From abortion to same-sex marriage, today's most urgent political debates will hinge on this two-part question: What did the United States Constitution originally mean and who now understands its meaning best? Rakove chronicles the Constitution from inception to ratification and, in doing so, traces its complex weave of ideology and interest, showing how this document has meant different things at different times to different groups of Americans.
The Unfinished Election of 2000 gathers America's leading historians, political scientists, and constitutional lawyers to examine the strange and unprecedented events of the 2000 election. Together, these essays offer an election book very different from the ones we are too familiar with: not a journalistic account of campaigning and media strategy but a reflective assessment of the strangest election in modern American history.
Today, Americans believe that the early colonists came to the New World in search of religious liberty. What we often forget is that they wanted religious liberty for themselves, not for those who held other views that they rejected and detested. Yet, by the mid-18th century, the colonists agreed that everyone possessed a sovereign right of conscience. How did this change develop? In Beyond Belief, Beyond Conscience, Pulitzer Prize-winning author Jack Rakove tracks the unique course of religious freedom in America. He finds that, as denominations and sects multiplied, Americans became much more tolerant of the free expression of rival religious beliefs. During the Revolutionary era, he explains, most of the new states moved to disestablish churches and to give constitutional recognition to rights of conscience. These two developments explain why religious freedom originally represented the most radical right of all. No other right placed greater importance on the moral autonomy of individuals, or better illustrated how the authority of government could be limited by denying the state authority to act. Together, these developments made possible the great revival of religion in 19th-century America. As Rakove explains, America's intense religiosity eventually created a new set of problems for mapping the relationship between church and state. He goes on to examine some of our contemporary controversies over church and state not from the vantage point of legal doctrine, but of the deeper history that gave the U.S. its own approach to religious freedom. In this book, he tells the story of how American ideas of religious toleration and free exercise evolved over time, and why questions of church and state still vex us.
In this inaugural volume of the Alexis de Tocqueville Lectures, James Ceaser traces the way certain "foundational" ideas—including nature, history, and religion—have been understood and used over the course of American history. Ceaser treats these ideas as elements of political discourse that provide the ground for other political ideas, such as liberty or equality. Three critical commentators challenge Ceaser's arguments, and a spirited debate about large and enduring questions in American politics ensues.
From abortion to same-sex marriage, today's most urgent political debates will hinge on this two-part question: What did the United States Constitution originally mean and who now understands its meaning best? Rakove chronicles the Constitution from inception to ratification and, in doing so, traces its complex weave of ideology and interest, showing how this document has meant different things at different times to different groups of Americans.
James Madison presented his most celebrated and studied political ideas in his contributions to The Federalist, the essays that he, Alexander Hamilton, and John Jay wrote in 1787–1788 to secure ratification of the U.S. Constitution. As Jack N. Rakove shows in A Politician Thinking, however, those essays do not illustrate the full complexity and vigor of Madison’s thinking. In this book, Rakove pushes beyond what Madison thought to examine how he thought, showing that this founder’s political genius lay less in the content of his published writings than in the ways he turned his creative mind to solving real political problems. Rakove begins his analysis by examining how Madison drew upon his experiences as a member of the Continental Congress and as a Virginia legislator to develop his key ideas. Madison sought to derive lessons of history from his reading and his own experience, but he also thought about politics in terms of what we now recognize as game theory. After discussing Madison’s approach to the challenge of constitutional change, Rakove emphasizes his strikingly modern understanding of legislative deliberation, which he treated as the defining problem of republican government. Rakove also addresses Madison’s deliberation about ways to protect the rights of individuals and political minorities from the rule of “factious majorities.” The book closes by tracing how Madison developed strategies for maintaining long-term constitutional stability and adjusting to the new realities of governance under the Constitution. Engaging and accessible, A Politician Thinking offers new insight concerning a key constitutional thinker and the foundations of the American constitutional system. Having a more thorough understanding of how Madison solved the problems presented in the formation of that system, we better grasp a unique moment of political innovation.
The purchase of this ebook edition does not entitle you to receive access to the Connected eBook with Study Center on CasebookConnect. You will need to purchase a new print book to get access to the full experience, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. In Processes of Constitutional Decisionmaking, an extraordinary team of authors traces the historical, political, and social development of constitutional law. Students will consider constitutional questions in a broad historical context, with cutting-edge insights from contemporary scholars. This book has been updated to include all new developments in the field, and delivers strong chapters on the constitutional treatment of sex equality, race, civil rights, separation of powers, and federalism. Key Features: Coverage of recent cases and materials including: Obergefell v. Hodges - Same-Sex Marriage Whole Woman’s Health v. Hellerstedt – Abortion Regulation Zivotofsky v. Kerry – Presidential Power Fisher v. University of Texas – Affirmative Action New Discussion of Cooperative Federalism Sessions v. Morales–Santana – Sex Equality
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 offering interpretive commentary. In an introductory essay written for the general reader, Jack N. Rakove provides a narrative political account of how these documents came to be written. In his commentary on the Declaration of Independence, Rakove sets the historical context for a fuller appreciation of the important preamble and the list of charges leveled against the Crown. When he glosses the Constitution, the Bill of Rights, and the subsequent amendments, Rakove once again provides helpful historical background, targets language that has proven particularly difficult or controversial, and cites leading Supreme Court cases. A chronology of events provides a framework for understanding the road to Philadelphia. The general reader will not find a better, more helpful guide to our founding documents than Jack N. Rakove.
Originally published in 1982. Despite a necessary preoccupation with the Revolutionary struggle, America's Continental Congress succeeded in establishing itself as a governing body with national—and international—authority. How the Congress acquired and maintained this power and how the delegates sought to resolve the complex theoretical problems that arose in forming a federal government are the issues confronted in Jack N. Rakove's searching reappraisal of Revolution-era politics. Avoiding the tendency to interpret the decisions of the Congress in terms of competing factions or conflicting ideologies, Rakove opts for a more pragmatic view. He reconstructs the political climate of the Revolutionary period, mapping out both the immediate problems confronting the Congress and the available alternatives as perceived by the delegates. He recreates a landscape littered with unfamiliar issues, intractable problems, unattractive choices, and partial solutions, all of which influenced congressional decisions on matters as prosaic as military logistics or as abstract as the definition of federalism.
From one of the nation’s preeminent constitutional scholars, a sweeping rethinking of the uses of history in constitutional interpretation Fights over history are at the heart of most important constitutional disputes in America. The Supreme Court’s current embrace of originalism is only the most recent example of how lawyers and judges try to use history to establish authority for their positions. Jack M. Balkin argues that fights over constitutional interpretation are often fights over collective memory. Lawyers and judges construct—and erase—memory to lend authority to their present-day views; they make the past speak their values so they can then claim to follow it. The seemingly opposed camps of originalism and living constitutionalism are actually mirror images of a single phenomenon: how lawyers use history to adapt an ancient constitution to a constantly changing world. Balkin shows how lawyers and judges channel history through standard forms of legal argument that shape how they use history and even what they see in history. He explains how lawyers and judges invoke history selectively to construct authority for their claims and undermine the authority of opposing views. And he elucidates the perpetual quarrel between historians and lawyers, showing how the two can best join issue in legal disputes. This book is a sweeping rethinking of the uses of history in constitutional interpretation.
This text aims to bridge the gap between theory and practice by emphasizing the basics of national government as seen from a variety of perspectives - conservative, liberal, libertarian, populist and Marxist. This material is blended with a brief, straightforward presentation of the basics of national government.
For over fifty years, UNDERSTANDING THE CONSTITUTION has helped students understand and interpret the document that outlines America's fundamental rules and government structures. Always current and concise, this textbook is an indispensable supplement for courses in Constitutional Law, Judicial Process, Civil Liberties, and Introductory American Government.
Thank you for visiting our website. Would you like to provide feedback on how we could improve your experience?
This site does not use any third party cookies with one exception — it uses cookies from Google to deliver its services and to analyze traffic.Learn More.