Download or read book Covenant and Constitutionalism written by Daniel Elazar and published by Routledge. This book was released on 2018-02-06 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume traces the trends and the developing relationships of constitutionalism and covenant that ultimately led to the transformation of the latter into the former. Elazar explores the paths that emerged out of the constitutionalized covenantal tradition in Europe such as federalism, communitarianism, and the cooperative movement.

Download or read book Covenant Polity and Constitutionalism written by Daniel Judah Elazar and published by . This book was released on 1983 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Co-published with the Center for the Study of Federalism. Contents: From the Editors; The Political Theory of Covenant: Biblical Origins and Modern Developments by Daniel J. Elazar; Influential Models of Political Association in the Western Tradition by John Kincaid; Questions of Path and Questions of Covenant by John F.A. Taylor; The Process of Covenant by Gordon M. Freeman; Hobbes, Covenant, and Constitution by Vincent Ostrom; From Covenant to Constitution in American Political Thought by Donald S. Lutz; Covenant and the Federal Constitution by Neal Riemer; The Impact of Covenant and Contract Theories on Conceptions of the U.S. Constitutions by Rozann Rothman; The Founding of American Local Communities: A Study of Covenantal and Other Forms of Associations by Stephen L. Schechter.

Download or read book The Biblical Roots of American Constitutionalism written by Joseph Livni and published by Rowman & Littlefield. This book was released on 2021-04-14 with total page 171 pages. Available in PDF, EPUB and Kindle. Book excerpt: According to the conventional wisdom American constitutional democracy stemmed from Athenian democracy, Roman Law, English legal practices, and the Magna Carta. This book agrees that democracy was born in Athens. However, as the title suggests, the thesis of this book claims that constitutionalism in the sense of an agreed text sanctioning procedures of legislation, government, and power flow germinated in pre-state Israel better known as Israel of the Judges. The thesis of the book consists of three concepts: (1) The roots of American constitutionalism are in biblical Israel; this concept has been debated by scholars of constitutional history. (2) Proto-Israel also known as Israel of the Judges had no king as the Book of Judges claims; however it had a covenant which it enforced. Naturally, this belief is as old as the Bible; however, its proof is new. (3) American constitutionalism did not stem from studying and applying biblical recipes. It rather evolved through a sequence of embodiments each passing on the torch of essential traditions to its heir. This concept is new. The book is not intended to shake your understanding of the constitution; however it will answer questions you might have asked or even questions you never asked.

Download or read book Constitutional Faith written by Sanford Levinson and published by Princeton University Press. This book was released on 2011-09-11 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The book is intended to make clearer the ambiguities of "constitutional faith," i.e. wholehearted attachment to the Constitution as the center of one's (and ultimately the nation's) political life."--The introduction.

Download or read book The Covenant Connection written by Daniel Judah Elazar and published by Lexington Books. This book was released on 2000 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: American, European, political, and theological histories intersect in this important new exploration of the founding of the United States. The Covenant Connection examines the way in which the Protestant Reformation and federal covenant theology, which lay at the foundation of Reformed Protestantism in its Calvinist version, played a major role in shaping the political life and ideas of the colonies of British North America and ultimately the new United States of America. Contributors to the volume look at the most critical facets of this connection over nearly three centuries, from the beginning of the Reformation in sixteenth-century Zurich to the declaration of American independence and the writing of the U.S. Constitution. Individual chapters show how federal theology led to a revival of Biblical republicanism in Reformation Europe; how it was applied and modified in countries such as Switzerland, the Netherlands, Scotland, and England; and how it was carried across the Atlantic by the early settlers of North Americamost particularly the Puritans but also other groups such as the Dutch and the Scottishto form the matrix for American constitutionalism, democratic republicanism, and federalism. As a collection, The Covenant Connection provides an irrefutable analysis of the profound biblical and Reformation influences on the founding of America.

Download or read book The Origins of American Constitutionalism written by Donald S. Lutz and published by Lsu Press. This book was released on 1988 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Origins of American Constitutionalism, Donald S. Lutz challenges the prevailing notion that the United States Constitution was either essentially inherited from the British or simply invented by the Federalists in the summer of 1787. His political theory of constitutionalism acknowledges the contributions of the British and the Federalists. Lutz also asserts, however, that the U.S. Constitution derives in form and content from a tradition of American colonial characters and documents of political foundation that began a century and a half prior to 1787. Lutz builds his argument around a close textual analysis of such documents as the Mayflower Compact, the Fundamental Orders of Connecticut, the Rode Island Charter of 1663, the first state constitutions, the Declaration of Independence, and the Articles of Confederation. He shows that American Constitutionalism developed to a considerable degree from radical Protestant interpretations of the Judeo-Christian tradition that were first secularized into political compacts and then incorporated into constitutions and bills of rights. Over time, appropriations that enriched this tradition included aspects of English common law and English Whig theory. Lutz also looks at the influence of Montesquieu, Locke, Blackstone, and Hume. In addition, he details the importance of Americans' experiences and history to the political theory that produced the Constitution. By placing the Constitution within this broader constitutional system, Lutz demonstrates that the document is the culmination of a long process and must be understood within this context. His argument also offers a fresh view of current controversies over the Framers' intentions, the place of religion in American politics, and citizens' continuing role in the development of the constitutional tradition.

Download or read book Covenant and Civil Society written by Daniel Elazar and published by Routledge. This book was released on 2018-02-06 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essence of the covenant tradition is the idea of human beings freely associating for common purposes through pacts of mutual commitment. In the political realm, the idea of covenant has been particularly influential in frontierlands. Reinformed by the idea of the federated commonwealth that emerged out of the Protestant Reformation, covenant eventually fostered the establishment of the United States of America and our modern idea of federalism. More recently, these great products of the covenant tradition helped to bring about the collapse of twentieth-century totalitarianism and fueled a new spirit in contemporary political life throughout the world. A return to political covenantalism seems to be an appropriate response to the crisis of modern civilization and the new epoch after World War II. Covenant and Civil Society is the final volume in Elazar's monumental series The Covenant Tradition in Politics. In it, he traces the tradition's rebirth and development in the modern epoch.Covenant and Civil Society also considers issues of communal solidarity on a postmodern basis. Elazar traces the transition from the covenanted commonwealth of the Protestant Reformation to the civil society of the modern epoch, and explores the covenant's role in the modern statist era and the development of modern democracy. Scandiriavia, and the Latin-Germanic borderlands, many of which are typically thought of as examples of organic or hierarchical models. Elazar argues that a covenantal model is more appropriate and is part of the Western tradition as such.The book concludes with examination of the present and future of covenantal thought. Today, the global spread of federalism, most clearly seen in the formation of the European Union, is also seen in local and private arenas. Elazar considers the benefits of covenantal thought while balancing such optimism with a realistic sense of its limits. As a prescription for change, Covenant and Civil Society is a fundamental and original contribution. Along with the previous volumes in this series, all available from Transaction, it will be of deep interest to historians, social scientists, political theorists, and theologians of all persuasions.

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 Constitution of the CCC written by Covenant Christian Coalition and published by Covenant Press. This book was released on 2017-01-31 with total page 6 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a downloadable and printable version of the Constitution of the Covenant Christian Coalition.

Download or read book The Living Constitution written by David A. Strauss and published by Oxford University Press. This book was released on 2010-05-19 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: Supreme Court Justice Antonin Scalia once remarked that the theory of an evolving, "living" Constitution effectively "rendered the Constitution useless." He wanted a "dead Constitution," he joked, arguing it must be interpreted as the framers originally understood it. In The Living Constitution, leading constitutional scholar David Strauss forcefully argues against the claims of Scalia, Clarence Thomas, Robert Bork, and other "originalists," explaining in clear, jargon-free English how the Constitution can sensibly evolve, without falling into the anything-goes flexibility caricatured by opponents. The living Constitution is not an out-of-touch liberal theory, Strauss further shows, but a mainstream tradition of American jurisprudence--a common-law approach to the Constitution, rooted in the written document but also based on precedent. Each generation has contributed precedents that guide and confine judicial rulings, yet allow us to meet the demands of today, not force us to follow the commands of the long-dead Founders. Strauss explores how judicial decisions adapted the Constitution's text (and contradicted original intent) to produce some of our most profound accomplishments: the end of racial segregation, the expansion of women's rights, and the freedom of speech. By contrast, originalism suffers from fatal flaws: the impossibility of truly divining original intent, the difficulty of adapting eighteenth-century understandings to the modern world, and the pointlessness of chaining ourselves to decisions made centuries ago. David Strauss is one of our leading authorities on Constitutional law--one with practical knowledge as well, having served as Assistant Solicitor General of the United States and argued eighteen cases before the United States Supreme Court. Now he offers a profound new understanding of how the Constitution can remain vital to life in the twenty-first century.

Download or read book Christianity and Constitutionalism written by Nicholas Aroney and published by Oxford University Press. This book was released on 2022-09-27 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first volume of its kind, Christianity and Constitutionalism explores the contribution of Christianity to constitutional law and constitutionalism as viewed from the perspectives of history, law, and theology. The authors examine a wide range of key figures, including Augustine, Thomas Aquinas, Moses, Martin Luther, and Roger Williams, offering innovative and thoughtful analyses of the relationship between religious thought and constitutional law. Part I features contributions from historians and is focused on the historical influence of Christianity on constitutionalism, recounting how the relationship between the Christian faith and fundamental ideas about law, justice, and government has evolved from era to era. Part II offers the analyses of constitutional lawyers, focusing on the normative implications of Christianity for particular themes or topics in constitutional law. The chapters in this section orbit around several central doctrines and principles of this field--including sovereignty, the rule of law, democracy, the separation of powers, human rights, conscience, and federalism--evaluating them from a range of Christian perspectives. Part III rounds out the study with theologians focused on particular Christian doctrines, exploring their constructive and sometimes critical implications for constitutionalism. As a whole, Christianity and Constitutionalism breaks new ground by offering wide-ranging, interdisciplinary contributions to the study of the relationship between the Christian religion and constitutional law.

Download or read book Covenant and Civil Society written by Daniel Judah Elazar and published by Transaction Publishers. This book was released on with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: Part 4 of this important series considers issues of communal solidarity on a postmodern basis. Elazar traces the transition from the covenanted commonwealth of the Protestant Reformation to the civil society of the modern epoch, and explores the covenant's role in the modern statist era and the development of modern democracy. Elazar concludes with an examination of the present and future of covenantal thought.

Download or read book Tocqueville Covenant and the Democratic Revolution written by Barbara Allen and published by Lexington Books. This book was released on 2005 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tocqueville, Covenant, and the Democratic Revolution examines the intellectual and institutional context in which Alexis de Tocqueville developed his understanding of American political culture, with its profound influence on his democratic theory. This book also examines Tocqueville's claim that religious beliefs are among the most important determinants of a people's social structure and political institutions.

Download or read book Constitutional Faith written by Sanford Levinson and published by Princeton University Press. This book was released on 2011-08-22 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the "constitutional faith" that has, since 1788, been a central component of American "civil religion." By taking seriously the parallel between wholehearted acceptance of the Constitution and religious faith, Sanford Levinson opens up a host of intriguing questions about what it means to be American. While some view the Constitution as the central component of an American religion that serves to unite the social order, Levinson maintains that its sacred role can result in conflict, fragmentation, and even war. To Levinson, the Constitution's value lies in the realm of the discourse it sustains: a uniquely American form of political rhetoric that allows citizens to grapple with every important public issue imaginable. In a new afterword, Levinson looks at the deepening of constitutional worship and attributes the current widespread frustrations with the government to the static nature of the Constitution.

Download or read book Colonial Origins of the American Constitution written by Donald S. Lutz and published by . This book was released on 1998 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents 80 documents selected to reflect Eric Voegelin's theory that in Western civilization basic political symbolizations tend to be variants of the original symbolization of Judeo-Christian religious tradition. These documents demonstrate the continuity of symbols preceding the writing of the Constitution and all contain a number of basic symbols such as: a constitution as higher law, popular sovereignty, legislative supremacy, the deliberative process, and a virtuous people. Annotation copyrighted by Book News, Inc., Portland, OR

Download or read book The Foundations of American Constitutionalism written by Andrew Cunningham McLaughlin and published by The Lawbook Exchange, Ltd.. This book was released on 2002 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study locates the principles of the United States Constitution in the political philosophy of colonial New England, Puritan practices and the ideals of English personal rights and limited government common to all of the colonies.

Download or read book Approaching the U S Constitution written by Kerry L. Hunter and published by Lexington Books. This book was released on 2014-06-18 with total page 175 pages. Available in PDF, EPUB and Kindle. Book excerpt: By reminding readers that early Supreme Court justices refused to reduce the Constitution to a mere legal document, Approaching the U.S. Constitution provides a definitive response to Reading Law by Antonin Scalia and Bryan Garner. Turning to the vision of Alexander Hamilton found in Federalists No. 78, Hunter argues that rather than seeing the judiciary as America’s legal guardian, Hamilton looked to independent individuals of integrity on the judiciary to be the nation’s collective conscience. For Hamilton, the judiciary’s authority over the legislature does not derive from positive law but is extra-legal by 'design' and is purely moral. By emphasizing the legal expertise of judges alone, individuals such as Justice Scalia mistakenly demand that judges exercise no human ethical judgment whatsoever. Yet the more this happens, the more the “rule of law” is replaced by the rule of lawyers. Legal sophistry becomes the primary currency wherewith society’s ethical and moral questions are resolved. Moreover, the alleged neutrality of legal analysis is deceptive with its claims of judicial modesty. It is not only undemocratic, it is dictatorial and highly elitist. Public debate over questions of fairness is replaced by an exclusive legalistic debate between lawyers over what is legal. The more Scalia and Garner realize their agenda, the more all appeals to what is moral will be effectively removed from political debate. 'Conservatives' lament the 'removing God from the classroom,' by 'liberals,' yet if the advocates of legalism get their way, God will be effectively removed from the polis altogether. The answer to preserving both separation of powers and the American commitment to unalienable human rights is to view the Supreme Court in the same way early founders such as Hamilton did and in the way President Abraham Lincoln urged. The Court’s most important function in exercising the power of judicial review is to serve as the nation’s conscience just as it did in Brown v. Board of Education.