In order to make a comparative assessment of the EU on democracies, the book features detailed case studies according to their different status vis-à-vis the EU, including older new member states: Poland and Hungary; newer new member states: Romania and Bulgaria; potential candidates: Albania and Serbia; and neighbour and remote neighbour states: Ukraine and Armenia. Each chapter addresses a range of dimensions and most relevant domains of inter-institutional accountability, that is: executive-legislative relationships; constitutional justice; decentralisation and regionalism; and the role of ombudsman or other relevant authorities.
Seeking to assess how important the role of the EU has been in influencing the modes and characteristic of democracies and fundamental rights established in these regions, this book will be of interest to students and scholars of comparative politics, EU politics, Post-communist studies and democratization studies.
Have you ever wondered what was really meant by one or more of the ten amendments?
Have you ever been unsure as to how these rights apply to modern society?
Have you even questioned if the Bill of Rights should still be held as inviolable law, nearly 250 years after its writing?
Here's the truth: the Bill of Rights is not easy to understand if you just pick it up and give it a read. The eloquent style in which it's written can be confusing. The language can cause misunderstandings. There's a lot of legal terminology that's beyond most of us. Without an understanding of the historical background of certain amendments, it's impossible to fully understand their importance and scope. And to top it all off, there are countless politicians and pundits that try to interpret our rights for us and tell us what the Founders meant.
But are you comfortable letting crooked politicians decide what your rights are? Or would you rather know and be able to insist on, with certainty, the freedoms our Founders intended for you, your family, your friends, and your fellow Americans? If you're like millions of other Americans, you'll choose the latter.
Thomas Jefferson said, "Educate and inform the whole mass of the people...They are the only sure reliance for the preservation of our liberty." He also said, "If a nation expects to be ignorant and free... it expects what never was and never will be."
That's why this book was created, and it would make the Founders proud if they were here today. This book helps you easily reach a deep understanding of the Bill of Rights by walking you through each amendment, clarifying the precise definitions of key words; providing the historical context you need to fully grasp and spirit and importance of the amendments; sharing powerfully insightful quotes on each amendment, straight from the Founders and their peers; supplying you with an extensive glossary of terms so you never get lost in a dictionary or encyclopedia trying to understand what you're reading; and more.
The Founders fought tirelessly to guarantee you specific rights to life, liberty, and the pursuit of happiness. Don't let two-faced politicians and pundits tell you what your rights are.
Scroll up and click the "Buy" button now to learn your rights, and together, we can keep the spirit of freedom alive in this great nation.
The Declaration of Independence was the promise of a representative government; the Constitution was the fulfillment of that promise.
On July 4, 1776, the Second Continental Congress issued a unanimous declaration: the thirteen North American colonies would be the thirteen United States of America, free and independent of Great Britain. Drafted by Thomas Jefferson, the Declaration set forth the terms of a new form of government with the following words: "We hold these Truths to be self-evident, that all men are created equal, that they are endowed with certain unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness."
Framed in 1787 and in effect since March 1789, the Constitution of the United States of America fulfilled the promise of the Declaration by establishing a republican form of government with separate executive, legislative, and judicial branches. The first ten amendments, known as the Bill of Rights, became part of the Constitution on December 15, 1791. Among the rights guaranteed by these amendments are freedom of speech, freedom of the press, freedom of religion, and the right to trial by jury. Written so that it could be adapted to endure for years to come, the Constitution has been amended only seventeen times since 1791 and has lasted longer than any other written form of government.
From the Paperback edition.
by Alexander Hamilton, James Madison, and John Jay
Originally published anonymously, The Federalist Papers first appeared in 1787 as a series of letters to New York newspapers exhorting voters to ratify the proposed Constitution of the United States. Still hotly debated, and open to often controversial interpretations, the arguments first presented here by three of America’s greatest patriots and political theorists were created during a critical moment in our nation’s history, providing readers with a running ideological commentary on the crucial issues facing a democracy.
Today The Federalist Papers are as important and vital a rallying cry for freedom as ever. This edition features the original eighteenth-century text, with James Madison’s fascinating marginal notations, as well as a complete text of the Constitution.
The Founders created a new cultural climate that gave wings to the human spirit. They built a free-enterprise culture to encourage industry and prosperity. They gave humanity the needed ingredients for a gigantic 5,000-year leap in which more progress has been made in the past 200 years than all of prior recorded human history. All of this came about because of 28 basic principles the Founders discovered, upon which all free nations must be built in order to succeed.
This eBook includes the original index, footnotes, table of contents and page numbering from the printed format, and also new illustrations.
From the Trade Paperback edition.
From the moment John Roberts, the chief justice of the United States, blundered through the Oath of Office at Barack Obama's inauguration, the relationship between the Supreme Court and the White House has been confrontational. Both men are young, brilliant, charismatic, charming, determined to change the course of the nation—and completely at odds on almost every major constitutional issue. One is radical; one essentially conservative. The surprise is that Obama is the conservative—a believer in incremental change, compromise, and pragmatism over ideology. Roberts—and his allies on the Court—seek to overturn decades of precedent: in short, to undo the ultimate victory FDR achieved in the New Deal.
This ideological war will crescendo during the 2011-2012 term, in which several landmark cases are on the Court's docket—most crucially, a challenge to Obama's controversial health-care legislation. With four new justices joining the Court in just five years, including Obama's appointees Sonia Sotomayor and Elena Kagan, this is a dramatically—and historically—different Supreme Court, playing for the highest of stakes.
No one is better positioned to chronicle this dramatic tale than Jeffrey Toobin, whose prize-winning bestseller The Nine laid bare the inner workings and conflicts of the Court in meticulous and entertaining detail. As the nation prepares to vote for President in 2012, the future of the Supreme Court will also be on the ballot.
In this book, we learn how the Founding Fathers discovered this success formula. Much of this discovery is told in the words of the Founders themselves, so that the reader can feel the power of their minds sweeping away thousands of years of bad government and illogical laws to formulate a whole new society based on human freedom.
By returning to the roots of the Founders’ thinking, and contemplating the logic that they used in establishing the Constitution, we can better understand the challenges and solutions that confront us in today’s political world.
This eBook includes the original index, illustrations, footnotes, table of contents and page numbering from the printed format.
We shrug off this fact as an unfortunate reality. America is the land of the free, after all. Does it really matter whether our politicians bend the truth here and there?
When the truth is traded for lies, our freedoms are diminished and don’t return.
In Lies the Government Told You, Judge Andrew P. Napolitano reveals how America’s freedom, as guaranteed by the U.S. Constitution, has been forfeited by a government more protective of its own power than its obligations to preserve our individual liberties.
“Judge Napolitano’s tremendous knowledge of American law, history, and politics, as well as his passion for freedom, shines through in Lies the Government Told You, as he details how throughout American history, politicians and government officials have betrayed the ideals of personal liberty and limited government."
—Congressman Ron Paul, M.D. (R-TX), from the Foreword
An authoritative analysis of the Constitution of the United States and an enduring classic of political philosophy.
Written by Alexander Hamilton, James Madison, and John Jay, The Federalist Papers explain the complexities of a constitutional government—its political structure and principles based on the inherent rights of man. Scholars have long regarded this work as a milestone in political science and a classic of American political theory.
Based on the original McLean edition of 1788 and edited by noted historian Clinton Rossiter, this special edition includes:
● Textual notes and a select bibliography by Charles R. Kesler
● Table of contents with a brief précis of each essay
● Appendix with a copy of the Constitution cross-referenced to The Federalist Papers
● Index of Ideas that lists the major political concepts discussed
● Copies of The Declaration of Independence and Articles of Confederation
More than almost any other nation in the world, the United States began as an idea. For this reason, Pulitzer Prize-winning historian Gordon S. Wood believes that the American Revolution is the most important event in our history, bar none. Since American identity is so fluid and not based on any universally shared heritage, we have had to continually return to our nation's founding to understand who we are. In The Idea of America, Wood reflects on the birth of American nationhood and explains why the revolution remains so essential.
In a series of elegant and illuminating essays, Wood explores the ideological origins of the revolution-from ancient Rome to the European Enlightenment-and the founders' attempts to forge an American democracy. As Wood reveals, while the founders hoped to create a virtuous republic of yeoman farmers and uninterested leaders, they instead gave birth to a sprawling, licentious, and materialistic popular democracy.
Wood also traces the origins of American exceptionalism to this period, revealing how the revolutionary generation, despite living in a distant, sparsely populated country, believed itself to be the most enlightened people on earth. The revolution gave Americans their messianic sense of purpose-and perhaps our continued propensity to promote democracy around the world-because the founders believed their colonial rebellion had universal significance for oppressed peoples everywhere. Yet what may seem like audacity in retrospect reflected the fact that in the eighteenth century republicanism was a truly radical ideology-as radical as Marxism would be in the nineteenth-and one that indeed inspired revolutionaries the world over.
Today there exists what Wood calls a terrifying gap between us and the founders, such that it requires almost an act of imagination to fully recapture their era. Because we now take our democracy for granted, it is nearly impossible for us to appreciate how deeply the founders feared their grand experiment in liberty could evolve into monarchy or dissolve into licentiousness. Gracefully written and filled with insight, The Idea of America helps us to recapture the fears and hopes of the revolutionary generation and its attempts to translate those ideals into a working democracy.
Lin-Manuel Miranda’s smash Broadway musical Hamilton has sparked new interest in the Revolutionary War and the Founding Fathers. In addition to Alexander Hamilton, the production also features George Washington, Thomas Jefferson, James Madison, Aaron Burr, Lafayette, and many more.
From the Hardcover edition.
In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. Although not subscribing to the "strict constructionism" that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly "smuggle" in new rights or deny old rights by using the Due Process Clause, for instance. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals.
This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia's ideas about judicial interpretation from varying standpoints. In the spirit of debate, Justice Scalia responds to these critics.
Revisiting all the original documents and using her deep knowledge of eighteenth-century history and politics, Carol Berkin takes a fresh look at the men who framed the Constitution, the issues they faced, and the times they lived in. Berkin transports the reader into the hearts and minds of the founders, exposing their fears and their limited expectations
From the Trade Paperback edition.
We all know this much: the Constitution is neither immutable nor perfect. Amar shows us how the story of this one relatively compact document reflects the story of America more generally. (For example, much of the Constitution, including the glorious-sounding “We the People,” was lifted from existing American legal texts, including early state constitutions.) In short, the Constitution was as much a product of its environment as it was a product of its individual creators’ inspired genius.
Despite the Constitution’s flaws, its role in guiding our republic has been nothing short of amazing. Skillfully placing the document in the context of late-eighteenth-century American politics, America’s Constitution explains, for instance, whether there is anything in the Constitution that is unamendable; the reason America adopted an electoral college; why a president must be at least thirty-five years old; and why–for now, at least–only those citizens who were born under the American flag can become president.
From his unique perspective, Amar also gives us unconventional wisdom about the Constitution and its significance throughout the nation’s history. For one thing, we see that the Constitution has been far more democratic than is conventionally understood. Even though the document was drafted by white landholders, a remarkably large number of citizens (by the standards of 1787) were allowed to vote up or down on it, and the document’s later amendments eventually extended the vote to virtually all Americans.
We also learn that the Founders’ Constitution was far more slavocratic than many would acknowledge: the “three fifths” clause gave the South extra political clout for every slave it owned or acquired. As a result, slaveholding Virginians held the presidency all but four of the Republic’s first thirty-six years, and proslavery forces eventually came to dominate much of the federal government prior to Lincoln’s election.
Ambitious, even-handed, eminently accessible, and often surprising, America’s Constitution is an indispensable work, bound to become a standard reference for any student of history and all citizens of the United States.
America’s Unwritten Constitution presents a bold new vision of the American constitutional system, one in which proper interpretation of the Constitution rests on the interplay between its written and unwritten manifestations, but in which interpretation does not, and cannot, depend wholly on one form or the other. Neither America’s written Constitution nor its unwritten Constitution stands alone, Amar shows, and with each eye-opening example he develops a deeper, more compelling way of thinking about constitutional law than has ever been put forth before—a methodology that looks past the basic text to reveal the diverse influences, supplements, and possibilities that comprise it.
In The Tempting of America, one of our most distinguished legal minds offers a brilliant argument for the wisdom and necessity of interpreting the Constitution according to the “original understanding” of the Framers and the people for whom it was written.
Widely hailed as the most important critique of the nation’s intellectual climate since The Closing of the American Mind, The Tempting of America illuminates the history of the Supreme Court and the underlying meaning of constitutional controversy. Essential to understanding the relationship between values and the law, it concludes with a personal account of Judge Bork’s chillingly emblematic experiences during the Senate Judiciary Committee’s hearing on his Supreme Court nomination.
Constitution 3.0 explores some of the most urgent constitutional questions of the near future. Will privacy become obsolete, for example, in a world where ubiquitous surveillance is becoming the norm? Imagine that Facebook and Google post live feeds from public and private surveillance cameras, allowing 24/7 tracking of any citizen in the world. How can we protect free speech now that Facebook and Google have more power than any king, president, or Supreme Court justice to decide who can speak and who can be heard? How will advanced brain-scan technology affect the constitutional right against self-incrimination? And on a more elemental level, should people have the right to manipulate their genes and design their own babies? Should we be allowed to patent new forms of life that seem virtually human? The constitutional challenges posed by technological progress are wide-ranging, with potential impacts on nearly every aspect of life in America and around the world.
The authors include Jamie Boyle, Duke Law School; Eric Cohen and Robert George, Princeton University; Jack Goldsmith, Harvard Law School; Orin Kerr, George Washington University Law School; Lawrence Lessig, Harvard Law School; Stephen Morse, University of Pennsylvania Law School; John Robertson, University of Texas Law School; Christopher Slobogin, Vanderbilt Law School; O. Carter Snead, Notre Dame Law School; Jeffrey Rosen, George Washington University Law School; Benjamin Wittes, Brookings Institution; Tim Wu, Columbia Law School; and Jonathan Zittrain, Harvard Law School.
Since 2005, A Patriot's History of the United States has become a modern classic for its defense of America as a unique country founded on principles of justice, equality, and freedom for all.
The Patriot's History Reader continues this tradition by going back to the original sources-the documents, speeches, and legal decisions that shaped our country into what it is today.
The authors explore both oft-cited documents-the Declaration of Independence, Emancipation Proclamation, and Roe v. Wade--as well as those that are less famous. Among these are George Washington's letter to Alexander Hamilton, which essentially outline America's military strategy for the next 150 years, and Herbert Hoover's speech on business ethics, which examines the government's role in regulating private enterprise.
By helping readers explore history at its source, this book sheds new light on the principles and personalities that have made America great.
Known across the country for his appearance on The Daily Show with Jon Stewart, Professor Richard Beeman is one of the nation's foremost experts on the United States Constitution. In this book, he has produced what every American should have: a compact, fully annotated copy of the Declaration of Independence, the Constitution and amendments, all in their entirety. A marvel of accessibility and erudition, the guide also features a history of the making of the Constitution with excerpts from The Federalist Papers and a look at crucial Supreme Court cases that reminds us that the meaning of many of the specific provisions of the Constitution has changed over time.
"Excellent . . . valuable and judicious." -Jill Lepore, The New Yorker
As in prior editions, McCloskey’s original text remains unchanged. In his historical interpretation, he argues that the strength of the Court has always been its sensitivity to the changing political scene, as well as its reluctance to stray too far from the main currents of public sentiments. In two revised chapters, Levinson shows how McCloskey’s approach continues to illuminate developments since 2005, including the Court’s decisions in cases arising out of the War on Terror, which range from issues of civil liberty to tests of executive power. He also discusses the Court’s skepticism regarding campaign finance regulation; its affirmation of the right to bear arms; and the increasingly important nomination and confirmation process of Supreme Court justices, including that of the first Hispanic justice, Sonia Sotomayor.
The best and most concise account of the Supreme Court and its place in American politics, McCloskey's wonderfully readable book is an essential guide to the past, present, and future prospects of this institution.
From the Trade Paperback edition.
"A devastating indictment of our current system of justice." — Milton Friedman
In this provocative book, Paul Craig Roberts and Lawrence M. Stratton show how the law, which once shielded us from the government, has now become a powerful weapon in the hands of overzealous prosecutors and bureaucrats. Lost is the foundation upon which our freedom rest—the intricate framework of Constitutional limits that protect our property, our liberty, and our lives. Roberts and Stratton convincingly argue that this abuse of government power doesn't have ideological boundaries. Indeed, conservatives and liberals alike use prosecutors, regulators, and courts to chase after their own favorite "devils," to seek punishment over justice and expediency over freedom. The authors present harrowing accounts of people both rich and poor, of CEOs and blue-collar workers who have fallen victim to the tyranny of good intentions, who have lost possessions, careers, loved ones, and sometimes even their lives.
This book is a sobering wake-up call to reclaim that which is rightly ours—liberty protected by the rule of law.
From the Hardcover edition.
This is the book you want to keep with you at all times: the full text of the Declaration of Independence and the Constitution, the two documents that are the backbone of United States government. Reading them as they were written is a must for every American. Regular reading is required for any historian or member of the legal profession, and a good idea for all Americans.
Acclaimed Constitutional scholar Paul Skousen, author of How to Read the Constitution, frames this simple text with a brief preface and a summary of important facts about these two documents, including important dates, for the ultimate quick reference. Throughout the text of the Constitution, he provides a clear guide to parts that became invalid due to later amendments, making the current meaning clear. Without intruding on the meaning, Skousen gives you a great tool for understanding our most basic principles of good government. An inspiring introduction by New York Times best-selling author Dan Clark will put you in the right frame of mind to read and appreciate these great documents.
This handy guide can become your best friend, and you'll want to keep a copy nearby. Fortunately, this little book will easily fit into your pocket or briefcase, top desk drawer, or iPad case. You'll may find you want to have extra copies around to hand out, too. Here is your chance to become an expert on two of the most important documents that shaped our country!
In this fully revised second edition, leading scholars in law, history, and public policy offer more than two hundred updated and incisive essays on every clause of the Constitution.
From the stirring words of the Preamble to the Twenty-seventh Amendment, you will gain new insights into the ideas that made America, important debates that continue from our Founding, and the Constitution's true meaning for our nation.
In this expanded edition of Kindly Inquisitors, a new foreword by George F. Will strikingly shows the book’s continued relevance, while a substantial new afterword by Rauch elaborates upon his original argument and brings it fully up to date. Two decades after the book’s initial publication, while some progress has been made, the regulation of hate speech has grown domestically—especially in American universities—and has spread even more internationally, where there is no First Amendment to serve as a meaningful check. But the answer to bias and prejudice, Rauch argues, is pluralism—not purism. Rather than attempting to legislate bias and prejudice out of existence or to drive them underground, we must pit them against one another to foster a more vigorous and fruitful discussion. It is this process that has been responsible for the growing acceptance of the moral acceptability of homosexuality over the last twenty years. And it is this process, Rauch argues, that will enable us as a society to replace hate with knowledge, both ethical and empirical.
“It is a melancholy fact that this elegant book, which is slender and sharp as a stiletto, is needed, now even more than two decades ago. Armed with it, readers can slice through the pernicious ideas that are producing the still-thickening thicket of rules, codes, and regulations restricting freedom of thought and expression.”—George F. Will, from the foreword
Two new chapters have been added on Searches by Dogs (featuring United States v. Place, Illinois v. Caballes, Florida v. Harris, and Florida v. Jardines) and Computer/Cell Phone Searches (featuring Riley v. California).
Additional new cases include:
• In Chapter 4, covering Arrests and Other Seizures of Persons: Bailey v. United States
• In Chapter 5, covering Seizures of Things: Missouri v. McNeely and Maryland v. King
• In Chapter 6, covering Searches in General: Kentucky v. King
• In Chapter 8, covering Searches With Consent: Fernandez v. California
• In Chapter 9, covering Vehicle Stops and Searches: Navarette v. California
• In Chapter 12, covering Electronic Surveillance: United States v. Jones
• In Chapter 16, covering, Use of Force: Plumhoff v. Rickard
• In Chapter 17, covering Confessions and Admissions: Cases Affirming Miranda: J.D.B v. North Carolina
• In Chapter 18, covering Confessions and Admissions: Cases Weakening Miranda: Salinas v. Texas
• In Chapter 23, covering Legal Liabilities: Messerschmidt v. Millender
In a new afterword, Levinson looks at the deepening of constitutional worship and attributes the current widespread frustrations with the government to the static nature of the Constitution.
How can a leader be strong and decisive, yet still inspire loyalty in his followers? How do you keep your enemies in check? Is it better to be feared than loved? When is it necessary to break the rules? This shrewd handbook on how power really works answers all these questions by examining regimes and their rulers around the world and throughout history, from Roman emperors to renaissance Popes, from the savagely cruel Hannibal to the utterly devious Cesare di Borgia.
Tim Parks's gripping contemporary translation delivers Machiavelli's no-nonsense original straight, making it as alarming and enlightening as when it was first written.
The Constitution which went into effect in 1787 then embodied a small, rural Republic of but 13 States located along the eastern seaboard of present day United States. The population of the Union was only 4 million. However it carried slight weight in international affairs. During the following span of time, the Union has grown into an urbanized, industrial country of 50 States extending as far westward as Alaska and Hawaii. The population now exceeds 215 million, and the Nation ranks as a leading global super power.
Along side the growth and power of the United has been a remarkable increase in the scope and influence of the Presidency over the years especially in the 20th and 21st centuries.
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.
This essential book arrives at a make-or-break moment for the nation and the court. 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 recent 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.