Kategoria BISAC: Political Science >> Constitutions

In On Constitutional Disobedience, Seidman argues that, in order to bring our basic law up to date, it needs benign neglect. This is a highly...

In Constitutional Identity, Gary Jeffrey Jacobsohn argues that a constitution acquires an identity through experience--from a mix of the political aspirations and commitments that express a nation's past and the desire to transcend that past. It is changeable but resistant to its own destruction, and manifests itself in various ways, as Jacobsohn shows in examples as far flung as India, Ireland, Israel, and the United States.

Jacobsohn argues that the presence of disharmony--both the tensions within a constitutional order and those that exist between a constitutional...

Here in a newly annotated edition are the two founding documents of the United States of America: the Declaration of Independence (1776), our great revolutionary manifesto, and the Constitution (1787-88), in which "We the People" forged a new nation and built the framework for our federal republic. Together with the Bill of Rights and the Civil War amendments, these documents constitute what James Madison called our "political scriptures" and have come to define us as a people. Now a Pulitzer Prize-winning historian serves as a guide to these texts, providing historical contexts and...

Originalism holds that the U.S. Constitution should be interpreted according to its meaning at the time it was enacted. In their innovative defense of originalism, John McGinnis and Michael Rappaport maintain that the text of the Constitution should be adhered to by the Supreme Court because it was enacted by supermajorities--both its original enactment under Article VII and subsequent Amendments under Article V. A text approved by supermajorities has special value in a democracy because it has unusually wide support and thus tends to maximize the welfare of the greatest number.

The...

The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme...

Although democracy is a widely held value, concrete measurement of it is elusive. Gerardo L. Munck's constructive assessment of the methods used to measure democracies promises to bring order to the debate in academia and in practice.

Drawing on his years of academic research on democracy and measurement and his practical experience evaluating democratic practices for the United Nations and the Organization of American States, Munck's discussion bridges the theories of academia with practical applications. In proposing a more open and collaborative relationship between theory and...