Download or read book Judicial Review and American Conservatism written by Robert Daniel Rubin and published by Cambridge University Press. This book was released on 2017-03-20 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Christian Right of the 1980s forged its political identity largely in response to what it perceived as liberal 'judicial activism'. Robert Daniel Rubin tells this story as it played out in Mobile, Alabama. There, a community conflict pitted a group of conservative evangelicals, a sympathetic federal judge, and a handful of conservative intellectuals against a religious agnostic opposed to prayer in schools, and a school system accused of promoting a religion called 'secular humanism'. The twists in the Mobile conflict speak to the changes and continuities that marked the relationship of 1980s' religious conservatism to democracy, the courts, and the Constitution. By alternately focusing its gaze on the local conflict and related events in Washington, DC, this book weaves a captivating narrative. Historians, political scientists, and constitutional lawyers will find, in Rubin's study, a challenging new perspective on the history of the Christian Right in the United States.
Download or read book Conservative Thought and American Constitutionalism Since the New Deal written by Johnathan O'Neill and published by JHU Press. This book was released on 2022-11-29 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In this work of intellectual history, the author identifies four transformations in federal goverrnment that followed the New Deal: the rise of the administrative state, the erosion of federalism, the ascendance of the modern presidency, and the development of modern judicial review. He then considers how schools of conservative thought (traditionalists, neoconservatives, libertarians, Straussians) responded to each transformation"--
Download or read book The Rise of the Conservative Legal Movement written by Steven Michael Teles and published by . This book was released on 2008-01-01 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: Starting in the 1970s, conservatives learned that electoral victory did not easily convert into a reversal of important liberal accomplishments, especially in the law. As a result, conservatives' mobilizing efforts increasingly turned to law schools, professional networks, public interest groups, and the judiciary--areas traditionally controlled by liberals. Drawing from internal documents, as well as interviews with key conservative figures, The Rise of the Conservative Legal Movement examines this sometimes fitful, and still only partially successful, conservative challenge to liberal domination of the law and American legal institutions. Unlike accounts that depict the conservatives as fiendishly skilled, The Rise of the Conservative Legal Movement reveals the formidable challenges that conservatives faced in competing with legal liberalism. Steven Teles explores how conservative mobilization was shaped by the legal profession, the legacy of the liberal movement, and the difficulties in matching strategic opportunities with effective organizational responses. He explains how foundations and groups promoting conservative ideas built a network designed to dislodge legal liberalism from American elite institutions. And he portrays the reality, not of a grand strategy masterfully pursued, but of individuals and political entrepreneurs learning from trial and error. Using previously unavailable materials from the Olin Foundation, Federalist Society, Center for Individual Rights, Institute for Justice, and Law and Economics Center, The Rise of the Conservative Legal Movement provides an unprecedented look at the inner life of the conservative movement. Lawyers, historians, sociologists, political scientists, and activists seeking to learn from the conservative experience in the law will find it compelling reading.
Download or read book Two Forms of Conservatism written by William E. Nelson and published by University Press of Kansas. This book was released on 2024-06-26 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: The period between 1860 and 1920—inclusive of the Gilded Age and much of the Lochner era in legal history—is typically regarded as the heyday of conservative jurisprudence. According to this received wisdom, conservative judges and much of the legal profession were on the side of big business and the rich. Judges in this period subscribed to “classical” legal thought, and it was only when this was supplanted by “progressive” legal thought that courts reached decisions critical of business. Renowned legal historian William E. Nelson seeks to correct this narrative by examining in close detail the work of judges in the single jurisdiction of New York as well as the rulings of US Supreme Court justices. What he finds is another type of conservatism besides the one that favors the rich. Instead, the judges in this period often reached decisions that were critical of business. Many of their accomplishments were forward-looking and progressive in character but conservative for another reason: they rigidly followed precedent, with only occasional exceptions. While some legal realists see the emphasis on precedent as a veneer to hide the judges’ policy preferences, Nelson shows that this explanation does not fit the evidence. The judges had no consistent policy preferences, and their decisions favored a wide array of policies. Two Forms of Conservatism is the work of an expert historian with an eye for detail and a deep understanding of legal thought. He shows that these New York judges, who were quite conservative regarding the law, nevertheless laid the foundation for the liberalism of later political leaders.
Download or read book Conservative Crisis and the Rule of Law written by Arnold M. Paul and published by Peter Smith Publisher. This book was released on 1976 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Dilemmas of American Conservatism written by Kenneth L. Deutsch and published by University Press of Kentucky. This book was released on 2010-09-24 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the second half of the twentieth century, American conservatism emerged from the shadow of New Deal liberalism and developed into a movement exerting considerable influence on the formulation and execution of public policy in the United States. During that period, the political philosophers who provided the intellectual foundations for the American conservative movement were John H. Hallowell, Eric Voegelin, Leo Strauss, Richard Weaver, Russell Kirk, Robert Nisbet, John Courtney Murray, Friedrich Hayek, and Willmoore Kendall. By offering a comprehensive analysis of their thoughts and beliefs, The Dilemmas of American Conservatism both illuminates the American conservative imagination and reveals its most serious contradictions. The contributing authors question whether a core set of conservative principles can be determined based on the frequently diverging perspectives of these key philosophers.
Download or read book The Most Activist Supreme Court in History written by Thomas M. Keck and published by University of Chicago Press. This book was released on 2010-02-15 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: When conservatives took control of the federal judiciary in the 1980s, it was widely assumed that they would reverse the landmark rights-protecting precedents set by the Warren Court and replace them with a broad commitment to judicial restraint. Instead, the Supreme Court under Chief Justice William Rehnquist has reaffirmed most of those liberal decisions while creating its own brand of conservative judicial activism. Ranging from 1937 to the present, The Most Activist Supreme Court in History traces the legal and political forces that have shaped the modern Court. Thomas M. Keck argues that the tensions within modern conservatism have produced a court that exercises its own power quite actively, on behalf of both liberal and conservative ends. Despite the long-standing conservative commitment to restraint, the justices of the Rehnquist Court have stepped in to settle divisive political conflicts over abortion, affirmative action, gay rights, presidential elections, and much more. Keck focuses in particular on the role of Justices O'Connor and Kennedy, whose deciding votes have shaped this uncharacteristically activist Court.
Download or read book American Conservatism written by Sanford V. Levinson and published by NYU Press. This book was released on 2016-05-17 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt: "About half of the essays date back to panels of the American Society for Political and Legal Philosophy that were held in January of 2007 (at the annual meeting of the American Association of Law Schools; the remainder were delivered at a conference held at the University of Texas Law in September 2012"--Preface.
Download or read book Justice Antonin Scalia and the Conservative Revival written by Richard A. Brisbin and published by JHU Press. This book was released on 1998-09-25 with total page 494 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most comprehensive study of Justice Scalia's politics and jurisprudence yet published, Justice Antonin Scalia and the Conservative Revival joins a vital discussion on contemporary American conservatism and the use of the law to restrain or undermine the New Deal state.
Download or read book Judicial Review and the Conservative Background of American Courts Until 1835 written by Barry A. Crouch and published by . This book was released on 1964 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Upstream written by Alfred S. Regnery and published by Simon and Schuster. This book was released on 2008-02-12 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: Alfred S. Regnery, the publisher of The American Spectator, has been a part of the American conservative movement since childhood, when his father founded The Henry Regnery Company, which subsequently became Regnery Publishing -- the preeminent conservative publishing house that, among other notable achievements, published William F. Buckley's first book, God and Man at Yale. Including many uniquely personal anecdotes and stories, Regnery himself now boldly chronicles the development of the conservative movement from 1945 to the present. The outpouring of grief at the funeral of Ronald Reagan in 2004 -- and the acknowledgment that Reagan has come to be considered one of the greatest presidents of the twentieth century -- is Regnery's opening for a fascinating insider story. Beginning at the start of the twentieth century, he shows how in the years prior to and just post World War II, expanding government power at home and the expanding Communist empire abroad inspired conservatives to band together to fight these threats. The founding of the National Review, the drive to nominate Barry Goldwater first as vice-president and later as president, the apparent defeat of the conservative movement at the hands of Lyndon Johnson, and the triumphant rise of Ronald Reagan from the ashes are all chronicled in vivid prose that shows a uniquely intimate knowledge of the key figures. Regnery shares his views on the opposition that formed in response to Earl Warren's Supreme Court rulings, the role of faith (both Roman Catholic and Evangelical) in the renewed vigor of conservatism, and the contributing role of American businessmen who attempted to oppose big government. Upstream ultimately gives perspective to how the most vibrant political and cultural force of our time has influenced American culture, politics, economics, foreign policy, and all institutions and sectors of American life.
Download or read book The Federalist Society written by Michael Avery and published by Vanderbilt University Press. This book was released on 2021-04-30 with total page 503 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last thirty years, the Federalist Society for Law and Public Policy Studies has grown from a small group of disaffected conservative law students into an organization with extraordinary influence over American law and politics. Although the organization is unknown to the average citizen, this group of intellectuals has managed to monopolize the selection of federal judges, take over the Department of Justice, and control legal policy in the White House. Today the Society claims that 45,000 conservative lawyers and law students are involved in its activities. Four Supreme Court Justices--Antonin Scalia, Clarence Thomas, John Roberts, and Samuel Alito--are current or former members. Every single federal judge appointed in the two Bush presidencies was either a Society member or approved by members. During the Bush years, young Federalist Society lawyers dominated the legal staffs of the Justice Department and other important government agencies. The Society has lawyer chapters in every major city in the United States and student chapters in every accredited law school. Its membership includes economic conservatives, social conservatives, Christian conservatives, and libertarians, who differ with each other on significant issues, but who cooperate in advancing a broad conservative agenda. How did this happen? How did this group of conservatives succeed in moving their theories into the mainstream of legal thought? What is the range of positions of those associated with the Federalist Society in areas of legal and political controversy? The authors survey these stances in separate chapters on • regulation of business and private property • race and gender discrimination and affirmative action • personal sexual autonomy, including abortion and gay rights • American exceptionalism and international law
Download or read book Toward an American Conservatism written by Joseph W. Postell and published by Springer. This book was released on 2013-11-12 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the Progressive Era (1880-1920), leading thinkers and politicians transformed American politics. Historians and political scientists have given a great deal of attention to the progressives who effected this transformation. Yet relatively little is known about the conservatives who opposed these progressive innovations, despite the fact that they played a major role in the debates and outcomes of this period of American history. These early conservatives represent a now-forgotten source of inspiration for modern American conservatism. This volume gives these constitutional conservatives their first full explanation and demonstrates their ongoing relevance to contemporary American conservatism.
Download or read book Ideas with Consequences written by Amanda Hollis-Brusky and published by Studies in Postwar American Po. This book was released on 2015 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many of these questions--including the powers of the federal government, the individual right to bear arms, and the parameters of corporate political speech--had long been considered settled. But the Federalist Society was able to upend the existing conventional wisdom, promoting constitutional theories that had previously been dismissed as ludicrously radical. Hollis-Brusky argues that the Federalist Society offers several of the crucial ingredients needed to accomplish this constitutional revolution. It serves as a credentialing institution for conservative lawyers and judges, legitimizes novel interpretations of the constitution through a conservative framework, and provides a judicial audience of like-minded peers, which prevents the well-documented phenomenon of conservative judges turning moderate after years on the bench. Through these functions, it is able to exercise enormous influence on important cases at every level.
Download or read book The Myth of the Imperial Judiciary written by Mark Kozlowski and published by NYU Press. This book was released on 2006-01-01 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: Few institutions have become as ferociously fought over in democratic politics as the courts. While political criticism of judges in this country goes back to its inception, today’s intensely ideological assault is nearly unprecedented. Spend any amount of time among the writings of contemporary right-wing critics of judicial power, and you are virtually assured of seeing repeated complaints about the “imperial judiciary.” American conservatives contend not only that judicial power has expanded dangerously in recent decades, but that liberal judges now willfully write their policy preferences into law. They raise alarms that American courts possess a degree of power incompatible with the functioning of a democratic polity. The Myth of the Imperial Judiciary explores the anti-judicial ideological trend of the American right, refuting these claims and taking a realistic look at the role of courts in our democracy to show that conservatives have a highly unrealistic conception of their power. Kozlowski first assesses the validity of the conservative view of the Founders’ intent, arguing that courts have played an assertive role in our politics since their establishment. He then considers contemporary judicial powers to show that conservatives have greatly overstated the extent to which the expansion of rights which has occurred has worked solely to the benefit of liberals. Kozlowski reveals the ways in which the claims of those on the right are often either unsupported or simply wrong. He concludes that American courts, far from imperiling our democracy or our moral fabric, stand as a bulwark against the abuse of legislative power, acting forcefully, as they have always done, to give meaning to constitutional promises.
Download or read book The Conservative Sensibility written by George F. Will and published by Hachette Books. This book was released on 2019-06-04 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Pulitzer Prize-winning columnist's "astonishing" and "enthralling" New York Times bestseller and Notable Book about how the Founders' belief in natural rights created a great American political tradition (Booklist) -- "easily one of the best books on American Conservatism ever written" (Jonah Goldberg). For more than four decades, George F. Will has attempted to discern the principles of the Western political tradition and apply them to America's civic life. Today, the stakes could hardly be higher. Vital questions about the nature of man, of rights, of equality, of majority rule are bubbling just beneath the surface of daily events in America. The Founders' vision, articulated first in the Declaration of Independence and carried out in the Constitution, gave the new republic a framework for government unique in world history. Their beliefs in natural rights, limited government, religious freedom, and in human virtue and dignity ushered in two centuries of American prosperity. Now, as Will shows, conservatism is under threat -- both from progressives and elements inside the Republican Party. America has become an administrative state, while destructive trends have overtaken family life and higher education. Semi-autonomous executive agencies wield essentially unaccountable power. Congress has failed in its duty to exercise its legislative powers. And the executive branch has slipped the Constitution's leash. In the intellectual battle between the vision of Founding Fathers like James Madison, who advanced the notion of natural rights that pre-exist government, and the progressivism advanced by Woodrow Wilson, the Founders have been losing. It's time to reverse America's political fortunes. Expansive, intellectually thrilling, and written with the erudite wit that has made Will beloved by millions of readers, The Conservative Sensibility is an extraordinary new book from one of America's most celebrated political writers.
Download or read book The Making of the American Conservative Mind written by Jeffrey Hart and published by Open Road Media. This book was released on 2014-05-06 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: National Review has been the leading conservative national magazine since it was founded in 1955, and in that capacity it has played a decisive role in shaping the conservative movement in the United States. In The Making of the American Conservative Mind, Jeffrey Hart provides an authoritative and high-spirited history of how the magazine has come to define and defend conservatism for the past fifty years. He also gives a firsthand account of the thought and sometimes colorful personalities—including James Burnham, Willmoore Kendall, Russell Kirk, Frank Meyer, William Rusher, Priscilla Buckley, Gerhart Niemeyer, and, of course, the magazine’s founder, William F. Buckley Jr.—who contributed to National Review’s life and wide influence. As Hart sees it, National Review has regularly veered toward ideology, but it has also regularly corrected its course toward, in Buckley’s phrase, a “politics of reality.” Its catholicity and originality—attributable to Buckley’s magnanimity and sense of showmanship—has made the magazine the most interesting of its kind in the nation, concludes Hart. His highly readable and occasionally contrarian history, the first history of National Review yet published, marks another milestone in our understanding of how the conservatism now so influential in American political life draws from, and in some ways repudiates, the intellectual project that National Review helped launch a half century ago.
