As everyone knows, the United States Constitution is a tangible, visible document. Many see it in fact as a sacred text, holding no meaning other than that which is clearly visible on the page. Yet as renowned legal scholar Laurence Tribe shows, what is not written in the Constitution plays a key role in its interpretation. Indeed some of the most contentious Constitutional debates of our time hinge on the extent to which it can admit of divergent readings. In The Invisible Constitution, Tribe argues that there is an unseen constitution--impalpable but powerful--that accompanies the parchment version. It is the visible document's shadow, its dark matter: always there and possessing some of its key meanings and values despite its absence on the page. As Tribe illustrates, some of our most cherished and widely held beliefs about constitutional rights are not part of the written document, but can only be deduced by piecing together hints and clues from it. Moreover, some passages of the Constitution do not even hold today despite their continuing existence. Amendments may have fundamentally altered what the Constitution originally said about slavery and voting rights, yet the old provisos about each are still in the text, unrevised. Through a variety of historical episodes and key constitutional cases, Tribe brings to life this invisible constitution, showing how it has evolved and how it works. Detailing its invisible structures and principles, Tribe compellingly demonstrates the invisible constitution's existence and operative power. Remarkably original, keenly perceptive, and written with Tribe's trademark analytical flair, this latest volume in Oxford's Inalienable Rights series offers a new way of understanding many of the central constitutional debates of our time. About the Series: Combining authority with wit, accessibility, and style, Very Short Introductions offer an introduction to some of life's most interesting topics. Written by experts for the newcomer, they demonstrate the finest contemporary thinking about the central problems and issues in hundreds of key topics, from philosophy to Freud, quantum theory to Islam.
Our Constitution speaks in general terms of liberty and property, of the privileges and immunities of citizens, and of the equal protection of the laws--open-ended phrases that seem to invite readers to reflect in them their own visions and agendas. Yet, recognizing that the Constitution cannot be merely what its interpreters wish it to be, this volume's authors draw on literary and mathematical analogies to explore how the fundamental charter of American government should be construed today.
An updated paper edition of Tribe's (constitutional law, Harvard U.) 1990 contribution to the abortion debate, in which he surveys the deeply held views of the contending parties, and suggests new approaches to resolving the issue. Annotation copyright by Book News, Inc., Portland, OR
Challenging the ruling premises underlying many of the Supreme Court's positions on fundamental issues of government authority and individual rights, Tribe shows how the Court is increasingly coming to resemble a judicial Office of Management and Budget, straining constitutional discourse through a managerial sieve to defend its constitutional rulings. Tribe explains how the Court's "calculus" systematically excludes basic concerns about the distribution of wealth and power and conceals fundamental choices about the American polity. Calling for a more candid confrontation of those choices, Tribe exposes what has gone wrong and suggests how the Court can reclaim the historic role entrusted to it by the Constitution. ISBN 0-674-16538-1: $29.95.
Harvard Law School scholars Laurence Tribe and Joshua Matz reveal how Chief Justice John Roberts is shaking the foundation of our nation’s laws in Uncertain Justice: The Roberts Court and the Constitution. From Citizens United to its momentous rulings regarding Obamacare and gay marriage, the Supreme Court under Chief Justice John Roberts has profoundly affected American life. Yet the court remains a mysterious institution, and the motivations of the nine men and women who serve for life are often obscure. Now, in Uncertain Justice, Laurence Tribe and Joshua Matz show the surprising extent to which the Roberts Court is revising the meaning of our Constitution. Political gridlock, cultural change, and technological progress mean that the court’s decisions on key topics—including free speech, privacy, voting rights, and presidential power—could be uniquely durable. Acutely aware of their opportunity, the justices are rewriting critical aspects of constitutional law and redrawing the ground rules of American government. Tribe—one of the country’s leading constitutional lawyers—and Matz dig deeply into the court’s rulings, stepping beyond tired debates over judicial “activism” to draw out hidden meanings and silent battles. The undercurrents they reveal suggest a strikingly different vision for the future of our country, one that is sure to be hotly debated. Filled with original insights and compelling human stories, Uncertain Justice illuminates the most colorful story of all—how the Supreme Court and the Constitution frame the way we live. “Marvelous...Tribe and Matz’s insights are illuminating.... [They] offer well-crafted overviews of key cases decided by the Roberts Court ... [and] chart the Supreme Court’s conservative path, clarifying complex cases in accessible terms.”—The Chicago Tribune “Well-written and highly readable...The strength of the book is its painstaking explanation of all sides of the critical cases, giving full voice and weight to conservative and liberal views alike.”—The Washington Post
As Congress prepares articles of impeachment of President Trump, read the definitive book on presidential impeachment and how it should be used today. Impeachment is our ultimate constitutional check against an out-of-control executive. But it is also a perilous and traumatic undertaking for the nation. In this authoritative examination, Laurence Tribe and Joshua Matz rise above the daily clamor to illuminate impeachment's proper role in our age of broken politics. To End a Presidency is an essential book for anyone seeking to understand how this fearsome power should be deployed.
Some misconceptions arise from mistaken claims that pass as fact, such as the notion that the U.S. Constitution derived some of its concepts from the Iroquois. The misuse of terms such as genocide and paternalism has also obscured the experience of individual Indian nations or dulled perceptions about Anglo-American avarice.
This document-based instructional manual is intended to give teachers and students greater understanding of the Seneca Nation of Indians (SNI), their history, world view, and concerns. The SNI is a federally recognized sovereign nation, having a government-to-government relationship with the U.S., set forth in treaties (1784 to 1794). This manual throws light on the Seneca experience from after the American Revolution to today. Its 2 goals are to provide accurate information about the rich Native American history of western New York and to encourage teachers to incorporate the information provided into the standard American history curriculum and participation in government classes taught in grades 7-12. It contains 32 documents, 11 maps, 51 illustrations, questions at the end of each chapter with suggestions for further reading, and lists museums with excellent collections of Seneca material culture, major Native American periodicals, and recommended websites.
The Oneida Indians, already weakened by their participation in the Civil War, faced the possibility of losing their reservation—their community’s greatest crisis since its resettlement in Wisconsin after the War of 1812. The Oneida Indians in the Age of Allotment, 1860–1920 is the first comprehensive study of how the Oneida Indians of Wisconsin were affected by the Dawes General Allotment Act of 1887, the Burke Act of 1906, and the Federal Competency Commission, created in 1917. Editors Laurence M. Hauptman and L. Gordon McLester III draw on the expertise of historians, anthropologists, and archivists, as well as tribal attorneys, educators, and elders to clarify the little-understood transformation of the Oneida reservation during this era. Sixteen WPA narratives included in this volume tell of Oneida struggles during the Civil War and in boarding schools; of reservation leaders; and of land loss and other hardships under allotment. This book represents a unique collaborative effort between one Native American community and academics to present a detailed picture of the Oneida Indian past.
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