Constitutional category: 1750 books

Comparative constitutional law has a long pedigree, but the comparative study of constitution-making has emerged and taken form only in the last quarter-century. While much of the initial impetus came from the study of the American and French constituent assemblies in the late eighteenth century,...

Constitutional democracy is more fragile and less 'natural' than autocracy. While this may sound surprising to complacent democrats, more and more people find autocracy attractive, because they were never forced to understand or imagine what despotism is. Generations who have lived in stable democracies...

Whether examining election outcomes, the legal status of terrorism suspects, or if (or how) people can be sentenced to death, a judge in a modern democracy assumes a role that raises some of the most contentious political issues of our day. But do judges even have a role beyond deciding the disputes...

First Amendment defenders greeted the Court's Citizens United ruling with enthusiasm, while electoral reformers recoiled in disbelief. Robert Post offers a constitutional theory that seeks to reconcile these sharply divided camps, and he explains how the case might have been decided in a way that would preserve free speech and electoral integrity.

For more than two centuries the idea of the nation-state has been widespread. The expression is now widely used and is even to be unavoidable. The 'nation-state' implies that the population of a state should be homogenous in terms of language, religion, and ethnicity; the nation and the state should...

The complete opinion of the 11th Circuit of the U.S. Court of Appeals on the unconstitutionality of the individual health insurance mandate contained in the Affordable Care Act, issued on August 12, 2011, is reproduced in this flowing-text format for e-readers. Additional material about the ACA and...

American liberals and conservatives alike take for granted a progressive view of the Constitution that took root in the early twentieth century. Richard Epstein laments this complacency which, he believes, explains America's current economic malaise and political gridlock. Steering clear of well-worn...

Politicians come and go, but the Constitution stands as the supreme law of the land. Setting forth the workings of our democracy, it is the bedrock document from which we derive our policies on topics as diverse and galvanizing as immigration, gun ownership, voting rights, taxation, policing, civil...

This book explores the relationship between truth and freedom in the free press. It argues that the relationship is problematic because the free press implies a competition between plural ideas, whereas truth is univocal. Based on this tension the book claims that the idea of a free press is premised...

Our democracy is in trouble and we the people know it. Our U.S. political system is completely distorted as it’s currently financed and structured. Problems with the way we select our political leaders have been on full display in the 2016 Presidential election. Once elected, Washington politicians...

Seminar paper from the year 2015 in the subject Law - Public Law / Constitutional Law / Basic Rights, Swiss Management Center University, course: Economics, language: English, abstract: The following paper was a revised version of an original work presented as contribution for the participation of...

A landmark work on how the Progressive Era redefined the playing field for conservatives and liberals alike. During the 1912 presidential campaign, Progressivism emerged as an alternative to what was then considered an outmoded system of government. A century later, a new generation of conservatives...

Sixteen essays about the First Amendment from the man who changed the way America reads literature A lawyer, literary agent, and author, Charles Rembar never stopped fighting against the puritanical laws that prevented Americans from consuming controversial art. These so-called anti-obscenity...

When the Democrat-appointed Justice Ruth Bader Ginsburg criticized Republican presidential nominee Donald Trump, she triggered concerns about judicial ethics. But the political concerns were even more serious. The Supreme Court is supposed to be what Alexander Hamilton called "the least dangerous"...