Items related to On Constitutional Disobedience (Inalienable Rights)
Synopsis
Devotion to the written U.S. Constitution is a centuries-old American tradition. Both the left and the right avow their faith in the document, even and especially when contesting the constitutional claims of their opponents. For instance, when Tea Party supporters champion the second and tenth amendments, they're championing particular interpretations of them that their opponents read very differently. Regardless, both sides in constitutional debates virtually always look to the Constitution itself as the decisive arbiter. But should we really be looking to a 225-year old document as the final authority on contentious political and social issues? What if we decide that is acceptable to disobey much of what the Constitution says? Will it result in chaos?
In On Constitutional Disobedience, leading constitutional scholar Louis Michael Seidman explains why constitutional disobedience may well produce a better politics and considers the shape that such disobedience might take. First, though, he stresses that is worth remembering the primary goals of the original Constitution's authors, many of which were unseemly both then and now. Should we really feel obligated to defend our electoral college or various other features that arguably lead to unjust results? Yet many of our political debates revolve around constitutional features that no one loves but which everyone feels obligated to defend. After walking through the various defenses put forth by proponents of the US Constitutional system, Seidman shows why none of them hold up. The solution, he claims, is to abandon our loyalty to many of the document's requirements and instead embrace the Constitution as a 'poetic' vision of a just society. Lest we worry that forsaking the Constitution will result in anarchy, we only need to remember Great Britain, which functions very effectively without a written constitution. If we were to do this, we could design sensible institutions that fit our own era and craft solutions that have the support of today's majorities. Seidman worries that if we continue to embrace the anachronistic commands of a centuries-old document, our political and institutional dysfunction will only increase. The answer is not to abandon the Constitution in its entirety, but to treat it as an inspiration while disobeying the many particulars that deserve to go into history's dustbin.
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About the Author
Louis Michael Seidman is Carmack Waterhouse Professor of Constitutional Law at Georgetown University. His books include Our Unsettled Constitution, Equal Protection of the Laws, and Silence and Freedom.
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On Constitutional Disobedience
Published by
Oxford University Press Inc, 2013
ISBN 10: 0199898278
ISBN 13: 9780199898275
Used
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Seller: World of Books (was SecondSale), Montgomery, IL, U.S.A.
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Hardback. Condition: Good. What would the Framers of the Constitution make of multinational corporations? Nuclear weapons? Gay marriage? They led a preindustrial country, much of it dependent on slave labor, huddled on the Atlantic seaboard. The Founders saw society as essentially hierarchical, led naturally by landed gentry like themselves. Yet we still obey their commands, two centuries and one civil war later. According to Louis Michael Seidman, it's time to stop. In On Constitutional Disobedience, Seidman argues that, in order to bring our basic law up to date, it needs benign neglect. This is a highly controversial assertion. The doctrine of "original intent" may be found on the far right, but the entire political spectrum--left and right--shares a deep reverence for the Constitution. And yet, Seidman reminds us, disobedience is the original intent of the Constitution. The Philadelphia convention had gathered to amend the Articles of Confederation, not toss them out and start afresh. The "living Constitution" school tries to bridge the gap between the framers and ourselves by reinterpreting the text in light of modern society's demands. But this attempt is doomed, Seidman argues. One might stretch "due process of law" to protect an act of same-sex sodomy, yet a loyal-but-contemporary reading cannot erase the fact that the Constitution allows a candidate who lost the popular election to be seated as president. And that is only one of the gross violations of popular will enshrined in the document. Seidman systematically addresses and refutes the arguments in favor of Constitutional fealty, proposing instead that it be treated as inspiration, not a set of commands. The Constitution is, at its best, a piece of poetry to liberty and self-government. If we treat it as such, the author argues, we will make better progress in achieving both. Seller Inventory # 00103223560
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On Constitutional Disobedience (Inalienable Rights)
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Oxford University Press, 2013
ISBN 10: 0199898278
ISBN 13: 9780199898275
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On Constitutional Disobedience (Inalienable Rights)
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Oxford University Press, 2013
ISBN 10: 0199898278
ISBN 13: 9780199898275
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On Constitutional Disobedience (Inalienable Rights)
Published by
Oxford University Press, 2013
ISBN 10: 0199898278
ISBN 13: 9780199898275
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On Constitutional Disobedience (Inalienable Rights)
Published by
Oxford University Press, 2013
ISBN 10: 0199898278
ISBN 13: 9780199898275
Used
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On Constitutional Disobedience
Published by
Oxford University Press Inc, 2013
ISBN 10: 0199898278
ISBN 13: 9780199898275
Used
Hardcover
Seller: World of Books Inc, Montgomery, IL, U.S.A.
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Hardback. Condition: Good. What would the Framers of the Constitution make of multinational corporations? Nuclear weapons? Gay marriage? They led a preindustrial country, much of it dependent on slave labor, huddled on the Atlantic seaboard. The Founders saw society as essentially hierarchical, led naturally by landed gentry like themselves. Yet we still obey their commands, two centuries and one civil war later. According to Louis Michael Seidman, it's time to stop. In On Constitutional Disobedience, Seidman argues that, in order to bring our basic law up to date, it needs benign neglect. This is a highly controversial assertion. The doctrine of "original intent" may be found on the far right, but the entire political spectrum--left and right--shares a deep reverence for the Constitution. And yet, Seidman reminds us, disobedience is the original intent of the Constitution. The Philadelphia convention had gathered to amend the Articles of Confederation, not toss them out and start afresh. The "living Constitution" school tries to bridge the gap between the framers and ourselves by reinterpreting the text in light of modern society's demands. But this attempt is doomed, Seidman argues. One might stretch "due process of law" to protect an act of same-sex sodomy, yet a loyal-but-contemporary reading cannot erase the fact that the Constitution allows a candidate who lost the popular election to be seated as president. And that is only one of the gross violations of popular will enshrined in the document. Seidman systematically addresses and refutes the arguments in favor of Constitutional fealty, proposing instead that it be treated as inspiration, not a set of commands. The Constitution is, at its best, a piece of poetry to liberty and self-government. If we treat it as such, the author argues, we will make better progress in achieving both. Seller Inventory # CIN0199898278G
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On Constitutional Disobedience
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ISBN 10: 0199898278
ISBN 13: 9780199898275
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On Constitutional Disobedience
Published by
Oxford University Press, Incorporated, 2013
ISBN 10: 0199898278
ISBN 13: 9780199898275
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First Edition
Seller: Better World Books, Mishawaka, IN, U.S.A.
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On Constitutional Disobedience
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On Constitutional Disobedience
Published by
Oxford University Press, USA, 2013
ISBN 10: 0199898278
ISBN 13: 9780199898275
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