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112 books about Constitutional history and 15 start with A
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Afghanistan Rising: Islamic Law and Statecraft between the Ottoman and British Empires
Faiz Ahmed
Harvard University Press, 2017
Library of Congress KNF68.A366 2017 | Dewey Decimal 349.581

Debunking conventional narratives of Afghanistan as a perennial war zone or marginal frontier, Faiz Ahmed presents a vibrant account of the first Muslim-majority country to gain independence from the British Empire, form a fully sovereign government, and promulgate an original constitution after the fall of the Ottoman Empire.

Far from a landlocked wilderness, turn-of-the-twentieth-century Afghanistan was a magnet for itinerant scholars and emissaries shuttling between Ottoman and British imperial domains. Tracing Afghans’ longstanding but seldom examined scholastic ties to Istanbul, Damascus, and Baghdad, as well as greater Delhi and Lahore, Ahmed vividly describes how the Kabul court recruited jurists to craft a modern state within the interpretive traditions of Islamic law and ethics, or shariʿa, and international legal norms. Beginning with the first Ottoman mission to Kabul in 1877, and culminating with parallel independence struggles in Afghanistan, India, and Turkey after World War I, this rich narrative explores encounters between diverse streams of Muslim thought and politics—from Young Turk lawyers to Pashtun clerics; Ottoman Arab officers to British Raj bureaucrats; and the last caliphs to a remarkable dynasty of Afghan kings and queens.

By unearthing a lost history behind Afghanistan’s independence and first constitution, Ahmed shows how debates today on Islam, governance, and the rule of law have deep roots in a beleaguered land. Based on research in six countries and as many languages, Afghanistan Rising rediscovers a time when Kabul stood proudly for anticolonial coalitions, self-determination, and contested visions of reform in the Global South and Islamicate world.

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The Age of Strict Construction: a History of the Growth of Federal Power, 1789-1861
Peter Zavodnyik
Catholic University of America Press, 2007
Library of Congress JK171.Z39 2007 | Dewey Decimal 320.47304909034

The Age of Strict Construction explores the growth of the federal government's power and influence between 1789 and 1861, and the varying reactions of Americans to that growth.
Expand Description

American Law and the Constitutional Order: Historical Perspectives, Enlarged Edition
Lawrence M. Friedman
Harvard University Press, 1988
Library of Congress KF352.A79 1988 | Dewey Decimal 349.73

This is the standard reader in American law and constitutional development. The selections demonstrate that the legal order, once defined by society, helps in molding the various forces of the social life of that society. The essays cover the entire period of the American experience, from the colonies to postindustrial society.

Additions to this enlarged edition include essays by Michael Parrish on the Depression and the New Deal; Abram Chayes on the role of the judge in public law litigation; David Vogel on social regulation; Harry N. Scheiber on doctrinal legacies and institutional innovations in the relation between law and the economy; and Lawrence M. Friedman on American legal history.

Expand Description

The American Supreme Court
Robert G. McCloskey
University of Chicago Press, 2004
Library of Congress KF8742.M296 2005 | Dewey Decimal 347.7326

First published more than forty years ago, Robert G. McCloskey's classic work on the Supreme Court's role in constructing the U.S. Constitution has introduced generations of students to the workings of our nation's highest court. In this fourth edition, Sanford Levinson extends McCloskey's magisterial treatment to address the Court's most recent decisions, including its controversial ruling in Bush v. Gore and its expansion of sexual privacy in Lawrence v. Texas. The book's chronology of important Supreme Court decisions and itsannotated bibliographical essay have also been updated.

As in previous editions, McCloskey's original text remains unchanged. He argues that the Court's strength 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 sentiment. Levinson's two new chapters show how McCloskey's approach continues to illuminate recent developments, such as the Court's seeming return to its pre-1937 role as "umpire" of the federal system. It is in Bush v. Gore, however, where the implications of McCloskey's interpretation stand out most clearly.

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 its past, present, and future prospects of this institution.
Expand Description

The American Supreme Court
Robert G. McCloskey
University of Chicago Press, 2000
Library of Congress KF8742.M296 2000 | Dewey Decimal 347.7326

First published more than four decades ago, Robert McCloskey's classic work on the Supreme Court's role in constructing the U.S. Constitution has introduced generations of students to the workings of our nation's highest court. Sanford Levinson brings this new edition into the twenty-first century, revising the last two chapters, which cover the events of the past forty years, and updating the book's preface, coda, chronology, and bibliographical essay.

As in the second edition, 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 new chapters, Levinson discusses the Court's more recent role, especially during the 1960s, as protector of the civil rights and liberties of minorities. He updates as well the Court's continuing role as monitor of the welfare state, looking at the litigation following the 1996 changes in welfare policy by Congress and the President. Also covered in this new edition are the recent Court decisions on federalism, which perhaps portend an enhanced role for the court as the "umpire" of the federal system; the clash between Congress and the Court over the scope of the required accommodation by government of religious conduct; and the Court's role in the impeachment of President Clinton.

Wonderfully readable and concisely written, McCloskey's book is an essential guide to the past, present, and future prospects of America's highest court.
Expand Description

The American Supreme Court: Fifth Edition
Robert G. McCloskey
University of Chicago Press, 2010
Library of Congress KF8742.M296 2010 | Dewey Decimal 347.7326

Celebrating its fiftieth anniversary, Robert McCloskey’s classic work on the Supreme Court’s role in constructing the U.S. Constitution has introduced generations of students to the workings of our nation’s highest court. For this new fifth edition, Sanford Levinson extends McCloskey’s magisterial treatment to address the Court’s most recent decisions.

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.

Expand Description

The American Supreme Court, Sixth Edition
Robert G. McCloskey and Sanford Levinson
University of Chicago Press, 2016
Library of Congress KF8742.M296 2016 | Dewey Decimal 347.7326

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 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 sentiment. In this new edition, Sanford Levinson extends McCloskey’s magisterial treatment to address developments since the 2010 election, including the Supreme Court’s decisions regarding the Defense of Marriage Act, the Affordable Care Act, and gay marriage.

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.
Expand Description

America’s Forgotten Constitutions: Defiant Visions of Power and Community
Robert L. Tsai
Harvard University Press, 2014
Library of Congress KF4541.Y+ | Dewey Decimal 342.730292

The U.S. Constitution opens by proclaiming the sovereignty of all citizens: "We the People." Robert Tsai's gripping history of alternative constitutions invites readers into the circle of those who have rejected this ringing assertion--the defiant groups that refused to accept the Constitution's definition of who "the people" are and how their authority should be exercised.

America's Forgotten Constitutions is the story of America as told by dissenters: squatters, Native Americans, abolitionists, socialists, internationalists, and racial nationalists. Beginning in the nineteenth century, Tsai chronicles eight episodes in which discontented citizens took the extraordinary step of drafting a new constitution. He examines the alternative Americas envisioned by John Brown (who dreamed of a republic purged of slavery), Robert Barnwell Rhett (the Confederate "father of secession"), and Etienne Cabet (a French socialist who founded a utopian society in Illinois). Other dreamers include the University of Chicago academics who created a world constitution for the nuclear age; the Republic of New Afrika, which demanded a separate country carved from the Deep South; and the contemporary Aryan movement, which plans to liberate America from multiculturalism and feminism.

Countering those who treat constitutional law as a single tradition, Tsai argues that the ratification of the Constitution did not quell debate but kindled further conflicts over basic questions of power and community. He explains how the tradition mutated over time, inspiring generations and disrupting the best-laid plans for simplicity and order. Idealists on both the left and right will benefit from reading these cautionary tales.

Expand Description

America’s Unwritten Constitution: Science, Religion, and Political Responsibility
Don K. Price
Harvard University Press, 1985
Library of Congress JK305.P87 1985 | Dewey Decimal 320.473

Don K. Price seeks the cause of the nation’s inability to develop coherent policies and manage consistent programs and finds it in American attitudes toward authority. This country’s managerial disarray can be traced to religious and philosophical roots of our informal system of government and its development. Price shows how a native American skepticism toward all establishments, combined with a belief in the role of science as advancing progress, has given us a moralistic, reformist view of government that rejects compromise even for the sake of coherence and continuity. This is unlike the experience of Great Britain and Canada, which he relates in a series of incisive comparisons.
Expand Description

The Annotated U.S. Constitution and Declaration of Independence
Jack N. Rakove
Harvard University Press, 2012
Library of Congress KF4527.A56 2009 | Dewey Decimal 342.7302

Here in a newly annotated edition are the two founding documents of the United States of America: the Declaration of Independence (1776), our great revolutionary manifesto, and the Constitution (1787–88), in which “We the People” forged a new nation and built the framework for our federal republic. Together with the Bill of Rights and the Civil War amendments, these documents constitute what James Madison called our “political scriptures” and have come to define us as a people. Now a Pulitzer Prize–winning historian serves as a guide to these texts, providing historical contexts and offering interpretive commentary.

In an introductory essay written for the general reader, Jack N. Rakove provides a narrative political account of how these documents came to be written. In his commentary on the Declaration of Independence, Rakove sets the historical context for a fuller appreciation of the important preamble and the list of charges leveled against the Crown. When he glosses the Constitution, the Bill of Rights, and the subsequent amendments, Rakove once again provides helpful historical background, targets language that has proven particularly difficult or controversial, and cites leading Supreme Court cases. A chronology of events provides a framework for understanding the road to Philadelphia. The general reader will not find a better, more helpful guide to our founding documents than Jack N. Rakove.

Expand Description

The Anti-Federalist: An Abridgment of The Complete Anti-Federalist
Abridged by Murray Dry
University of Chicago Press, 1985
Library of Congress JK155.C6525 1985 | Dewey Decimal 342.73029

Herbert J. Storing's Complete Anti-Federalist, hailed as "a civic event of enduring importance" (Leonard W. Levy, New York Times Book Review), indisputably established the importance of the Anti-Federalists' writings for our understanding of the Constitution. As Storing wrote in his introduction, "If the foundation of the American polity was laid by the Federalists, the Anti-Federalist reservations echo through American history; and it is in the dialogue, not merely in the Federalist victory, that the country's principles are to be discovered."

This one-volume edition presents the essence of the other side of that crucial dialogue. It can be read as a genuine counterpart to the Federalist Papers; as an original source companion to Storing's brilliant essay What the Anti-Federalists Were For (volume I of The Complete Anti-Federalist, available as a separate paperback); or as a guide to exploring the full range of Anti-Federalist writing. The Anti-Federalist makes a fundamental source of our political heritage accessible to everyone.
Expand Description

The Anti-Oligarchy Constitution: Reconstructing the Economic Foundations of American Democracy
Joseph Fishkin and William E. Forbath
Harvard University Press, 2022
Library of Congress JC419.F57 2022 | Dewey Decimal 320.973

A bold call to reclaim an American tradition that argues the Constitution imposes a duty on government to fight oligarchy and ensure broadly shared wealth.

Oligarchy is a threat to the American republic. When too much economic and political power is concentrated in too few hands, we risk losing the “republican form of government” the Constitution requires. Today, courts enforce the Constitution as if it had almost nothing to say about this threat. But as Joseph Fishkin and William Forbath show in this revolutionary retelling of constitutional history, a commitment to prevent oligarchy once stood at the center of a robust tradition in American political and constitutional thought.

Fishkin and Forbath demonstrate that reformers, legislators, and even judges working in this “democracy-of-opportunity” tradition understood that the Constitution imposes a duty on legislatures to thwart oligarchy and promote a broad distribution of wealth and political power. These ideas led Jacksonians to fight special economic privileges for the few, Populists to try to break up monopoly power, and Progressives to fight for the constitutional right to form a union. During Reconstruction, Radical Republicans argued in this tradition that racial equality required breaking up the oligarchy of the Slave Power and distributing wealth and opportunity to former slaves and their descendants. President Franklin Roosevelt and the New Dealers built their politics around this tradition, winning the fight against the “economic royalists” and “industrial despots.”

But today, as we enter a new Gilded Age, this tradition in progressive American economic and political thought lies dormant. The Anti-Oligarchy Constitution begins the work of recovering it and exploring its profound implications for our deeply unequal society and badly damaged democracy.

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Are We to Be a Nation?: The Making of the Constitution
Richard B. Bernstein
Harvard University Press, 1987
Library of Congress KF4520.B47 1987 | Dewey Decimal 342.73029

The Constitution of the United States is the product of a revolution in political thought as momentous as the winning of American independence. This profusely illustrated volume is a magnificent tribute to the oldest surviving charter of a federal republic. In a felicitous blend of words and pictures, Richard B. Bernstein retells the entire story of this revolution: the problems under the Articles of Confederation; the intense, often vituperative debate between Americans and Europeans over the brave new republican experiment; the arguing, reasoning, and reconciliation of interests before, during, and after the Federal Convention in 1787; the often bitter struggle for ratification in the thirteen states and the critical importance of The Federalist in the accompanying propaganda war; the beginnings of government under the Constitution; and the states' adoption of the Bill of Rights.

The delegates to the Federal Convention were the foremost men of their states and regions—bookish but not reclusive, activist but not undisciplined, principled but not rigid. Bernstein's colorful description of the intellectual and political ferment they first created and then controlled brings to life their heroic effort. Along with these lost chapters of our history, he shows how experiments in government were a critical part of Americans' attempts to define their identity as a nation and a people.

The Constitution was the result of no miracle; the outcome was never foreordained. A blend of theory and practicality, it was to be understood by all, not just by experts, and was no talisman against evils or unyielding to new experiences. As it bound up the founding generation, it was to be a guide to their successors. Illuminating his discussion—and our understanding—of the Constitution is a huge array of rare, in some cases unique, documents assembled by The New York Public Library for its exhibition commemorating the bicentennial of the Constitution.

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The Articles of Confederation: An Interpretation of the Social-Constitutional History of the American Revolution, 1774-1781
Merrill Jensen
University of Wisconsin Press, 1959
Library of Congress KF4541.J4 1970 | Dewey Decimal 342.73

"Here is a book which deals with clashes between economic and political factors in the American Revolution as realistically as if its author were dealing with a presidential election."—Social Studies

"An admirable analysis.  It presents, in succinct form, the results of a generation of study of this chapter of our history and summarizes fairly the conclusions of that study."—Henry Steele Commager, New York Times Book Review
Expand Description

The Authoritarian State (CW4): An Essay on the Problem of the Austrian State
Eric Voegelin, Edited & Intro by Gilbert Weiss, Translated by Ruth Hein, & Historical Commentary by Erika Weinzierl
University of Missouri Press, 1999
Library of Congress B3354.V88 1989 vol. 4 | Dewey Decimal 193

Published in Vienna in 1936, The Authoritarian State by Eric Voegelin has remained virtually unknown to the public until now. Sales of the German edition were halted following the Nazi invasion of Austria in 1938, and the entire printing was later destroyed by wartime bombing. In this volume, Voegelin offers a critical examination of the most prominent European theories of state and constitutional law of the period while providing a political and historical analysis of the Austrian situation. He discusses the dismissal of Parliament in 1933, the civil war, the murder of Federal Chancellor Dollfuss, the adoption of the "Authoritarian Constitution" of 1934, and the predicament of being sandwiched between Hitler and Mussolini.

A radical critique of Hans Kelsen's pure theory of law lies at the heart of this work, marking Voegelin's definitive departure from Neo-Kantian epistemology. For the first time, Voegelin elaborates on the important distinction between theoretical concepts and political symbols as a basis for explaining the nontheoretical and speculative character of ideologies, both left and right. He shows that total and authoritarian are symbols of ideological self-interpretation that have no theoretical value, a distinction basic to his later work in The New Science of Politics.

Available for the first time in English, The Authoritarian State is a valuable addition to the Voegelin canon and to the field of intellectual history in general.

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112 books about Constitutional history and 15 112 books about Constitutional history
 15
 start with A  start with A
Afghanistan Rising
Islamic Law and Statecraft between the Ottoman and British Empires
Faiz Ahmed
Harvard University Press, 2017

Debunking conventional narratives of Afghanistan as a perennial war zone or marginal frontier, Faiz Ahmed presents a vibrant account of the first Muslim-majority country to gain independence from the British Empire, form a fully sovereign government, and promulgate an original constitution after the fall of the Ottoman Empire.

Far from a landlocked wilderness, turn-of-the-twentieth-century Afghanistan was a magnet for itinerant scholars and emissaries shuttling between Ottoman and British imperial domains. Tracing Afghans’ longstanding but seldom examined scholastic ties to Istanbul, Damascus, and Baghdad, as well as greater Delhi and Lahore, Ahmed vividly describes how the Kabul court recruited jurists to craft a modern state within the interpretive traditions of Islamic law and ethics, or shariʿa, and international legal norms. Beginning with the first Ottoman mission to Kabul in 1877, and culminating with parallel independence struggles in Afghanistan, India, and Turkey after World War I, this rich narrative explores encounters between diverse streams of Muslim thought and politics—from Young Turk lawyers to Pashtun clerics; Ottoman Arab officers to British Raj bureaucrats; and the last caliphs to a remarkable dynasty of Afghan kings and queens.

By unearthing a lost history behind Afghanistan’s independence and first constitution, Ahmed shows how debates today on Islam, governance, and the rule of law have deep roots in a beleaguered land. Based on research in six countries and as many languages, Afghanistan Rising rediscovers a time when Kabul stood proudly for anticolonial coalitions, self-determination, and contested visions of reform in the Global South and Islamicate world.

[more]

The Age of Strict Construction
a History of the Growth of Federal Power, 1789-1861
Peter Zavodnyik
Catholic University of America Press, 2007
The Age of Strict Construction explores the growth of the federal government's power and influence between 1789 and 1861, and the varying reactions of Americans to that growth.
[more]

American Law and the Constitutional Order
Historical Perspectives, Enlarged Edition
Lawrence M. Friedman
Harvard University Press, 1988

This is the standard reader in American law and constitutional development. The selections demonstrate that the legal order, once defined by society, helps in molding the various forces of the social life of that society. The essays cover the entire period of the American experience, from the colonies to postindustrial society.

Additions to this enlarged edition include essays by Michael Parrish on the Depression and the New Deal; Abram Chayes on the role of the judge in public law litigation; David Vogel on social regulation; Harry N. Scheiber on doctrinal legacies and institutional innovations in the relation between law and the economy; and Lawrence M. Friedman on American legal history.

[more]

The American Supreme Court
Robert G. McCloskey
University of Chicago Press, 2004
First published more than forty years ago, Robert G. McCloskey's classic work on the Supreme Court's role in constructing the U.S. Constitution has introduced generations of students to the workings of our nation's highest court. In this fourth edition, Sanford Levinson extends McCloskey's magisterial treatment to address the Court's most recent decisions, including its controversial ruling in Bush v. Gore and its expansion of sexual privacy in Lawrence v. Texas. The book's chronology of important Supreme Court decisions and itsannotated bibliographical essay have also been updated.

As in previous editions, McCloskey's original text remains unchanged. He argues that the Court's strength 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 sentiment. Levinson's two new chapters show how McCloskey's approach continues to illuminate recent developments, such as the Court's seeming return to its pre-1937 role as "umpire" of the federal system. It is in Bush v. Gore, however, where the implications of McCloskey's interpretation stand out most clearly.

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 its past, present, and future prospects of this institution.
[more]

The American Supreme Court
Robert G. McCloskey
University of Chicago Press, 2000
First published more than four decades ago, Robert McCloskey's classic work on the Supreme Court's role in constructing the U.S. Constitution has introduced generations of students to the workings of our nation's highest court. Sanford Levinson brings this new edition into the twenty-first century, revising the last two chapters, which cover the events of the past forty years, and updating the book's preface, coda, chronology, and bibliographical essay.

As in the second edition, 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 new chapters, Levinson discusses the Court's more recent role, especially during the 1960s, as protector of the civil rights and liberties of minorities. He updates as well the Court's continuing role as monitor of the welfare state, looking at the litigation following the 1996 changes in welfare policy by Congress and the President. Also covered in this new edition are the recent Court decisions on federalism, which perhaps portend an enhanced role for the court as the "umpire" of the federal system; the clash between Congress and the Court over the scope of the required accommodation by government of religious conduct; and the Court's role in the impeachment of President Clinton.

Wonderfully readable and concisely written, McCloskey's book is an essential guide to the past, present, and future prospects of America's highest court.
[more]

The American Supreme Court
Fifth Edition
Robert G. McCloskey
University of Chicago Press, 2010

Celebrating its fiftieth anniversary, Robert McCloskey’s classic work on the Supreme Court’s role in constructing the U.S. Constitution has introduced generations of students to the workings of our nation’s highest court. For this new fifth edition, Sanford Levinson extends McCloskey’s magisterial treatment to address the Court’s most recent decisions.

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.

[more]

The American Supreme Court, Sixth Edition
Robert G. McCloskey and Sanford Levinson
University of Chicago Press, 2016
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 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 sentiment. In this new edition, Sanford Levinson extends McCloskey’s magisterial treatment to address developments since the 2010 election, including the Supreme Court’s decisions regarding the Defense of Marriage Act, the Affordable Care Act, and gay marriage.

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.
[more]

America’s Forgotten Constitutions
Defiant Visions of Power and Community
Robert L. Tsai
Harvard University Press, 2014

The U.S. Constitution opens by proclaiming the sovereignty of all citizens: "We the People." Robert Tsai's gripping history of alternative constitutions invites readers into the circle of those who have rejected this ringing assertion--the defiant groups that refused to accept the Constitution's definition of who "the people" are and how their authority should be exercised.

America's Forgotten Constitutions is the story of America as told by dissenters: squatters, Native Americans, abolitionists, socialists, internationalists, and racial nationalists. Beginning in the nineteenth century, Tsai chronicles eight episodes in which discontented citizens took the extraordinary step of drafting a new constitution. He examines the alternative Americas envisioned by John Brown (who dreamed of a republic purged of slavery), Robert Barnwell Rhett (the Confederate "father of secession"), and Etienne Cabet (a French socialist who founded a utopian society in Illinois). Other dreamers include the University of Chicago academics who created a world constitution for the nuclear age; the Republic of New Afrika, which demanded a separate country carved from the Deep South; and the contemporary Aryan movement, which plans to liberate America from multiculturalism and feminism.

Countering those who treat constitutional law as a single tradition, Tsai argues that the ratification of the Constitution did not quell debate but kindled further conflicts over basic questions of power and community. He explains how the tradition mutated over time, inspiring generations and disrupting the best-laid plans for simplicity and order. Idealists on both the left and right will benefit from reading these cautionary tales.

[more]

America’s Unwritten Constitution
Science, Religion, and Political Responsibility
Don K. Price
Harvard University Press, 1985
Don K. Price seeks the cause of the nation’s inability to develop coherent policies and manage consistent programs and finds it in American attitudes toward authority. This country’s managerial disarray can be traced to religious and philosophical roots of our informal system of government and its development. Price shows how a native American skepticism toward all establishments, combined with a belief in the role of science as advancing progress, has given us a moralistic, reformist view of government that rejects compromise even for the sake of coherence and continuity. This is unlike the experience of Great Britain and Canada, which he relates in a series of incisive comparisons.
[more]

The Annotated U.S. Constitution and Declaration of Independence
Jack N. Rakove
Harvard University Press, 2012

Here in a newly annotated edition are the two founding documents of the United States of America: the Declaration of Independence (1776), our great revolutionary manifesto, and the Constitution (1787–88), in which “We the People” forged a new nation and built the framework for our federal republic. Together with the Bill of Rights and the Civil War amendments, these documents constitute what James Madison called our “political scriptures” and have come to define us as a people. Now a Pulitzer Prize–winning historian serves as a guide to these texts, providing historical contexts and offering interpretive commentary.

In an introductory essay written for the general reader, Jack N. Rakove provides a narrative political account of how these documents came to be written. In his commentary on the Declaration of Independence, Rakove sets the historical context for a fuller appreciation of the important preamble and the list of charges leveled against the Crown. When he glosses the Constitution, the Bill of Rights, and the subsequent amendments, Rakove once again provides helpful historical background, targets language that has proven particularly difficult or controversial, and cites leading Supreme Court cases. A chronology of events provides a framework for understanding the road to Philadelphia. The general reader will not find a better, more helpful guide to our founding documents than Jack N. Rakove.

[more]

The Anti-Federalist
An Abridgment of The Complete Anti-Federalist
Abridged by Murray Dry
University of Chicago Press, 1985
Herbert J. Storing's Complete Anti-Federalist, hailed as "a civic event of enduring importance" (Leonard W. Levy, New York Times Book Review), indisputably established the importance of the Anti-Federalists' writings for our understanding of the Constitution. As Storing wrote in his introduction, "If the foundation of the American polity was laid by the Federalists, the Anti-Federalist reservations echo through American history; and it is in the dialogue, not merely in the Federalist victory, that the country's principles are to be discovered."

This one-volume edition presents the essence of the other side of that crucial dialogue. It can be read as a genuine counterpart to the Federalist Papers; as an original source companion to Storing's brilliant essay What the Anti-Federalists Were For (volume I of The Complete Anti-Federalist, available as a separate paperback); or as a guide to exploring the full range of Anti-Federalist writing. The Anti-Federalist makes a fundamental source of our political heritage accessible to everyone.
[more]

The Anti-Oligarchy Constitution
Reconstructing the Economic Foundations of American Democracy
Joseph Fishkin and William E. Forbath
Harvard University Press, 2022

A bold call to reclaim an American tradition that argues the Constitution imposes a duty on government to fight oligarchy and ensure broadly shared wealth.

Oligarchy is a threat to the American republic. When too much economic and political power is concentrated in too few hands, we risk losing the “republican form of government” the Constitution requires. Today, courts enforce the Constitution as if it had almost nothing to say about this threat. But as Joseph Fishkin and William Forbath show in this revolutionary retelling of constitutional history, a commitment to prevent oligarchy once stood at the center of a robust tradition in American political and constitutional thought.

Fishkin and Forbath demonstrate that reformers, legislators, and even judges working in this “democracy-of-opportunity” tradition understood that the Constitution imposes a duty on legislatures to thwart oligarchy and promote a broad distribution of wealth and political power. These ideas led Jacksonians to fight special economic privileges for the few, Populists to try to break up monopoly power, and Progressives to fight for the constitutional right to form a union. During Reconstruction, Radical Republicans argued in this tradition that racial equality required breaking up the oligarchy of the Slave Power and distributing wealth and opportunity to former slaves and their descendants. President Franklin Roosevelt and the New Dealers built their politics around this tradition, winning the fight against the “economic royalists” and “industrial despots.”

But today, as we enter a new Gilded Age, this tradition in progressive American economic and political thought lies dormant. The Anti-Oligarchy Constitution begins the work of recovering it and exploring its profound implications for our deeply unequal society and badly damaged democracy.

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Are We to Be a Nation?
The Making of the Constitution
Richard B. Bernstein
Harvard University Press, 1987

The Constitution of the United States is the product of a revolution in political thought as momentous as the winning of American independence. This profusely illustrated volume is a magnificent tribute to the oldest surviving charter of a federal republic. In a felicitous blend of words and pictures, Richard B. Bernstein retells the entire story of this revolution: the problems under the Articles of Confederation; the intense, often vituperative debate between Americans and Europeans over the brave new republican experiment; the arguing, reasoning, and reconciliation of interests before, during, and after the Federal Convention in 1787; the often bitter struggle for ratification in the thirteen states and the critical importance of The Federalist in the accompanying propaganda war; the beginnings of government under the Constitution; and the states' adoption of the Bill of Rights.

The delegates to the Federal Convention were the foremost men of their states and regions—bookish but not reclusive, activist but not undisciplined, principled but not rigid. Bernstein's colorful description of the intellectual and political ferment they first created and then controlled brings to life their heroic effort. Along with these lost chapters of our history, he shows how experiments in government were a critical part of Americans' attempts to define their identity as a nation and a people.

The Constitution was the result of no miracle; the outcome was never foreordained. A blend of theory and practicality, it was to be understood by all, not just by experts, and was no talisman against evils or unyielding to new experiences. As it bound up the founding generation, it was to be a guide to their successors. Illuminating his discussion—and our understanding—of the Constitution is a huge array of rare, in some cases unique, documents assembled by The New York Public Library for its exhibition commemorating the bicentennial of the Constitution.

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The Articles of Confederation
An Interpretation of the Social-Constitutional History of the American Revolution, 1774-1781
Merrill Jensen
University of Wisconsin Press, 1959
"Here is a book which deals with clashes between economic and political factors in the American Revolution as realistically as if its author were dealing with a presidential election."—Social Studies

"An admirable analysis.  It presents, in succinct form, the results of a generation of study of this chapter of our history and summarizes fairly the conclusions of that study."—Henry Steele Commager, New York Times Book Review
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The Authoritarian State (CW4)
An Essay on the Problem of the Austrian State
Eric Voegelin, Edited & Intro by Gilbert Weiss, Translated by Ruth Hein, & Historical Commentary by Erika Weinzierl
University of Missouri Press, 1999

Published in Vienna in 1936, The Authoritarian State by Eric Voegelin has remained virtually unknown to the public until now. Sales of the German edition were halted following the Nazi invasion of Austria in 1938, and the entire printing was later destroyed by wartime bombing. In this volume, Voegelin offers a critical examination of the most prominent European theories of state and constitutional law of the period while providing a political and historical analysis of the Austrian situation. He discusses the dismissal of Parliament in 1933, the civil war, the murder of Federal Chancellor Dollfuss, the adoption of the "Authoritarian Constitution" of 1934, and the predicament of being sandwiched between Hitler and Mussolini.

A radical critique of Hans Kelsen's pure theory of law lies at the heart of this work, marking Voegelin's definitive departure from Neo-Kantian epistemology. For the first time, Voegelin elaborates on the important distinction between theoretical concepts and political symbols as a basis for explaining the nontheoretical and speculative character of ideologies, both left and right. He shows that total and authoritarian are symbols of ideological self-interpretation that have no theoretical value, a distinction basic to his later work in The New Science of Politics.

Available for the first time in English, The Authoritarian State is a valuable addition to the Voegelin canon and to the field of intellectual history in general.

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