Download or read book Constitutional Violence written by Antoni Abat i Ninet and published by Edinburgh University Press. This book was released on 2014-08-20 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: Western political systems tend to be 'constitutional democracies', dividing the system into a domain of politics, where the people rule, and a domain of law, set aside for a trained elite. Antoni Abat i Ninet strives to resolve these apparently exclusive

Download or read book Gun Control written by Matt Doeden and published by Twenty-First Century Books. This book was released on 2011-10-01 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the history of gun control, including statistics, legislation, and expert opinions from both sides of the debate.

Download or read book Federal Law and Southern Order written by Michal R. Belknap and published by University of Georgia Press. This book was released on 1995 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: Federal Law and Southern Order, first published in 1987, examines the factors behind the federal government's long delay in responding to racial violence during the 1950s and 1960s. The book also reveals that it was apprehension of a militant minority of white racists that ultimately spurred acquiescent state and local officials in the South to protect blacks and others involved in civil rights activities. By tracing patterns of violent racial crimes and probing the federal government's persistent failure to punish those who committed the crimes, Michal R. Belknap tells how and why judges, presidents, members of Congress, and even Justice Department and Federal Bureau of Investigation officials accepted the South's insistence that federalism precluded any national interference in southern law enforcement. Lulled into complacency by the soothing rationalization of federalism, Washington for too long remained a bystander while the Ku Klux Klan and others used violence to sabotage the civil rights movement, Belknap demonstrates. In the foreword to this paperback edition, Belknap examines how other scholars, in works published after Federal Law and Southern Order, have treated issues related to federal efforts to curb racial violence. He also explores how incidents of racial violence since the 1960s have been addressed by the state legal systems of the South and discusses the significance for the contemporary South of congressional legislation enacted during the 1960s to suppress racially motivated murders, beatings, and intimidation.

Download or read book Law Violence and Constituent Power written by Héctor López Bofill and published by Routledge. This book was released on 2021-05-30 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book challenges traditional theories of constitution-making to advance an alternative view of constitutions as being founded on power which rests on violence. The work argues that rather than the idea of a constitution being the result of political participation and deliberation, all power instead is based on violence. Hence the creation of a constitution is actually an act of coercion, where, through violence, one social group is able to impose itself over others. The book advocates that the presence of violence be used as an assessment of whether genuine constitutional transformation has taken place, and that the legitimacy of a constitutional order should be dependent upon the absence of killing. The book will be essential reading for academics and researchers working in the areas of constitutional law and politics, legal and political theory, and constitutional history.

Download or read book Constitutions in Crisis written by John E. Finn and published by Oxford University Press, USA. This book was released on 1991 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: With special reference to the experience of Britain and Germany, this book examines the dilemma faced by constitutional governments in trying to draft anti-terrorist laws while preserving civil liberties.

Download or read book Real Americans written by Jared A. Goldstein and published by University Press of Kansas. This book was released on 2022-02-05 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: On January 6, 2021, white supremacists, Christian nationalists, and other supporters of President Donald Trump stormed the US Capitol in an attempt to overturn the results of the 2020 presidential election. The insurrection was widely denounced as an attack on the Constitution, and the subsequent impeachment trial was framed as a defense of constitutional government. What received little attention is that the January 6 insurrectionists themselves justified the violence they perpetrated as a defense of the Constitution; after battling the Capitol police and breaking doors and windows, the mob marched inside, chanting “Defend your liberty, defend the Constitution.” In Real Americans: National Identity, Violence, and the Constitution Jared A. Goldstein boldly challenges the conventional wisdom that a shared devotion to the Constitution is the essence of what it means to be American. In his careful analysis of US history, Goldstein demonstrates the well-established pattern of movements devoted to defending the power of dominant racial, ethnic, and religious groups that deploy the rhetoric of constitutional devotion to express their national visions and justify their violence. Goldstein describes this as constitutional nationalism, an ideology that defines being an American as standing with, and by, the Constitution. This history includes the Ku Klux Klan’s self-declared mission to “protect and defend the Constitution of the United States,” which served to justify its campaign of violence in the 1860s and 1870s to prevent Black people from exercising the right to vote; Protestant Americans who felt threatened by the growing population of Catholics and Jews and organized mass movements to defend their status and power by declaring that the Constitution was made for a Protestant nation; native-born Americans who resisted the rising population of immigrants and who mobilized to exclude the newcomers and their alien ideas; corporate leaders arguing that regulation is unconstitutional and un-American; and Timothy McVeigh, who believed he was defending the Constitution by killing 168 people with a truck bomb. Real Americans: National Identity, Violence, and the Constitution reveals how the Constitution as the central embodiment and common ground of American identity has long been used to promote conflicting versions of American identity and to justify hatred, violence, and exclusion.

Download or read book Anti Asian Violence written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Civil and Constitutional Rights and published by . This book was released on 1989 with total page 582 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Mythic Meanings of the Second Amendment written by David C. Williams and published by Yale University Press. This book was released on 2003-01-01 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: David Williams offers a new reading of the Second Amendment suggesting that it guarantees to individuals a right to arms only insofar as they are part of a united & consensual people so that their uprising can be a unified revolution rather than a civil war.

Download or read book The Cult of the Constitution written by Mary Anne Franks and published by Stanford University Press. This book was released on 2019-05-14 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: “A powerful challenge to the prevailing constitutional orthodoxy of the right and the left . . . A deeply troubling and absolutely vital book” (Mark Joseph Stern, Slate). In this provocative book, Mary Anne Franks examines the thin line between constitutional fidelity and constitutional fundamentalism. The Cult of the Constitution reveals how deep fundamentalist strains in both conservative and liberal American thought keep the Constitution in the service of white male supremacy. Franks demonstrates how constitutional fundamentalists read the Constitution selectively and self-servingly, thus undermining the integrity of the document as a whole. She goes on to argue that economic and civil libertarianism have merged to produce a deregulatory, “free-market” approach to constitutional rights that achieves fullest expression in the idealization of the Internet. The fetishization of the first and second amendments has blurred the boundaries between conduct and speech and between veneration and violence. But the Constitution itself contains the antidote to fundamentalism. The Cult of the Constitution lays bare the dark, antidemocratic consequences of constitutional fundamentalism and urges readers to take the Constitution seriously, not selectively.

Download or read book United States Code written by United States and published by . This book was released on 1952 with total page 1508 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Constitutional Coup written by Jon D. Michaels and published by Harvard University Press. This book was released on 2017-10-23 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Americans hate bureaucracy—though they love the services it provides—and demand that government run like a business. Hence today’s privatization revolution. Jon Michaels shows how the fusion of politics and profits commercializes government and consolidates state power in ways the Constitution’s framers endeavored to disaggregate.

Download or read book The Collapse of Constitutional Remedies written by Aziz Z. Huq and published by Oxford University Press. This book was released on 2021 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book describes and explains the failure of the federal courts of the United States to act and to provide remedies to individuals whose constitutional rights have been violated by illegal state coercion and violence. This remedial vacuum must be understood in light of the original design and historical development of the federal courts. At its conception, the federal judiciary was assumed to be independent thanks to an apolitical appointment process, a limited supply of adequately trained lawyers (which would prevent cherry-picking), and the constraining effect of laws and constitutional provision. Each of these checks quickly failed. As a result, the early federal judicial system was highly dependent on Congress. Not until the last quarter of the nineteenth century did a robust federal judiciary start to emerge, and not until the first quarter of the twentieth century did it take anything like its present form. The book then charts how the pressure from Congress and the White House has continued to shape courts behaviour-first eliciting a mid-twentieth-century explosion in individual remedies, and then driving a five-decade long collapse. Judges themselves have not avidly resisted this decline, in part because of ideological reasons and in part out of institutional worries about a ballooning docket. Today, as a result of these trends, the courts are stingy with individual remedies, but aggressively enforce the so-called "structural" constitution of the separation of powers and federalism. This cocktail has highly regressive effects, and is in urgent need of reform"--

Download or read book Violence as Obscenity written by Kevin W. Saunders and published by . This book was released on 1996 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely and accessible volume takes a fresh approach to a question of increasing public concern: whether or not the federal government should regulate media violence. In Violence as Obscenity, Kevin W. Saunders boldly calls into question the assumption that violent material is protected by the First Amendment. Citing a recognized exception to the First Amendment that allows for the regulation of obscene material, he seeks to expand the definition of obscenity to include explicit and offensive depictions of violence. Saunders examines the public debate on media violence, the arguments of professional and public interest groups urging governmental action, and the media and the ACLU's desire for self-regulation. Citing research that links violence in the media to actual violence, Saunders argues that a present danger to public safety may be reduced by invoking the existing law on obscenity. Reviewing the justifications of that law, he finds that not only is the legal history relied on by the Supreme Court inadequate to distinguish violence from sex, but also many of the justifications apply more forcefully to instances of violence than to sexually explicit material that has been ruled obscene. Saunders also examines the actions that Congress, states, and municipalities have taken to regulate media violence as well as the legal limitations imposed on such regulations by the First Amendment protections given to speech and the press. In discussing the current operation of the obscenity exception and confronting the issue of censorship, he advocates adapting to the regulation of violent material the doctrine of variable obscenity, which applies a different standard for material aimed at youth, and the doctrine of indecency, which allows for federal regulation of broadcast material. Cogently and passionately argued, Violence as Obscenity will attract scholars of American constitutional law and mass communication, and general readers moved by current debates about media violence, regulation, and censorship.

Download or read book Violence as Obscenity written by Kevin W. Saunders and published by . This book was released on 1996 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely and accessible volume takes a fresh approach to a question of increasing public concern: whether or not the federal government should regulate media violence. In Violence as Obscenity, Kevin W. Saunders boldly calls into question the assumption that violent material is protected by the First Amendment. Citing a recognized exception to the First Amendment that allows for the regulation of obscene material, he seeks to expand the definition of obscenity to include explicit and offensive depictions of violence. Saunders examines the public debate on media violence, the arguments of professional and public interest groups urging governmental action, and the media and the ACLU's desire for self-regulation. Citing research that links violence in the media to actual violence, Saunders argues that a present danger to public safety may be reduced by invoking the existing law on obscenity. Reviewing the justifications of that law, he finds that not only is the legal history relied on by the Supreme Court inadequate to distinguish violence from sex, but also many of the justifications apply more forcefully to instances of violence than to sexually explicit material that has been ruled obscene. Saunders also examines the actions that Congress, states, and municipalities have taken to regulate media violence as well as the legal limitations imposed on such regulations by the First Amendment protections given to speech and the press. In discussing the current operation of the obscenity exception and confronting the issue of censorship, he advocates adapting to the regulation of violent material the doctrine of variable obscenity, which applies a different standard for material aimed at youth, and the doctrine of indecency, which allows for federal regulation of broadcast material. Cogently and passionately argued, Violence as Obscenity will attract scholars of American constitutional law and mass communication, and general readers moved by current debates about media violence, regulation, and censorship.

Download or read book Constitutional Rights of Prisoners written by John W. Palmer and published by Routledge. This book was released on 2014-09-19 with total page 1786 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text details critical information on all aspects of prison litigation, including information on trial and appeal, conditions of isolated confinement, access to the courts, parole, right to medical aid and liabilities of prison officials. Highlighted topics include application of the Americans with Disabilities Act to prisons, protection given to HIV-positive inmates, and actions of the Supreme Court and Congress to stem the flow of prison litigation. Part II contains Judicial Decisions Relating to Part I.

Download or read book Fracturing the Founding written by John E. Finn and published by Rowman & Littlefield. This book was released on 2019-03-15 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many in the radical right, including the Tea Party, the militia movement, the Alt-right, Christian nationalists, the Oath Keepers, neo-Nazis, and a host of others, brand themselves as constitutional patriots. In Fracturing the Founding: How the Alt-Right Corrupts the Constitution, John E. Finn, one of America’s leading constitutional scholars, argues that these professions of constitutional devotion serve an important function in mainstreaming the radical right’s ideological and policy agenda: to camouflage its racism, bigotry, and sexism to appeal to a broader audience. The constitution the extreme right holds as its faith is an odd admixture of the forgotten, the rejected, the racist, and the bizarre. Finn illuminates the central precepts of the Alt-constitution and shows how and where it differs from the (true) American Constitution. The differences are disturbing. The Alt-constitution emphasizes absolute rights and unassailable liberties (especially for freedom of speech and guns, no matter the public interest), states’ rights and a corresponding suspicion of the federal government, racial classifications recognized and legitimated by law, and privilege for white Christians. Finn’s book will appeal to all readers interested in contemporary American politics, the contemporary radical right, the Founding and the history of America’s constitution.

Download or read book Gun Control written by Matt Doeden and published by Twenty-First Century Books. This book was released on 2011-08-01 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: Americans are sharply divided on the issue of gun control. Some people believe that inadequate gun laws make the United States a dangerous place. They believe that stricter laws could keep guns away from children, criminals, and people with serious mental illness. Gun-control supporters say that reducing the number of guns in society also reduces the number of gun deaths. Other people strongly disagree. They believe that the shooters—not their guns—are to blame for gun-related deaths. Gun-rights activists argue that most gun owners are law-abiding citizens who actually prevent crime. They point out that existing gun laws strip Americans’ basic rights while failing to keep guns away from dangerous people. Making sense of the gun-control debate involves looking at the facts, studying the statistics, examining the laws, and listening to views on both sides. It also means asking tough questions: • Where do we draw the line between acceptable self-defense and excessive protection? • When should a person have to forfeit his or her gun rights? Is it ever OK for the government to restrict gun rights? • Should Americans be able to own any and all arms? Or should the government control which weapons are allowed? • Do background checks slow the flow of guns to people who shouldn't have them? Or are they useless invasions of privacy? • How can the government balance individual rights and the safety of society? To answer these questions, this book examines the history of U.S. gun ownership as well as current federal, state, and local laws. It provides the opinions and perspectives of government leaders, historians, activists, and ordinary Americans on both sides of the issue. Supplemented with quotes, anecdotes, and discussions from the pages of USA TODAY, The Nation's No. 1 Newspaper, this book will broaden your understanding of all sides of the issue and help you form your own opinion, either for or against gun control.