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 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 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 How Constitutional Rights Matter written by Adam Chilton and published by Oxford University Press, USA. This book was released on 2020 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does constitutionalizing rights improve respect for those rights in practice? Drawing on statistical analyses, survey experiments, and case studies from around the world, this book argues that enforcing constitutional rights is not easy, but that some rights are harder to repress than others. First, enshrining rights in constitutions does not automatically ensure that those rights will be respected. For rights to matter, rights violations need to be politically costly. But this is difficult to accomplish for unconnected groups of citizens. Second, some rights are easier to enforce than others, especially those with natural constituencies that can mobilize for their enforcement. This is the case for rights that are practiced by and within organizations, such as the rights to religious freedom, to unionize, and to form political parties. Because religious groups, trade unions and parties are highly organized, they are well-equipped to use the constitution to resist rights violations. As a result, these rights are systematically associated with better practices. By contrast, rights that are practiced on an individual basis, such as free speech or the prohibition of torture, often lack natural constituencies to enforce them, which makes it easier for governments to violate these rights. Third, even highly organized groups armed with the constitution may not be able to stop governments dedicated to rights-repression. When constitutional rights are enforced by dedicated organizations, they are thus best understood as speed bumps that slow down attempts at repression. An important contribution to comparative constitutional law, this book provides a comprehensive picture of the spread of constitutional rights, and their enforcement, around the world.

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 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 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 Constitutional Violence written by David Bates and published by . This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The eighteenth-century is usually looked to as the theoretical source for modern concepts of constitutionality, those political and legal forms that limit conflict. And yet the eighteenth century was also a period of almost constant war, within Europe and in the new global spaces of colonial rule. Though it is well known that new concepts of international law emerged in this period, surprisingly few commentators have established what connections there are between the violence of war and the elaboration of new ideas about constitutional limit. I will show that war played a crucial role in the Enlightenment invention of a modern existential concept of the political, where the violence of constitution was understood to be foundational.

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 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 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 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 Weapon of Choice written by Fredrick E. Ayres and published by Harvard University Press. This book was released on 2020-10-27 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: How ordinary Americans, frustrated by the legal and political wrangling over the Second Amendment, can fight for reforms that will both respect gun owners’ rights and reduce gun violence. Efforts to reduce gun violence in the United States face formidable political and constitutional barriers. Legislation that would ban or broadly restrict firearms runs afoul of the Supreme Court’s current interpretation of the Second Amendment. And gun rights advocates have joined a politically savvy firearm industry in a powerful coalition that stymies reform. Ian Ayres and Fredrick Vars suggest a new way forward. We can decrease the number of gun deaths, they argue, by empowering individual citizens to choose common-sense gun reforms for themselves. Rather than ask politicians to impose one-size-fits-all rules, we can harness a libertarian approach—one that respects and expands individual freedom and personal choice—to combat the scourge of gun violence. Ayres and Vars identify ten policies that can be immediately adopted at the state level to reduce the number of gun-related deaths without affecting the rights of gun owners. For example, Donna’s Law, a voluntary program whereby individuals can choose to restrict their ability to purchase or possess firearms, can significantly decrease suicide rates. Amending Red Flag statutes, which allow judges to restrict access to guns when an individual has shown evidence of dangerousness, can give police flexible and effective tools to keep people safe. Encouraging the use of unlawful possession petitions can help communities remove guns from more than a million Americans who are legally disqualified from owning them. By embracing these and other new forms of decentralized gun control, the United States can move past partisan gridlock and save lives now.

Download or read book Progressive Constitutionalism written by Robin West and published by Duke University Press. This book was released on 1994 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Fourteenth Amendment guarantees all citizens equal protection under the law as well as immunity from laws that deprive them of life, liberty, or property without due process of law. In Progressive Constitutionalism, Robin West develops an interpretation of this amendment that contrasts with the views, conservative and liberal, of the Rehnquist, Burger, and Warren Courts, and with the radical "antisubordinationist" account provided by the critical legal studies movement and many prominent feminist and critical race theorists. Her interpretation consists of a "substantive" argument regarding the Amendment's core meaning, and a jurisprudential argument regarding the role of the courts and Congress in fulfilling the Amendment's progressive promise. West shows how the "equal protection" clause, far from insulating the private spheres of culture, market, and home life, as is commonly held, directly targets abuses of power within those spheres. She develops a number of arguments for the modern relevance of this understanding, from the failure of the state to provide equal protection against private domestic violence, permitting a "private sovereignty" of patriarchal power within the home, to the the state's failure to provide equal protection against material deprivation, allowing "private sovereignty" between economically privileged and desperate people in private markets. West's argument extends to the "liberty" prong of the due process clause, seen here as a protection of the positive, not negative, liberty of citizens, covering rights in such typically controversial areas as welfare, education, and domestic safety. This interpretation recasts a number of contemporary constitutional issues, such as affirmative action and hate speech, and points to very different problems--notably private, unchecked criminal violence and extreme economic deprivation--as the central constitutional dilemmas of our day. Progressive Constitutionalism urges a substantive, institutional, and jurisprudential reorientation of our understanding of the Fourteenth Amendment, one that would necessarily be pursued through Congressional rather than judicial channels. In doing so, with attention to history and both feminist and critical race scholarship, it should reinvigorate our politics and our constitutional conversations--and, perhaps, point us toward a more just society.

Download or read book Crimes of Violence Motivated by Gender written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Civil and Constitutional Rights and published by . This book was released on 1994 with total page 138 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Enemies of the Constitution Discovered written by William Thomas and published by . This book was released on 1835 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: