of life to flourish is always regarded as a luxury we can afford. |
| american constitution society logo: We the Women Julie C. Suk, 2020-08-11 Ruth Bader Ginsburg believed that the equal rights of women belonged in the Constitution. She stood on the shoulders of brilliant women who persisted across generations to change the Constitution. We the Women tells their stories, showing what’s at stake in the current battle for the Equal Rights Amendment. The year 2020 marks the centennial the Nineteenth Amendment, guaranteeing women’s constitutional right to vote. But have we come far enough? After passage of the Nineteenth Amendment, revolutionary women demanded full equality beyond suffrage, by proposing the Equal Rights Amendment (ERA). Congress took almost fifty years to adopt it in 1972, and the states took almost as long to ratify it. In January 2020, Virginia became the final state needed to ratify the amendment. Why did the ERA take so long? Is it too late to add it to the Constitution? And what could it do for women? A leading legal scholar tells the story of the ERA through the voices of the bold women lawmakers who created it. They faced opposition and subterfuge at every turn, but they kept the ERA alive. And, despite significant victories by women lawyers like Ruth Bader Ginsburg, the achievements of gender equality have fallen short, especially for working mothers and women of color. Julie Suk excavates the ERA’s past to guide its future, explaining how the ERA can address hot-button issues such as pregnancy discrimination, sexual harassment, and unequal pay. The rise of movements like the Women’s March and #MeToo have ignited women across the country. Unstoppable women are winning elections, challenging male abuses of power, and changing the law to support working families. Can they add the ERA to the Constitution and improve American democracy? We the Women shows how the founding mothers of the ERA and the forgotten mothers of all our children have transformed our living Constitution for the better. |
| american constitution society logo: Raceless Georgina Lawton, 2021-02-23 A Bustle Most Anticipated Debut of the Year From The Guardian’s Georgina Lawton, a moving examination of how racial identity is constructed—through the author’s own journey grappling with secrets and stereotypes, having been raised by white parents with no explanation as to why she looked black. Raised in sleepy English suburbia, Georgina Lawton was no stranger to homogeneity. Her parents were white; her friends were white; there was no reason for her to think she was any different. But over time her brown skin and dark, kinky hair frequently made her a target of prejudice. In Georgina’s insistently color-blind household, with no acknowledgement of her difference or access to black culture, she lacked the coordinates to make sense of who she was. It was only after her father’s death that Georgina began to unravel the truth about her parentage—and the racial identity that she had been denied. She fled from England and the turmoil of her home-life to live in black communities around the globe—the US, the UK, Nicaragua, Cuba, the Dominican Republic, Vietnam, and Morocco—and to explore her identity and what it meant to live in and navigate the world as a black woman. She spoke with psychologists, sociologists, experts in genetic testing, and other individuals whose experiences of racial identity have been fraught or questioned in the hopes of understanding how, exactly, we identify ourselves. Raceless is an exploration of a fundamental question: what constitutes our sense of self? Drawing on her personal experiences and the stories of others, Lawton grapples with difficult questions about love, shame, grief, and prejudice, and reveals the nuanced and emotional journey of forming one’s identity. |
| american constitution society logo: Where Law Ends Andrew Weissmann, 2020 In the first and only inside account of the Mueller investigation, one of the special counsel's most trusted prosecutors breaks his silence on the team's history-making search for the truth, their painstaking deliberations and costly mistakes, and Trump's unprecedented efforts to stifle their report. -- Amazon.com. |
| american constitution society logo: The Cult of the Constitution Mary Anne Franks, 2019-05-14 “A powerful challenge to the prevailing constitutional orthodoxy of the right and the left . . . A deeply troubling and absolutely vital book” (Mark Joseph Stern, Slate). In this provocative book, Mary Anne Franks examines the thin line between constitutional fidelity and constitutional fundamentalism. The Cult of the Constitution reveals how deep fundamentalist strains in both conservative and liberal American thought keep the Constitution in the service of white male supremacy. Franks demonstrates how constitutional fundamentalists read the Constitution selectively and self-servingly, thus undermining the integrity of the document as a whole. She goes on to argue that economic and civil libertarianism have merged to produce a deregulatory, “free-market” approach to constitutional rights that achieves fullest expression in the idealization of the Internet. The fetishization of the first and second amendments has blurred the boundaries between conduct and speech and between veneration and violence. But the Constitution itself contains the antidote to fundamentalism. The Cult of the Constitution lays bare the dark, antidemocratic consequences of constitutional fundamentalism and urges readers to take the Constitution seriously, not selectively. |
| american constitution society logo: How Democratic Is the American Constitution? Robert A. Dahl, 2003-11-10 In this provocative book, one of our most eminent political scientists questions the extent to which the American Constitution furthers democratic goals. Robert Dahl reveals the Constitution's potentially antidemocratic elements and explains why they are there, compares the American constitutional system to other democratic systems, and explores how we might alter our political system to achieve greater equality among citizens. In a new chapter for this second edition, he shows how increasing differences in state populations revealed by the Census of 2000 have further increased the veto power over constitutional amendments held by a tiny minority of Americans. He then explores the prospects for changing some important political practices that are not prescribed by the written Constitution, though most Americans may assume them to be so. |
| american constitution society logo: World War I and the American Constitution William G. Ross, 2017-02-27 This book will explore the political, economic, and social forces that generated such rapid changes in traditional understandings of the constitutional relationships between the federal and state governments and their citizens-- |
| american constitution society logo: The Law of Democracy Samuel Issacharoff, Pamela S. Karlan, Richard H. Pildes, 2002 The Law of Democracy offers a systematic exploration of the legal construction of American democracy. The book brings together a cluster of issues in law regulating the design of democratic institutions, and the book employs a variety of methods - historical, comparative, theoretical, doctrinal - to explore foundational questions in the theory and practice of democracy. Covered issues include the historical development of the individual right to vote; current struggles over racial gerrymandering; the relationship of the state to political parties; the constitutional and policy issues surrounding campaign-finance reform; and the tension between majority rule and fair representation of minorities in democratic bodies. |
| american constitution society logo: Sexual Justice Alexandra Brodsky, 2021-08-24 A pathbreaking work for the next stage of the #MeToo movement, showing how we can address sexual harms with fairness to both victims and the accused, and exposing the sexism that shapes today's contentious debates about due process Over the past few years, a remarkable number of sexual harassment victims have come forward with their stories, demanding consequences for their assailants and broad societal change. Each prominent allegation, however, has also set off a wave of questions – some posed in good faith, some distinctly not – about the rights of the accused. The national conversation has grown polarized, inflamed by a public narrative that wrongly presents feminism and fair process as warring interests. Sexual Justice is an intervention, pointing the way to common ground. Drawing on core principles of civil rights law, and the personal experiences of victims and the accused, Alexandra Brodsky details how schools, workplaces, and other institutions can – indeed, must – address sexual harms in ways fair to all. She shows why these allegations cannot be left to police and prosecutors alone, and outlines the key principles of fair proceedings outside the courts. Brodsky explains how contemporary debates continue the long, sexist history of “rape exceptionalism,” in which sexual allegations are treated as uniquely suspect. And she calls on readers to resist the anti-feminist backlash that hijacks the rhetoric of due process to protect male impunity. Vivid and eye-opening, at once intellectually rigorous and profoundly empathetic, Sexual Justice clears up common misunderstandings about sexual harassment, traces the forgotten histories that underlie our current predicament, and illuminates the way to a more just world. |
| american constitution society logo: The Missing American Jury Suja A. Thomas, 2016-06-16 This book explores why juries have declined in power and how the federal government and the states have taken the jury's authority. |
| american constitution society logo: Mixed Messages Robert A. Paul, 2015-04-24 Nearly everyone would agree that humans and their societies evolved by natural selection, that humans are biologically a single species but societies vary greatly, and neither genetic inheritance nor cultural inheritance alone can fully explain humans and their social systems. While there is a literature that addresses dual inheritance theory or the coevolution of culture and genetics, almost all of it is written from a perspective that accepts the neo-Darwinian evolutionary framework but does not give proper weight to social and cultural theory as it has been developed by cultural anthropologists. At the same time, cultural anthropologists have ignored the question of dual inheritance altogether, leaving the theorizing of how it works almost exclusively in the hands of those with a strong biological viewpoint. In this book anthropologist and psychoanalyst Robert Paul attempts to reconcile evolutionary and cultural approaches in anthropology through a comparative ethnographic exploration of how humans receive behavioral instructions from two separate channelsthe genetic code carried in the DNA and the symbolic systems that constitute culture. He develops a dual inheritance model that aims to do justice to both the genetic and cultural channels of inheritance. Paul elaborates his model of the relationship between genes and cultural symbols and then shows how it can make sense of both the similarities and variations found in human social life as captured in the now very extensive ethnographic record. He argues that cultural systems evolve to manage intra-group competition that would ensue from the genetic program pursuing its interests. The book uses thick descriptions and heavy interpretations from the ethnographic record to demonstrate how different societies tackle this challenge. The book fills a niche, connecting the dual-inheritance literature and symbolic cultural anthropology, using insights from the former to detect patterns in the latter. This is a rare and well-researched project, and should receive a broad readership among biological and cultural anthropologists, and students of human nature more broadly. |
| american constitution society logo: The Second Creation Jonathan Gienapp, 2018-10-09 A stunning revision of our founding document’s evolving history that forces us to confront anew the question that animated the founders so long ago: What is our Constitution? Americans widely believe that the United States Constitution was created when it was drafted in 1787 and ratified in 1788. But in a shrewd rereading of the Founding era, Jonathan Gienapp upends this long-held assumption, recovering the unknown story of American constitutional creation in the decade after its adoption—a story with explosive implications for current debates over constitutional originalism and interpretation. When the Constitution first appeared, it was shrouded in uncertainty. Not only was its meaning unclear, but so too was its essential nature. Was the American Constitution a written text, or something else? Was it a legal text? Was it finished or unfinished? What rules would guide its interpretation? Who would adjudicate competing readings? As political leaders put the Constitution to work, none of these questions had answers. Through vigorous debates they confronted the document’s uncertainty, and—over time—how these leaders imagined the Constitution radically changed. They had begun trying to fix, or resolve, an imperfect document, but they ended up fixing, or cementing, a very particular notion of the Constitution as a distinctively textual and historical artifact circumscribed in space and time. This means that some of the Constitution’s most definitive characteristics, ones which are often treated as innate, were only added later and were thus contingent and optional. |
| american constitution society logo: Watchdog Richard Cordray, 2020-02-03 Every day across America, consumers face issues with credit cards, mortgages, car loans, and student loans. When they are cheated or mistreated, all too often they hit a brick wall against the financial companies. People are fed up with being run over by big corporations, and few have the resources or expertise to fight back on their own. It is no wonder consumers feel powerless: they are outgunned every step of the way. Since 1970, the financial industry has doubled in size. It is the biggest source of campaign contributions to federal candidates and parties, spending about $1 billion annually on campaigns and another $500 million on lobbying. The four biggest banks each now has more than $1 trillion in assets. Financial products have become a mass of fine print that consumers can hardly even read, let alone understand. Growing problems in the increasingly one-sided finance markets blew up the economy in 2008. In the aftermath, Congress created the Consumer Financial Protection Bureau. Sharing the stories of individual consumers, Watchdog shows how the Bureau quickly became a powerful force for good, suing big banks for cheating or deceiving consumers, putting limits on predatory lenders, simplifying mortgage paperwork, and stepping in to help solve problems raised by individual consumers. It tells a hopeful story of how our system can be reformed by putting government back on the side of the people, to strengthen our families, safeguard the marketplace, and establish a new baseline of fairness in our democratic society. |
| american constitution society logo: Bouvier's Law Dictionary John Bouvier, 1934 |
| american constitution society logo: Short Route to Chaos Stephen Arons, 1997 Short Route to Chaos develops a series of specific suggestions for reform based on the principle that education, like religion, is a matter of conscience in which families should be free to select their children's schools and public funding should be allocated equally for each child, regardless of wealth or geographic location. The author goes on to propose public debate about a possible education amendment to the U.S. Constitution. His book is an impassioned call for a pragmatic and populist re-constitution of American schooling - one that respects conscience, supports community, and reinvigorates the principles of constitutional democracy. |
Two American Families - Swamp Gas Forums
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Countdown to Kickoff 2025 | Swamp Gas Forums
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