Freedom and the Rule of Law takes a critical look at the historical beginnings of law in the United States, and how that history has influenced current trends regarding law and freedom. Anthony Peacock has compiled articles that examine the relationship between freedom and the rule of law in America. Although this is a theme that has been a perennial one since America's founding, it is also one of particular importance today, and this book explains how history makes this apparent. The rule of law is fundamental ...
Freedom and the Rule of Law takes a critical look at the historical beginnings of law in the United States, and how that history has influenced current trends regarding law and freedom. Anthony Peacock has compiled articles that examine the relationship between freedom and the rule of law in America. Although this is a theme that has been a perennial one since America's founding, it is also one of particular importance today, and this book explains how history makes this apparent. The rule of law is fundamental to all liberal constitutional regimes whose political orders recognize the equal natural rights of all, and whose purpose is to protect those natural rights in addition to the general welfare. The rule of law was essential to achieving both of these ends and to reconciling them where necessary. But just how free is America today? It was certainly within the contemplation of the Founders that the federal judiciary would have a significant role in interpreting the Constitution, federal laws, and treaties, but it would be difficult to argue that those who framed and ratified the Constitution contemplated a role for the courts, particularly for the United States Supreme Court, of the magnitude they have today. The writers take the reader far back into history to the very roots of American Law by examining the English common law roots that provided the foundation for the rule of law in America. This book explores these phenomena and other recent developments in American freedom through history.
In modern American society, the rule of law is so regularly taken for granted that there is little appreciation for its importance or for what life would be like without it. Yet it was of critical importance to our founders, and is linked inextricably with the separation of powers system. Perhaps because we Americans take the rule of law for granted, we may not realize the extent to which the concept has been severely undermined of late. Freedom and the Rule of Law will serve as a reminder to its readers of how central the rule of law is to our Constitution, and of what we Americans stand to lose from its continued erosion. Anthony Peacock has assembled a terrific group of scholars to make this case on a variety of fronts, and readers will very much profit from their efforts.
Anthony Peacock has assembled a superb team of scholars who discuss and analyze the evolving role of the judiciary and its impact on the rule of law in the United States. The essays offer much provocative food for thought as the authors demonstrate how contemporary visions of the rule of law and the role of the judiciary deviate from the original understanding that informed the Framers' constitutional vision.
Scholars and students alike will find much to discuss in this edited volume. No doubt it will inform and enliven debates in constitutional law classes across the country.
Anthony A. Peacock is associate professor of Political Science and Director of the Project on Liberty and American Constitutionalism at Utah State University. He is the author most recently of Deconstructing the Republic: Voting Rights, the Supreme Court, and the Founders' Republicanism Reconsidered (Washington, D.C.: The AEI Press, 2008) and A Brief Guide to The Federalist Papers (Washington, D.C.: The Heritage Foundation, forthcoming).
Chapter 1 Introduction: American Constitutionalism, Freedom,and the Rule of Law
Part 2 Part I: The Origins of the Rule of Law, Administration,and the Anticipated Growth of the American State
Chapter 3 2. Freedom and the Rule of Law: The Ingenious English Legacy
Chapter 4 3. Regulation, Administration, and the Rule of Law in the Early Republic
Chapter 5 4. Constitutional Cassandra: The Prophetic Fears of Brutus,the Anti-Federalist
Part 6 Part II: Constitutional Interpretation and the Rule of Law
Chapter 7 5. Antonin Scalia and the Rule of Law: The Textualist Foundationof the "Law of Rules"
Chapter 8 6. Original-Meaning Jurisprudence, Judicial Restraint, and Democratic Freedom
Chapter 9 7. Is it Unnatural to Shun Foreign Precedents?
Chapter 10 8. Progressivism and the Decline of the Rule of Law
Part 11 Part III: War, National Security, and the Rule of Law
Chapter 12 9. National Security Law: The Judicial Role
Chapter 13 10. When the Rule of Law Can Undermine the Rule of Law: Hamdi and The Federalist on War and Necessity
Part 14 Part IV: Voting Rights, Representation, and the Rule of Law
Chapter 15 11. A Decline in Adherence to Traditional Districting StandardsUndermines Fair Representation in the United States