Democracy Reconsidered provides an enlightening study of democracy in America's post-modern context. Elizabeth Kaufer Busch and Peter Augustine Lawler explore some of the foundational principles of democracy as they have been borne out in American society. The essays included in this volume examine the lessons that novelists, philosophers, and political theorists have for democratic societies as they progress towards postmodern skepticism or even disbelief in the absolute principl...

Under the Constitution of the United States, those with political ambitions who aspire to serve in the federal government must be at least twenty-five to qualify for membership in the House of Representatives, thirty to run for the Senate, and thirty-five to become president. What is the justification for these age thresholds, and is it time to consider changing them? In this provocative and lively book, John Seery presents the case for a constitutional amendment to lower the age barrier t...

George Kateb’s writings have been innovatory in exploring the fundamental quandary of how modern democracy—sovereignty vested in the many—might nevertheless protect, respect, promote, even celebrate the singular, albeit ordinary individual. His essays, often leading to unexpected results, have focused on many inter-related topics: rights, representation, constitutionalism, war, evil, extinction, punishment, privacy, patriotism, and more.This book focuses in particular on his though...

In this profound and incisive work, Angelo M. Codevilla introduces readers to the Ruling Class, the group of bipartisan political elites who run America. This Ruling Class, educated at prestigious universities and convinced of its own superiority, has everything to gain by raising taxes and expanding the reach of government. This class maintains that it knows what is best and continually increases its power over every facet of American life, from family and marriage to the environment, gun...

A distinguished and experienced appellate court judge, Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases.

A brilliant new approach to the Constitution and courts of the United States by Supreme Court Justice Stephen Breyer.For Justice Breyer, the Constitution’s primary role is to preserve and encourage what he calls “active liberty”: citizen participation in shaping government and its laws. As this book argues, promoting active liberty requires judicial modesty and deference to Congress; it also means recognizing the changing needs and demands of the populace. Indeed, the Constitution’s lastin...

Unlike many other countries, the United States has few constitutional guarantees of social welfare rights such as income, housing, or healthcare. In part this is because many Americans believe that the courts cannot possibly enforce such guarantees. However, recent innovations in constitutional design in other countries suggest that such rights can be judicially enforced--not by increasing the power of the courts but by decreasing it. In Weak Courts, Strong Rights, Mark Tushnet us...

The future of the U.S. Supreme Court hangs in the balance like never before. Will conservatives or liberals succeed in remaking the court in their own image? In A Constitution of Many Minds, acclaimed law scholar Cass Sunstein proposes a bold new way of interpreting the Constitution, one that respects the Constitution's text and history but also refuses to view the document as frozen in time.Exploring hot-button issues ranging from presidential power to same-sex relations ...

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...

The sixth edition of the classic and concise account of the US Supreme Court, its history, and its place in American politics.For more than fifty years, Robert G. McCloskey's classic work on the Supreme Court's role in constructing the US Constitution has introduced generations of students to the workings of our nation's highest court.As in prior editions, McCloskey's original text remains unchanged. In his historical interpretation, he argues that the streng...

The Conscience of the Constitution: The Declaration of Independence and the Right to Liberty documents a forgotten truth: the word “democracy” is nowhere to be found in either the Constitution or the Declaration. But it is the overemphasis of democracy by the legal community–rather than the primacy of liberty, as expressed in the Declaration of Independence–that has led to the growth of government power at the expense of individual rights. Now, more than ever, Sandefur explains, t...

Baker argues that coordinate interpretation - a model which requires both elected and appointed officials to interpret the Charter - allows for the creation of a more robust democracy, alleviating some of the tension between constitutionalism and democracy while limiting judicial activism. Drawing on literature from Montesquieu to recent court decisions, Not Quite Supreme gives an extensive critique of both Canadian and American judicial models and explores the tensions between the separat...