Michael Stokes Paulsen's Books

The Constitution

An Introduction

By: Michael Stokes Paulsen,Luke Paulsen

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The Constitution

An Introduction

By: Michael Stokes Paulsen,Luke Paulsen

The definitive modern primer on the US Constitution, “an eloquent testament to the Constitution as a covenant across generations” (National Review). From freedom of speech to gun ownership, religious liberty to abortion, practically every aspect of American life is shaped by the Constitution. Yet most of us know surprisingly little about the Constitution itself. In The Constitution, legal scholars Michael Stokes Paulsen and Luke Paulsen offer a lively introduction to the supreme law of the United States. Beginning with the Constitution’s birth in 1787, Paulsen and Paulsen offer a grand tour of its provisions, principles, and interpretation, introducing readers to the characters and controversies that have shaped the Constitution in the 200-plus years since its creation. Along the way, the authors correct popular misconceptions about the Constitution and offer powerful insights into its true meaning. This lucid guide provides readers with the tools to think critically about constitutional issues — a skill that is ever more essential to the continued flourishing of American democracy.

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364

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Basic Books

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ISBN 10

0465093299

ISBN 13

9780465093298

The Constitution

An Introduction

By: Michael Stokes Paulsen,Luke Paulsen

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The Constitution

An Introduction

By: Michael Stokes Paulsen,Luke Paulsen

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364

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Basic Books

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ISBN 10

0465093299

ISBN 13

9780465093298

Originalism and the Good Constitution

By: John O. McGinnis,Michael B. Rappaport

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Originalism and the Good Constitution

By: John O. McGinnis,Michael B. Rappaport

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 authors recognize and respond to many possible objections. Does originalism perpetuate the dead hand of the past? How can following the original meaning be justified, given that African Americans and women were excluded from the enactment of the Constitution in 1787 and many of its subsequent Amendments? What is originalism’s place in interpretation of the Constitution, when after two hundred years there is so much non-originalist precedent? A fascinating counterfactual they pose is this: had the Supreme Court not interpreted the Constitution so freely, perhaps the nation would have resorted to the Article V amendment process more often and with greater effect. Their book will be an important contribution to the literature on originalism, which is now the most prominent theory of constitutional interpretation.

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377

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Harvard University Press

Published Date

ISBN 10

0674727363

ISBN 13

9780674727366

The Federal Appointments Process

A Constitutional and Historical Analysis

By: Michael J. Gerhardt

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The Federal Appointments Process

A Constitutional and Historical Analysis

By: Michael J. Gerhardt

The history of how judges and others get appointed to federal positions, and the politcal jockeying that has always accompanied the process.

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500

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Duke University Press

Published Date

ISBN 10

0822331993

ISBN 13

9780822331995

We the People: The Fourteenth Amendment and the Supreme Court

By: Michael J. Perry

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We the People: The Fourteenth Amendment and the Supreme Court

By: Michael J. Perry

Several of the most divisive moral conflicts that have beset Americans in the period since World War II have been transmuted into constitutional conflicts and resolved as such. In his new book, eminent legal scholar Michael Perry evaluates the grave charge that the modern Supreme Court has engineered a "judicial usurpation of politics." In particular, Perry inquires which of several major Fourteenth Amendment conflicts--over race segregation, race-based affirmative action, sex-based discrimination, homosexuality, abortion, and physician-assisted suicide--have been resolved as they should have been. He lays the necessary groundwork for his inquiry by addressing questions of both constitutional theory and constitutional history. A clear-eyed examination of some of the perennial controversies in American life, We the People is a major contribution to modern constitutional studies.

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286

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Oxford University Press

Published Date

ISBN 10

0195348605

ISBN 13

9780195348606

Constitutional Law

By: Michael C. Dorf,Trevor W. Morrison

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Constitutional Law

By: Michael C. Dorf,Trevor W. Morrison

This is a sophisticated introduction to constitutional law, and a rich blend of discussion of Supreme Court decisions and theories that drive constitutional debates. Analysis of cases illustrates theories of constitutional justice, and probing consideration of leading theories illuminates the deeper stakes of disputes and judicial rulings."-Richard Fallon, Ralph S. Tyler, Jr. Professor of Constitutional Law, Harvard Law School.

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267

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Oxford University Press, USA

Published Date

ISBN 10

0195370031

ISBN 13

9780195370034

The Constitutional Convention

A Narrative History from the Notes of James Madison

By: James Madison,Edward J. Larson,Michael P. Winship

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The Constitutional Convention

A Narrative History from the Notes of James Madison

By: James Madison,Edward J. Larson,Michael P. Winship

In 1787, the American union was in disarray. The incompatible demands of the separate states threatened its existence; some states were even in danger of turning into the kind of tyranny they had so recently deposed. A truly national government was needed, one that could raise money, regulate commerce, and defend the states against foreign threats–without becoming as overbearing as England. So thirty-six-year-old James Madison believed. That summer, the Virginian was instrumental in organizing the Constitutional Convention, in which one of the world’s greatest documents would be debated, created, and signed. Inspired by a sense of history in the making, he kept the most extensive notes of any attendee.Now two esteemed scholars have made these minutes accessible to everyone. Presented with modern punctuation and spelling, judicious cuts, and helpful notes–plus fascinating background information on every delegate and an overview of the tumultuous times–here is the great drama of how the Constitution came to be, from the opening statements to the final votes. This Modern Library Paperback Classic also includes an Introduction and appendices from the authors.

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258

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Modern Library

Published Date

ISBN 10

0307789209

ISBN 13

9780307789204

The Fourth Amendment

Original Understandings and Modern Policing

By: Michael J. Z. Mannheimer

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The Fourth Amendment

Original Understandings and Modern Policing

By: Michael J. Z. Mannheimer

Police are required to obey the law. While that seems obvious, courts have lost track of that requirement due to misinterpreting the two constitutional provisions governing police conduct: the Fourth and Fourteenth Amendments. The Fourth Amendment forbids "unreasonable searches and seizures" and is the source of most constitutional constraints on policing. Although that provision technically applies only to the federal government, the Fourteenth Amendment, ratified in the wake of the Civil War, has been deemed to apply the Fourth Amendment to the States. This book contends that the courts’ misinterpretation of these provisions has led them to hold federal and state law enforcement mistakenly to the same constitutional standards. The Fourth Amendment was originally understood as a federalism, or “states’ rights,” provision that, in effect, required federal agents to adhere to state law when searching or seizing. Thus, applying the same constraint to the States is impossible. Instead, the Fourteenth Amendment was originally understood in part as requiring that state officials (1) adhere to state law, (2) not discriminate, and (3) not be granted excessive discretion by legislators. These principles should guide judicial review of modern policing. Instead, constitutional constraints on policing are too strict and too forgiving at the same time. In this book, Michael J.Z. Mannheimer calls for a reimagination of what modern policing could look like based on the original understandings of the Fourth and Fourteenth Amendments.

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431

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University of Michigan Press

Published Date

ISBN 10

0472903713

ISBN 13

9780472903719

Endowed by Our Creator

The Birth of Religious Freedom in America

By: Michael Meyerson

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Endowed by Our Creator

The Birth of Religious Freedom in America

By: Michael Meyerson

Aims to provide an unbiased look at the Founding Fathers' concept of freedom of religion.

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384

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Yale University Press

Published Date

ISBN 10

030016632X

ISBN 13

9780300166323

A Global Political Morality

Human Rights, Democracy, and Constitutionalism

By: Michael J. Perry

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A Global Political Morality

Human Rights, Democracy, and Constitutionalism

By: Michael J. Perry

In A Global Political Morality, Michael J. Perry addresses several related questions in human rights theory, political theory and constitutional theory. He begins by explaining what the term 'human right' means and then elaborates and defends the morality of human rights, which is the first truly global morality in human history. Perry also pursues the implications of the morality of human rights for democratic governance and for the proper role of courts - especially the US Supreme Court - in protecting constitutionally entrenched human rights. The principal constitutional controversies discussed in the book are capital punishment, race-based affirmative action, same-sex marriage, physician-assisted suicide and abortion.

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328

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Cambridge University Press

Published Date

ISBN 10

1108150357

ISBN 13

9781108150354

The Forgotten Presidents

Their Untold Constitutional Legacy

By: Michael J. Gerhardt

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The Forgotten Presidents

Their Untold Constitutional Legacy

By: Michael J. Gerhardt

Their names linger in memory mainly as punch lines, synonyms for obscurity: Millard Fillmore, Chester Arthur, Calvin Coolidge. They conjure up not the White House so much as a decaying middle school somewhere in New Jersey. But many forgotten presidents, writes Michael J. Gerhardt, were not weak or ineffective. They boldly fought battles over constitutional principles that resonate today. Gerhardt, one of our leading legal experts, tells the story of The Forgotten Presidents. He surveys thirteen administrations in chronological order, from Martin Van Buren to Franklin Pierce to Jimmy Carter, distinguishing political failures from their constitutional impact. Again and again, he writes, they defied popular opinion to take strong stands. Martin Van Buren reacted to an economic depression by withdrawing federal funds from state banks in an attempt to establish the controversial independent treasury system. His objective was to shrink the federal role in the economy, but also to consolidate his power to act independently as president. Prosperity did not return, and he left office under the shadow of failure. Grover Cleveland radically changed his approach in his second (non-consecutive) term. Previously he had held back from interference with lawmakers; on his return to office, he aggressively used presidential power to bend Congress to his will. Now seen as an asterisk, Cleveland consolidated presidential authority over appointments, removals, vetoes, foreign affairs, legislation, and more. Jimmy Carter, too, proves surprisingly significant. In two debt-ceiling crises and battles over the Panama Canal treaty, affirmative action, and the First Amendment, he demonstrated how the presidency's inherent capacity for efficiency and energy gives it an advantage in battles with Congress, regardless of popularity. Gerhardt explains the many things these and ten other presidents have in common that explain why, in spite of any of their excesses, they have become forgotten chief executives. Incisive, myth-shattering, and compellingly written, this book shows how even obscure presidents championed the White House's prerogatives and altered the way we interpret the Constitution.

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336

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Oxford University Press

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ISBN 10

0199967814

ISBN 13

9780199967810

The Presidential Dilemma

Revisiting Democratic Leadership in the American System

By: Michael Genovese

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The Presidential Dilemma

Revisiting Democratic Leadership in the American System

By: Michael Genovese

This brief, thought-provoking text evaluates the performance of recent presidents from Johnson to Bush, finding that, overall, each has failed to live up to public expectations. Written by one of the top presidency scholars today, The Presidential Dilemma reflects on the idea that as our country's problems grow, our politicians seem to shrink. Arguing that American presidents of the last 40 years have largely failed to meet the needs, expectations, and responsibilities placed upon them, the book discusses how presidents might better maximize their opportunities for leadership and suggests a distinctive theory of presidential politics: presidents, facing a system of multiple veto points, seek to maximize power and influence.The third edition of Genovese's stimulating book is thoroughly updated to reflect presidential development in recent years, and a new introduction brings his arguments current. As he demonstrates, the emergence of democracy as a new social and political paradigm undermined traditional authority and legitimacy. Subjects no longer automatically follow; now citizens must be persuaded. They may give to a leader their authority and power, or not. As Genovese notes, in a world of mass consumerism, those wishing to lead have precious little to offer by way of inducement.Genovese's goal is to examine the reasons why the performance of recent presidents has been underwhelming, discuss how they might maximize their opportunities for leadership, and ask a key question: Can presidents be both powerful and accountable? The book follows a clear format and tries to show why America's officeholders have so rarely been leaders and how presidents can become leaders instead of mere officeholders.

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202

Publisher

Routledge

Published Date

ISBN 10

1351476491

ISBN 13

9781351476492

Liberty's Blueprint

How Madison and Hamilton Wrote the Federalist Papers, Defined the Constitution, and Made Democracy S

By: Michael Meyerson

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Liberty's Blueprint

How Madison and Hamilton Wrote the Federalist Papers, Defined the Constitution, and Made Democracy S

By: Michael Meyerson

Aside from the Constitution itself, there is no more important document in American politics and law than The Federalist-the series of essays written by Alexander Hamilton and James Madison to explain the proposed Constitution to the American people and persuade them to ratify it. Today, amid angry debate over what the Constitution means and what the framers' "original intent" was, The Federalist is more important than ever, offering the best insight into how the framers thought about the most troubling issues of American government and how the various clauses of the Constitution were meant to be understood. Michael Meyerson's Liberty's Blueprint provides a fascinating window into the fleeting, and ultimately doomed, friendship between Hamilton and Madison, as well as a much-needed introduction to understanding how the lessons of The Federalist are relevant for resolving contemporary constitutional issues from medical marijuana to the war on terrorism. This book shows that, when properly read, The Federalist is not a "conservative" manifesto but a document that rightfully belongs to all Americans across the political spectrum.

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340

Publisher

Basic Books

Published Date

ISBN 10

0786747889

ISBN 13

9780786747887

Social Justice Isn't What You Think It Is

By: Michael Novak,Paul Adams

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Social Justice Isn't What You Think It Is

By: Michael Novak,Paul Adams

What is social justice? For Friedrich Hayek, it was a mirage—a meaningless, ideological, incoherent, vacuous cliché. He believed the term should be avoided, abandoned, and allowed to die a natural death. For its proponents, social justice is a catchall term that can be used to justify any progressive-sounding government program. It endures because it venerates its champions and brands its opponents as supporters of social injustice, and thus as enemies of humankind. As an ideological marker, social justice always works best when it is not too sharply defined. In Social Justice Isn’t What You Think It Is, Michael Novak and Paul Adams seek to clarify the true meaning of social justice and to rescue it from its ideological captors. In examining figures ranging from Antonio Rosmini, Abraham Lincoln, and Hayek, to Popes Leo XIII, John Paul II, and Francis, the authors reveal that social justice is not a synonym for “progressive” government as we have come to believe. Rather, it is a virtue rooted in Catholic social teaching and developed as an alternative to the unchecked power of the state. Almost all social workers see themselves as progressives, not conservatives. Yet many of their “best practices” aim to empower families and local communities. They stress not individual or state, but the vast social space between them. Left and right surprisingly meet. In this surprising reintroduction of its original intention, social justice represents an immensely powerful virtue for nurturing personal responsibility and building the human communities that can counter the widespread surrender to an ever-growing state.

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338

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Encounter Books

Published Date

ISBN 10

1594038279

ISBN 13

9781594038273

The Watergate Crisis

A Reference Guide

By: Michael A. Genovese

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The Watergate Crisis

A Reference Guide

By: Michael A. Genovese

This reference provides background information about the Watergate crisis and discusses its significance to U.S. politics today. Relatively insignificant at first glance, the Watergate crisis led to the downfall of a president and emerged as the most important constitutional crisis since the Civil War. Journalists and the media were instrumental in shedding light on Watergate and exposing political corruption at the highest levels of government. Watergate became part of American popular culture and synonymous with presidential corruption. This book surveys the background of the Watergate crisis and links it to contemporary American politics. The first part of the book provides a narrative overview and examination of the Watergate crisis, with a consideration of what happened and why, and the relevance of Watergate to today's political issues. The book considers such topics as political corruption and impeachment, the role of the media, and the abuse of presidential power. The book also offers biographical sketches of key players in the Watergate crisis, a chronology, glossary, primary source document excerpts, and an annotated bibliography.

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231

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Bloomsbury Publishing USA

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ISBN 13

9798216163725

The Federalist Society

How Conservatives Took the Law Back from Liberals

By: Michael Avery,Danielle McLaughlin

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The Federalist Society

How Conservatives Took the Law Back from Liberals

By: Michael Avery,Danielle McLaughlin

Over the last thirty years, the Federalist Society for Law and Public Policy Studies has grown from a small group of disaffected conservative law students into an organization with extraordinary influence over American law and politics. Although the organization is unknown to the average citizen, this group of intellectuals has managed to monopolize the selection of federal judges, take over the Department of Justice, and control legal policy in the White House. Today the Society claims that 45,000 conservative lawyers and law students are involved in its activities. Four Supreme Court Justices--Antonin Scalia, Clarence Thomas, John Roberts, and Samuel Alito--are current or former members. Every single federal judge appointed in the two Bush presidencies was either a Society member or approved by members. During the Bush years, young Federalist Society lawyers dominated the legal staffs of the Justice Department and other important government agencies. The Society has lawyer chapters in every major city in the United States and student chapters in every accredited law school. Its membership includes economic conservatives, social conservatives, Christian conservatives, and libertarians, who differ with each other on significant issues, but who cooperate in advancing a broad conservative agenda. How did this happen? How did this group of conservatives succeed in moving their theories into the mainstream of legal thought? What is the range of positions of those associated with the Federalist Society in areas of legal and political controversy? The authors survey these stances in separate chapters on • regulation of business and private property • race and gender discrimination and affirmative action • personal sexual autonomy, including abortion and gay rights • American exceptionalism and international law

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503

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Vanderbilt University Press

Published Date

ISBN 10

082650339X

ISBN 13

9780826503398

The President Who Would Not Be King

Executive Power Under the Constitution

By: Michael W. McConnell

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The President Who Would Not Be King

Executive Power Under the Constitution

By: Michael W. McConnell

Vital perspectives for the divided Trump era on what the Constitution's framers intended when they defined the extent—and limits—of presidential power One of the most vexing questions for the framers of the Constitution was how to create a vigorous and independent executive without making him king. In today's divided public square, presidential power has never been more contested. The President Who Would Not Be King cuts through the partisan rancor to reveal what the Constitution really tells us about the powers of the president. Michael McConnell provides a comprehensive account of the drafting of presidential powers. Because the framers met behind closed doors and left no records of their deliberations, close attention must be given to their successive drafts. McConnell shows how the framers worked from a mental list of the powers of the British monarch, and consciously decided which powers to strip from the presidency to avoid tyranny. He examines each of these powers in turn, explaining how they were understood at the time of the founding, and goes on to provide a framework for evaluating separation of powers claims, distinguishing between powers that are subject to congressional control and those in which the president has full discretion. Based on the Tanner Lectures at Princeton University, The President Who Would Not Be King restores the original vision of the framers, showing how the Constitution restrains the excesses of an imperial presidency while empowering the executive to govern effectively.

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440

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Princeton University Press

Published Date

ISBN 10

0691234191

ISBN 13

9780691234199

Political Numeracy

Mathematical Perspectives on Our Chaotic Constitution

By: Michael Meyerson

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Political Numeracy

Mathematical Perspectives on Our Chaotic Constitution

By: Michael Meyerson

An engaging and unusual perspective on the no-man's land between mathematics and the law."--John Allen Paulos

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292

Publisher

W. W. Norton & Company

Published Date

ISBN 10

0393323722

ISBN 13

9780393323726

The Theory and Practice of International Criminal Law

Essays in Honor of M. Cherif Bassiouni

By: Michael Scharf

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The Theory and Practice of International Criminal Law

Essays in Honor of M. Cherif Bassiouni

By: Michael Scharf

Cherif Bassiouni is often referred to as "the father of international criminal law." Every major international criminal law instrument developed in the last forty years, from the Torture Convention to the Statute of the International Criminal Court, bears his hallmark. His writings, diplomatic initiatives, fieldwork, and even litigation have made an unparalleled contribution to the emergence of international criminal law as a distinct discipline within the field of international law. This book contains a collection of fifteen scholarly essays, written by leading experts from around the world, about the theory and practice of modern international criminal law, with a focus on Cherif Bassiouni's unique legacy within this important area. Among the contributing authors are Louise Arbour, UN High Commissioner for Human Rights; Mahnoush Arsanjani, Chief of the UN Office of Legal Affairs Codification Division; Diane Orentlicher, UN Independent Expert on Combating Impunity; Michael Reisman, former President of the Inter-American Commission for Human Rights; Yves Sandoz, Director for International Law of the International Committee of the Red Cross; William Schabas, Member of the Sierra Leone Truth Commission; Brigitte Stern, Advocate for the Bosnians in the World Court's Genocide case; and Prince Hassan bin Talal, first President of the Assembly of States Parties of the International Criminal Court.

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476

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BRILL

Published Date

ISBN 10

9047431707

ISBN 13

9789047431701

The Oxford Introductions to U.S. Law

Constitutional Law

By: Michael C. Dorf,Trevor W. Morrison

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The Oxford Introductions to U.S. Law

Constitutional Law

By: Michael C. Dorf,Trevor W. Morrison

The Oxford Introductions to U.S. Law: Constitutional Law presents an accessible introduction to the enduring topics of American constitutional law, including judicial review, methods of interpretation, federalism, separation of powers, equal protection, and individual liberties. One of the most important functions performed by the American Constitution and the more than two centuries' worth of cases interpreting it is the allocation of decision-making. Professor Dorf and Professor Morrison frame many of these constitutional debates with this question of authority. When should courts rule that the Constitution takes some issue outside of the domain of ordinary politics? Should courts referee disputes between the branches of the federal government? Should they referee disputes between the states and the national government? Using what standards? This introduction to American constitutional law critically examines the work of the Supreme Court of the United States, which has resolved thousands of constitutional controversies based on the shortest national constitution on the planet. The authors also look beyond the Supreme Court, exploring the arguments for and against judicial review and various versions of popular constitutionalism.

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268

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Oxford University Press

Published Date

ISBN 10

0199315035

ISBN 13

9780199315031

The Power of Precedent

By: Michael J. Gerhardt

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The Power of Precedent

By: Michael J. Gerhardt

The role that precedent plays in constitutional decision making is a perennially divisive subject among scholars of law and American politics. The debate rages over both empirical and normative aspects of the issue: To what extent are the Supreme Court, Congress, and the executive branch constrained by precedent? To what extent should they be? Taking up a topic long overdue for comprehensive treatment, Michael Gerhardt connects the vast social science data and legal scholarship to provide the most wide-ranging assessment of precedent in several decades. Updated to reflect recent legal cases, The Power of Precedent clearly outlines the major issues in the continuing debates on the significance of precedent and evenly considers all sides. For the Supreme Court, precedents take many forms, including not only the Court's past opinions, but also norms, historical practices, and traditions that the justices have deliberately chosen to follow. In these forms, precedent exerts more force than is commonly acknowledged. This force is encapsulated in the implementation and recognition of what Gerhardt calls the "golden rule of precedent," a major dynamic in constitutional law. The rule calls upon justices and other public authorities to recognize that since they expect others to respect their own precedents, they must provide the same respect to others' precedents. Gerhardt's extensive exploration of precedent leads him to formulate a more expansive definition of it, one that encompasses not only the prior constitutional decisions of courts but also the constitutional judgments of other public authorities. Gerhardt concludes his study by looking at what the future holds for the concept, as he examines the decisions and attitudes toward precedent exhibited by the shift from the Rehnquist to the Roberts Court. Authoritative and incisive, Gerhardt presents an in-depth look at this central yet understudied phenomenon at the core of all constitutional conflicts and one of undeniable importance to American law and politics. Ultimately, The Power of Precedent vividly illustrates how constitutional law is made and evolves both in and outside of the courts.

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353

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Oxford University Press

Published Date

ISBN 10

0199882177

ISBN 13

9780199882175

A Presidential Nation

Causes, Consequences, and Cures

By: Michael Genovese

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A Presidential Nation

Causes, Consequences, and Cures

By: Michael Genovese

An engaging investigation of how the presidency has changed from its original role, as laid out in the U.S. Constitution, to become closer in power to an imperial monarch

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