Congress

Protecting Individual Rights

Nonfiction, Social & Cultural Studies, Political Science, Government
Cover of the book Congress by Louis Fisher, University Press of Kansas
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Louis Fisher ISBN: 9780700622122
Publisher: University Press of Kansas Publication: February 29, 2016
Imprint: University Press of Kansas Language: English
Author: Louis Fisher
ISBN: 9780700622122
Publisher: University Press of Kansas
Publication: February 29, 2016
Imprint: University Press of Kansas
Language: English

When asked which branch of government protects citizens’ rights, we tend to think of the Supreme Court—stepping in to defend gay rights, for example, in the recent same-sex marriage case. But as constitutional scholar Louis Fisher reveals in his new book, this would be a mistake—and not just because a decision like the gay marriage ruling can be decided by the opinion of a single justice. Rather, we tend to judge the executive and judicial branches idealistically, while taking a more realistic view of the legislative, with its necessarily messier and more transparent workings. In Congress, Fisher highlights these biases as he measures the record of the three branches in protecting individual rights--and finds that Congress, far more than the president or the Supreme Court, has defended the rights of blacks, women, children, Native Americans, and religious liberty.

After reviewing the constitutional principles that apply to all three branches of government, Fisher conducts us through a history of struggles over individual rights, showing how the court has frequently failed at many critical junctures where Congress has acted to protect rights. He identifies changes in the balance of power over time—a post-World War II transformation that has undermined the system of checks and balances the Framers designed to protect individuals in their aspiration for self-government. Without a strong, independent Congress, this book reminds us, our system would operate with two elected officers in the executive branch and none in the judiciary, a form of government best described as elitist—and one no one would deem democratic.

In light of the history that unfolds here—and in view of a Congress widely decried as dysfunctional—Fisher proposes reforms that would strengthen not only the legislative branch’s role in protecting individual rights under the Constitution, but also its standing in the democracy it serves.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

When asked which branch of government protects citizens’ rights, we tend to think of the Supreme Court—stepping in to defend gay rights, for example, in the recent same-sex marriage case. But as constitutional scholar Louis Fisher reveals in his new book, this would be a mistake—and not just because a decision like the gay marriage ruling can be decided by the opinion of a single justice. Rather, we tend to judge the executive and judicial branches idealistically, while taking a more realistic view of the legislative, with its necessarily messier and more transparent workings. In Congress, Fisher highlights these biases as he measures the record of the three branches in protecting individual rights--and finds that Congress, far more than the president or the Supreme Court, has defended the rights of blacks, women, children, Native Americans, and religious liberty.

After reviewing the constitutional principles that apply to all three branches of government, Fisher conducts us through a history of struggles over individual rights, showing how the court has frequently failed at many critical junctures where Congress has acted to protect rights. He identifies changes in the balance of power over time—a post-World War II transformation that has undermined the system of checks and balances the Framers designed to protect individuals in their aspiration for self-government. Without a strong, independent Congress, this book reminds us, our system would operate with two elected officers in the executive branch and none in the judiciary, a form of government best described as elitist—and one no one would deem democratic.

In light of the history that unfolds here—and in view of a Congress widely decried as dysfunctional—Fisher proposes reforms that would strengthen not only the legislative branch’s role in protecting individual rights under the Constitution, but also its standing in the democracy it serves.

More books from University Press of Kansas

Cover of the book The CIA and Congress by Louis Fisher
Cover of the book Father of Liberty by Louis Fisher
Cover of the book The Religious Beliefs of America's Founders by Louis Fisher
Cover of the book The Presidency of George H. W. Bush by Louis Fisher
Cover of the book Yellowstone and the Smithsonian by Louis Fisher
Cover of the book Minority Victory by Louis Fisher
Cover of the book The Hemingway Log by Louis Fisher
Cover of the book Hoover's War on Gays by Louis Fisher
Cover of the book The End of Sustainability by Louis Fisher
Cover of the book The War for Korea, 1945-1950 by Louis Fisher
Cover of the book The Fourth Amendment in Flux by Louis Fisher
Cover of the book From Greenwich Village to Taos by Louis Fisher
Cover of the book Broken Trust by Louis Fisher
Cover of the book Rhythms of Change in Rocky Mountain National Park by Louis Fisher
Cover of the book Osage Women and Empire by Louis Fisher
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy