“[A] wide-ranging and nuanced group portrait of the Founding Fathers” by a Pulitzer Prize winner (The New Yorker). In the early 1770s, the men who invented America were living quiet, provincial lives in the rustic backwaters of the New World, devoted to family and the private pursuit of wealth and happiness. None set out to become “revolutionary.” But when events in Boston escalated, they found themselves thrust into a crisis that moved quickly from protest to war. In Revolutionaries, a Pulitzer Prize–winning historian shows how the private lives of these men were suddenly transformed into public careers—how Washington became a strategist, Franklin a pioneering cultural diplomat, Madison a sophisticated constitutional thinker, and Hamilton a brilliant policymaker. From the Boston Tea Party to the First Continental Congress, from Trenton to Valley Forge, from the ratification of the Constitution to the disputes that led to our two-party system, Rakove explores the competing views of politics, war, diplomacy, and society that shaped our nation. We see the founders before they were fully formed leaders, as ordinary men who became extraordinary, altered by history. “[An] eminently readable account of the men who led the Revolution, wrote the Constitution and persuaded the citizens of the thirteen original states to adopt it.” —San Francisco Chronicle “Superb . . . a distinctive, fresh retelling of this epochal tale . . . Men like John Dickinson, George Mason, and Henry and John Laurens, rarely leading characters in similar works, put in strong appearances here. But the focus is on the big five: Washington, Franklin, John Adams, Jefferson, and Hamilton. Everyone interested in the founding of the U.S. will want to read this book.” —Publishers Weekly, starred review
Questions about the original meaning of the Bill of Rights remain a source of active concern and controversy in the twenty-first century. In order to help students consider the intentions of the first Constitutional amendments and the significance of declaring rights, Jack Rakove traces the tradition and describes the deliberations from which the Bill of Rights emerged.
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.
Questions about the original meaning of the Bill of Rights remain a source of active concern and controversy in the twenty-first century. In order to help students consider the intentions of the first Constitutional amendments and the significance of declaring rights, Jack Rakove traces the tradition and describes the deliberations from which the Bill of Rights emerged.
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.
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.
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.
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.
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.
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 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.
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
This is the story, as told by a NYC elementary school teacher, of the thirty years he taught in public schools. It tells of the joy, heartache and frustration that teachers deal with on a day-to-day, year-to-year basis. You will laugh at the responses that children make, the insight they sometimes possess and the gentle hearts they still have at their age. You will also read of the frustrations experienced by teachers as they deal with the bureaucracy and politics of people who have no idea of what goes on in a classroom and many times make decisions that are unrealistic. It may also reveal to parents what REALLY goes on in a classroom!
In Beyond Belief, Beyond Conscience, Pulitzer Prize-winning author Jack Rakove makes broad claims about how religious freedom affects us. He contrasts the radical course of American developments with the more complicated ways in which Europeans tried to promote religious tolerance. He argues that both freedom of conscience and disestablishment were critical constitutional principles whose significance we no longer fully appreciate. Rakove explains why Jefferson's and Madison's understanding of these concepts were influential to their constitutional thinking. And he examines some of our contemporary controversies over church and state from the vantage point, not of legal doctrine, but of the deeper history that gave the U.S. its unique approach to religious freedom.
“[A] wide-ranging and nuanced group portrait of the Founding Fathers” by a Pulitzer Prize winner (The New Yorker). In the early 1770s, the men who invented America were living quiet, provincial lives in the rustic backwaters of the New World, devoted to family and the private pursuit of wealth and happiness. None set out to become “revolutionary.” But when events in Boston escalated, they found themselves thrust into a crisis that moved quickly from protest to war. In Revolutionaries, a Pulitzer Prize–winning historian shows how the private lives of these men were suddenly transformed into public careers—how Washington became a strategist, Franklin a pioneering cultural diplomat, Madison a sophisticated constitutional thinker, and Hamilton a brilliant policymaker. From the Boston Tea Party to the First Continental Congress, from Trenton to Valley Forge, from the ratification of the Constitution to the disputes that led to our two-party system, Rakove explores the competing views of politics, war, diplomacy, and society that shaped our nation. We see the founders before they were fully formed leaders, as ordinary men who became extraordinary, altered by history. “[An] eminently readable account of the men who led the Revolution, wrote the Constitution and persuaded the citizens of the thirteen original states to adopt it.” —San Francisco Chronicle “Superb . . . a distinctive, fresh retelling of this epochal tale . . . Men like John Dickinson, George Mason, and Henry and John Laurens, rarely leading characters in similar works, put in strong appearances here. But the focus is on the big five: Washington, Franklin, John Adams, Jefferson, and Hamilton. Everyone interested in the founding of the U.S. will want to read this book.” —Publishers Weekly, starred review
A study of the work, philosophy, and life of the influential eighteenth-century American writer. This concise, thoughtful introduction to the work of Thomas Paine, author of Common Sense and Rights of Man, explores the impact of one of the most influential minds of the American and French Revolutions and the sources from which his thinking evolved. In Jack Fruchtman Jr.’s helpful interpretation, Paine built his argument for radical revolution in 1776 on a study of nature and Providence and a belief in natural rights. Men and women owed it to themselves to break the chains of rank, hierarchy, and even organized religion in order to live freely, embracing the possibilities of invention, progress, and equality that lay ahead. In 1793, at the height of the French Revolution and its secularizing fury, Paine reminded readers that it was nature's God who created natural rights. The rights of man thus held out both the great potential of freedom and the requirement that human beings be responsible for those who were the least fortunate in society. On balance we may think of Paine as a secular preacher for the rule of reason. “A compelling portrait of Thomas Paine as a serious, complex, and often surprising writer. . . . This is a very useful volume for new students of U.S. political thought, as well as for scholars seeking a quick but illuminating overview of Paine’s writings and philosophy.” —Choice “A great way for the newcomer to appreciate the range, diversity, and raw power and brilliance of Paine's ideas.” —Claremont Review of Books “Fruchtman’s concise analysis is tightly focused. . . . A coherent vision of Paine’s work, encompassing his many contradictions.” —Times Literary Supplement (UK)
This volume supplements the acclaimed three volume set published in 1986 and consists of an annotated listing of American Studies monographs published between 1984 and 1988. There are more than 6,000 descriptive entries in a wide range of categories: anthropology and folklore, art and architecture, history, literature, music, political science, popular culture, psychology, religion, science and technology, and sociology.
Casebook for law school courses on Foreign Relations Law, offering a mix of cases, statutes, and executive branch materials, as well as extensive notes and questions and discussion of relevant historical background"--
Originalism and living constitutionalism, so often understood to be diametrically opposing views of our nation’s founding document, are not in conflict—they are compatible. So argues Jack Balkin, one of the leading constitutional scholars of our time, in this long-awaited book. Step by step, Balkin gracefully outlines a constitutional theory that demonstrates why modern conceptions of civil rights and civil liberties, and the modern state’s protection of national security, health, safety, and the environment, are fully consistent with the Constitution’s original meaning. And he shows how both liberals and conservatives, working through political parties and social movements, play important roles in the ongoing project of constitutional construction. By making firm rules but also deliberately incorporating flexible standards and abstract principles, the Constitution’s authors constructed a framework for politics on which later generations could build. Americans have taken up this task, producing institutions and doctrines that flesh out the Constitution’s text and principles. Balkin’s analysis offers a way past the angry polemics of our era, a deepened understanding of the Constitution that is at once originalist and living constitutionalist, and a vision that allows all Americans to reclaim the Constitution as their own.
As American politics becomes ever more dominated by powerful vested interests, positive change seems permanently stymied. Left out in the cold by the political process, citizens are frustrated and despairing. How can we take back our democracy from the grip of oligarchy and bring power to the people? In Direct Deliberative Democracy, Jack Crittenden and Debra Campbell offer up a better way for government to reflect citizens' interests. It begins with a startlingly basic question: "e;Why don't we the people govern?"e; In this provocative book, the authors mount a powerful case that the time has come for more direct democracy in the United States, showing that the circumstances that made the Constitutional framers' arguments so convincing more than two hundred years ago have changed dramatically-and that our democracy needs to change with them. With money, lobbyists, and corporations now dominating local, state, and national elections, the authors argue that now is the time for citizens to take control of their government by deliberating together to make public policies and laws directly. At the heart of their approach is a proposal for a new system of "e;legislative juries,"e; in which the jury system would be used as a model for selecting citizens to create ballot initiatives. This would enable citizens to level the playing field, bring little-heard voices into the political arena, and begin the process of transforming our democracy into one that works for, not against, its citizens.
American Constitutional History presents a concise introduction to the constitutional developments that have taken place over the past 225 years, treating trends from history, law, and political science. Presents readers with a brief and accessible introduction to more than two centuries of U.S. constitutional history Explores constitutional history chronologically, breaking U.S. history into five distinct periods Reveals the full sweep of constitutional changes through a focus on issues relating to economic developments, civil rights and civil liberties, and executive power Reflects the evolution of constitutional changes all the way up to the conclusion of the June 2015 Supreme Court term
The Odyssey is a general theory as to how mankind moved from the scarcity of primitive life to the present world of technological abundance.It offers a specific view of psychological life that recurs in the institutional structures of religion, capitalism, and romanticism. A similar theme emerges in the various configurations of the Western world starting with Odysseus on his way home to today’s world of global outreach, a story like no other.
Traces the history of, and analyzes, the current status of the law on a number of prohibited acts forbidden to the federal government as prescribed in Article I, Section 9, of the United States Constitution. Most of these represent constraints on Congress with the exception of the statement that no money may be drawn from the U.S. Treasury except by appropriation, which increases the power of Congress. The provisions include prohibitions against suspending the privilege of the writ of habeas corpus except in cases of emergency and against passing bills of attainder and ex post facto laws. These prohibitions secure important freedoms for the citizens of the United States. Among the other prohibitions discussed are a delay in stopping the slave trade, forbidding taxes on exports between states, forbidding giving preferences to ports of one state, and forbidding public officers from accepting things of value from foreign countries. Several of these provisions, such as those concerning bills of attainder, ex post facto laws, and the writ of habeas corpus laws are the bedrock of our free society. The provision on the need for appropriations enhances the role of Congress and sets up potential conflicts between it and the other two branches of government, conflicts that might lead to highly significant cases that will help to clarify to doctrine of the separation of powers. A table of cases, bibliographic essay, and an index to enable further pursuit of key topics is included to aid students, legal, and constitutional scholars.
Why democracy is the best way of deciding how decisions should be made Pragmatism and its consequences are central issues in American politics today, yet scholars rarely examine in detail the relationship between pragmatism and politics. In The Priority of Democracy, Jack Knight and James Johnson systematically explore the subject and make a strong case for adopting a pragmatist approach to democratic politics—and for giving priority to democracy in the process of selecting and reforming political institutions. What is the primary value of democracy? When should we make decisions democratically and when should we rely on markets? And when should we accept the decisions of unelected officials, such as judges or bureaucrats? Knight and Johnson explore how a commitment to pragmatism should affect our answers to such important questions. They conclude that democracy is a good way of determining how these kinds of decisions should be made—even if what the democratic process determines is that not all decisions should be made democratically. So, for example, the democratically elected U.S. Congress may legitimately remove monetary policy from democratic decision-making by putting it under the control of the Federal Reserve. Knight and Johnson argue that pragmatism offers an original and compelling justification of democracy in terms of the unique contributions democratic institutions can make to processes of institutional choice. This focus highlights the important role that democracy plays, not in achieving consensus or commonality, but rather in addressing conflicts. Indeed, Knight and Johnson suggest that democratic politics is perhaps best seen less as a way of reaching consensus or agreement than as a way of structuring the terms of persistent disagreement.
The Encyclopedia of Political Revolutions is an important reference work that describes revolutionary events that have affected and often changed the course of history. Suitable for students and interested lay readers yet authoritative enough for scholars, its 200 articles by leading scholars from around the world provide quick answers to specific questions as well as in-depth treatment of events and trends accompanying revolutions. Includes descriptions of specific revolutions, important revolutionary figures, and major revolutionary themes such as communism and socialism, ideology, and nationalism. Illustrative material consists of photographs, detailed maps, and a timeline of revolutions.
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.
A dazzling addition to the history of the American Revolution." ―Kirkus Review (starred) "Finally... a full and fascinating portrait of a true hero of the American Revolution, until he was visited by villainy. A riveting read." ―Tom Clavin, New York Times bestselling author of Follow Me to Hell Benedict Arnold committed treason— for more than two centuries, that’s all that most Americans have known about him. Yet Arnold was much more than a turncoat—his achievements during the early years of the Revolutionary War defined him as the most successful soldier of the era. GOD SAVE BENEDICT ARNOLD tells the gripping story of Arnold’s rush of audacious feats—his capture of Fort Ticonderoga, his Maine mountain expedition to attack Quebec, the famous artillery brawl at Valcour Island, the turning-point battle at Saratoga—that laid the groundwork for our independence. Arnold was a superb leader, a brilliant tactician, a supremely courageous military officer. He was also imperfect, disloyal, villainous. One of the most paradoxical characters in American history, and one of the most interesting. GOD SAVE BENEDICT ARNOLD does not exonerate him for his treason—the stain on his character is permanent. But Kelly’s insightful exploration of Arnold’s career as a warrior shines a new light on this gutsy, fearless, and enigmatic figure. In the process, the book offers a fresh perspective on the reasons for Arnold’s momentous change of heart.
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