Liberty under Law: American Constitutionalism, Yesterday, Today and Tomorrow / Edition 2

Liberty under Law: American Constitutionalism, Yesterday, Today and Tomorrow / Edition 2

by Cecilia Rodriguez Castillo
     
 

ISBN-10: 0761808523

ISBN-13: 9780761808527

Pub. Date: 01/28/1998

Publisher: University Press of America

In recent decades, we have witnessed the emergence of ongoing public arguments about the intellectual and cultural foundations of our constitutional system; the norms governing constitutional interpretation and the proper role of the judiciary in this system; and the proper interpretation of certain key provisions of our fundamental law. Seen in this light,…  See more details below

Overview

In recent decades, we have witnessed the emergence of ongoing public arguments about the intellectual and cultural foundations of our constitutional system; the norms governing constitutional interpretation and the proper role of the judiciary in this system; and the proper interpretation of certain key provisions of our fundamental law. Seen in this light, constitutional controversies of the type we are experiencing today threaten to engulf our political system in a crisis of the first magnitude. These controversies are the subject of these essays. To the extent that governmental actions are perceived by large numbers of Americans to lack constitutional warrant the result can only be the progressive erosion of the moral authority of our constitutional system. The book is divided into three parts; the contributors in the first section address the question of the intellectual foundations and cultural preconditions of the American constitutional commonwealth; in the second they discuss the ongoing debate between the proponents of an originalist approach to constitutional interpretation and their nonoriginalist critics; and in the final section they examine several contemporary controversies over the meaning of specific constitutional provisions. These essays represent serious contributions to a number of critically important scholarly debates. Contributors: Randall W. Bland, Thomas L. Pangle, Francis Canavan, S.J., Jean Bethke Elshtain, Robert Booth Fowler, William Gangi, Gerard V. Bradley, Christopher Wolfe, Sanford Levinson, Robert Scigliano, Robert J. Spitzer, Thomas G. West, George Weigel, David G. Dalin, and Herman Belz. Co-published with the Project on AmericanConstitutionalism, Southwest Texas State University (SWT).

Author Biography: Kenneth L. Grasso and Cecelia Rodriquez Castillo are both Professors of Political Science at Southwest Texas State University and are affliated with the Project on American Constitutionalism at the same university.

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Product Details

ISBN-13:
9780761808527
Publisher:
University Press of America
Publication date:
01/28/1998
Edition description:
2ND
Pages:
254
Product dimensions:
5.82(w) x 9.00(h) x 0.51(d)

Table of Contents

Preface
Introduction
Pt. IAmerican Constitutionalism: Theoretical Foundations and Cultural Preconditions
Ch. 1The Achievement of the Constitution, as Viewed by the Leading Federalists1
Ch. 2Burke and the Problem of Constitutional Liberty13
Ch. 3The City, The Law and the Civic Philosopher25
Ch. 4The Constitution of Religion and American Culture37
Pt. IIConstitutional Interpretation: Originalism and Its Critics
Ch. 5The Judicial Power: A View From The Federalist Papers51
Ch. 6Originalism and Criminal Procedure77
Ch. 7When Constitution and Precedent Collide87
Ch. 8The Operational Irrelevance of Originalism105
Pt. IIIContemporary Issues in American Constitutionalism
Ch. 9The New Understanding of the President's War Power121
Ch. 10From Presidential Shield to 'Go Ahead, Make My Day': The Presidential Veto and the Constitutional Balance of Power139
Ch. 11The Decline of Free Speech in Twentieth-Century America: The View from the Founding149
Ch. 12The First Freedom Today: Church and State in Contemporary America173
Ch. 13How High the Wall?: American Jews and the Church-State Debate185
Ch. 14Affirmative Action and American Equality: A Constitutionalist Perspective201
About the Editors215
About the Contributors217

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