Download or read book Progressive States Rights written by Sean Beienburg and published by University Press of Kansas. This book was released on 2024-03-29 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today, when politicians, pundits, and scholars speak of states’ rights, they are usually referring to Southern efforts to curtail the advance of civil rights policies or to conservative opposition to the federal government under the New Deal, Great Society, and Warren Court. Sean Beienburg shows that this was not always the case, and that there was once a time when federalism—the form of government that divides powers between the state and federal governments—was associated with progressive, rather than conservative, politics. In Progressive States’ Rights, Sean Beienburg tells an alternative story of federalism by exploring states’ efforts in the years before the New Deal of shaping constitutional discourse to ensure that a protective welfare and regulatory governmental regime would be built in the states rather than the national government. These state-level actors not only aggressively participated in constitutional politics and interpretation but also specifically sought to create an alternative model of state-building that would pair a robust state power on behalf of the public good with a traditionally limited national government. Current politics generally collapse policy and constitutional views (where a progressive view on one policy also assumes a progressive view on the other), but Beienburg shows that this was not always true, and indeed many of those most devoted to progressive policy views were deeply committed to a conservative constitutionalism.

Download or read book We the People written by Erwin Chemerinsky and published by Picador. This book was released on 2018-11-13 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This work will become the defining text on progressive constitutionalism — a parallel to Thomas Picketty’s contribution but for all who care deeply about constitutional law. Beautifully written and powerfully argued, this is a masterpiece." --Lawrence Lessig, Harvard Law School, and author of Free Culture Worried about what a super conservative majority on the Supreme Court means for the future of civil liberties? From gun control to reproductive health, a conservative court will reshape the lives of all Americans for decades to come. The time to develop and defend a progressive vision of the U.S. Constitution that protects the rights of all people is now. University of California Berkeley Dean and respected legal scholar Erwin Chemerinsky expertly exposes how conservatives are using the Constitution to advance their own agenda that favors business over consumers and employees, and government power over individual rights. But exposure is not enough. Progressives have spent too much of the last forty-five years trying to preserve the legacy of the Warren Court’s most important rulings and reacting to the Republican-dominated Supreme Courts by criticizing their erosion of rights—but have not yet developed a progressive vision for the Constitution itself. Yet, if we just look to the promise of the Preamble—liberty and justice for all—and take seriously its vision, a progressive reading of the Constitution can lead us forward as we continue our fight ensuring democratic rule, effective government, justice, liberty, and equality. Includes the Complete Constitution and Amendments of the United States of America

Download or read book How Progressives Rewrote the Constitution written by Richard A. Epstein and published by Cato Institute. This book was released on 2007-09-25 with total page 175 pages. Available in PDF, EPUB and Kindle. Book excerpt: How Progressives Rewrote the Constitution explores the fundamental shift in political and economic thought of the Progressive Era and how the Supreme Court was used to transform the Constitution into one that reflected the ideas of their own time, while undermining America’s founding principles. Epstein examines key decisions to demonstrate how Progressives attacked much of the legal precedent and eventually weakened the Court’s thinking concerning limited federal powers and the protection of individual rights. Progressives on the Court undermined basic economic principles of freedom and competition, paving the way for the modern redistributive and regulatory state. This book shows that our modern “constitutional law,” fashioned largely by the New Deal Court in the late 1930s, has its roots in Progressivism, not in our country's founding principles, and how so many of those ideas, however discredited by more recent economic thought, still shape the Court's decisions.

Download or read book Prohibition the Constitution and States Rights written by Sean Beienburg and published by University of Chicago Press. This book was released on 2019-06-20 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: Colorado’s legalization of marijuana spurred intense debate about the extent to which the Constitution preempts state-enacted laws and statutes. Colorado’s legal cannabis program generated a strange scenario in which many politicians, including many who freely invoke the Tenth Amendment, seemed to be attacking the progressive state for asserting states’ rights. Unusual as this may seem, this has happened before—in the early part of the twentieth century, as America concluded a decades-long struggle over the suppression of alcohol during Prohibition. Sean Beienburg recovers a largely forgotten constitutional debate, revealing how Prohibition became a battlefield on which skirmishes of American political development, including the debate over federalism and states’ rights, were fought. Beienburg focuses on the massive extension of federal authority involved in Prohibition and the passage of the Eighteenth Amendment, describing the roles and reactions of not just Congress, the presidents, and the Supreme Court but political actors throughout the states, who jockeyed with one another to claim fidelity to the Tenth Amendment while reviling nationalism and nullification alike. The most comprehensive treatment of the constitutional debate over Prohibition to date, the book concludes with a discussion of the parallels and differences between Prohibition in the 1920s and debates about the legalization of marijuana today.

Download or read book Louis D Brandeis written by Jeffrey Rosen and published by Yale University Press. This book was released on 2016-06-01 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: According to Jeffrey Rosen, Louis D. Brandeis was “the Jewish Jefferson,” the greatest critic of what he called “the curse of bigness,” in business and government, since the author of the Declaration of Independence. Published to commemorate the hundredth anniversary of his Supreme Court confirmation on June 1, 1916, Louis D. Brandeis: American Prophet argues that Brandeis was the most farseeing constitutional philosopher of the twentieth century. In addition to writing the most famous article on the right to privacy, he also wrote the most important Supreme Court opinions about free speech, freedom from government surveillance, and freedom of thought and opinion. And as the leader of the American Zionist movement, he convinced Woodrow Wilson and the British government to recognize a Jewish homeland in Palestine. Combining narrative biography with a passionate argument for why Brandeis matters today, Rosen explores what Brandeis, the Jeffersonian prophet, can teach us about historic and contemporary questions involving the Constitution, monopoly, corporate and federal power, technology, privacy, free speech, and Zionism.

Download or read book The Progressives Century written by Stephen Skowronek and published by Yale University Press. This book was released on 2016-01-01 with total page 542 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chapter 20. How the Progressives Became the Tea Party's Mortal Enemy: Networks, Movements, and the Political Currency of Ideas -- Chapter 21. What Is to Be Done? A New Progressivism for a New Century -- List of Contributors -- Index -- A -- B -- C -- D -- E -- F -- G -- H -- I -- J -- K -- L -- M -- N -- O -- P -- R -- S -- T -- U -- V -- W -- Y -- Z

Download or read book The First Civil Right written by Naomi Murakawa and published by Oxford University Press, USA. This book was released on 2014 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The First Civil Right is a groundbreaking analysis of root of the conflicts that lie at the intersection of race and the legal system in America. Naomi Murakawa inverts the conventional wisdom by arguing that the expansion of the federal carceral state-a system that disproportionately imprisons blacks and Latinos-was, in fact, rooted in the civil-rights liberalism of the 1940s and early 1960s, not in the period after.

Download or read book American Political Thought written by Keith E. Whittington and published by Oxford University Press, USA. This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: American Political Thought: Readings and Materials presents a diverse collection of writings, speeches, judicial opinions, and other political documents, offering an introduction to the controversies and disputes that have mobilized Americans since the first settlements in North America. Ranging from the Colonial era to the present day-and featuring both traditional readings and lesser-known documents-this reader takes a historical approach that helps students see how political, economic, and social conditions led to the development of specific political ideas. Each chapter includes a substantial introduction and each reading is enriched by headnotes and discussion questions. Visit the Companion Website at http: //global.oup.com/us/companion.websites/9780199338863/ for additional readings and materials.

Download or read book Why America Needs a Left written by Eli Zaretsky and published by John Wiley & Sons. This book was released on 2013-04-26 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States today cries out for a robust, self-respecting, intellectually sophisticated left, yet the very idea of a left appears to have been discredited. In this brilliant new book, Eli Zaretsky rethinks the idea by examining three key moments in American history: the Civil War, the New Deal and the range of New Left movements in the 1960s and after including the civil rights movement, the women's movement and gay liberation.In each period, he argues, the active involvement of the left - especially its critical interaction with mainstream liberalism - proved indispensable. American liberalism, as represented by the Democratic Party, is necessarily spineless and ineffective without a left. Correspondingly, without a strong liberal center, the left becomes sectarian, authoritarian, and worse. Written in an accessible way for the general reader and the undergraduate student, this book provides a fresh perspective on American politics and political history. It has often been said that the idea of a left originated in the French Revolution and is distinctively European; Zaretsky argues, by contrast, that America has always had a vibrant and powerful left. And he shows that in those critical moments when the country returns to itself, it is on its left/liberal bases that it comes to feel most at home.

Download or read book Progressive Democracy written by Herbert David Croly and published by . This book was released on 1914 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Divided We Fall written by David French and published by St. Martin's Press. This book was released on 2020-09-22 with total page 153 pages. Available in PDF, EPUB and Kindle. Book excerpt: David French warns of the potential dangers to the country—and the world—if we don’t summon the courage to reconcile our political differences. Two decades into the 21st Century, the U.S. is less united than at any time in our history since the Civil War. We are more diverse in our beliefs and culture than ever before. But red and blue states, secular and religious groups, liberal and conservative idealists, and Republican and Democratic representatives all have one thing in common: each believes their distinct cultures and liberties are being threatened by an escalating violent opposition. This polarized tribalism, espoused by the loudest, angriest fringe extremists on both the left and the right, dismisses dialogue as appeasement; if left unchecked, it could very well lead to secession. An engaging mix of cutting edge research and fair-minded analysis, Divided We Fall is an unblinking look at the true dimensions and dangers of this widening ideological gap, and what could happen if we don't take steps toward bridging it. French reveals chilling, plausible scenarios of how the United States could fracture into regions that will not only weaken the country but destabilize the world. But our future is not written in stone. By implementing James Madison’s vision of pluralism—that all people have the right to form communities representing their personal values—we can prevent oppressive factions from seizing absolute power and instead maintain everyone’s beliefs and identities across all fifty states. Reestablishing national unity will require the bravery to commit ourselves to embracing qualities of kindness, decency, and grace towards those we disagree with ideologically. French calls on all of us to demonstrate true tolerance so we can heal the American divide. If we want to remain united, we must learn to stand together again.

Download or read book How Many Is Too Many written by Philip Cafaro and published by University of Chicago Press. This book was released on 2015-02-06 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: How many immigrants should we allow into the US annually, and who gets to come? The question is easy to ask, but hard to answer, for thoughtful individuals and for our nation as a whole. Philosopher Philip Cafaro answers the question as a political progressive who, perhaps surprisingly, wants to reduce immigration into the United States. Cafaro details how current immigration levelsthe highest in American historyundermine attempts to achieve progressive economic, environmental and social goals. He shows that by thinking through immigration, liberals can get clearer on their own goals. These do not include having the largest possible percentage of racial and ethnic minoritiesbut creating a society free of racial discrimination, where diversity is appreciated. They do not include an ever-growing economybut an economy that works for the good of society as a whole. They most certainly do not include a crowded, cooked, polluted, ever-more-tamed environmentbut a healthy, spacious landscape with sufficient room for wild nature. Finally, liberals goals should include playing our proper role as global citizenswhile paying attention to our special responsibilities as Americans. Like it or not, those responsibilities include setting US immigration policy."

Download or read book The Last Liberal Republican written by John Roy Price and published by University Press of Kansas. This book was released on 2023-11-17 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Last Liberal Republican is a memoir from one of Nixon’s senior domestic policy advisors. John Roy Price—a member of the moderate wing of the Republican Party, a cofounder of the Ripon Society, and an employee on Nelson Rockefeller’s campaigns—joined Daniel Patrick Moynihan, and later John D. Ehrlichman, in the Nixon White House to develop domestic policies, especially on welfare, hunger, and health. Based on those policies, and the internal White House struggles around them, Price places Nixon firmly in the liberal Republican tradition of President Theodore Roosevelt, New York governor Thomas E. Dewey, and President Dwight Eisenhower. Price makes a valuable contribution to our evolving scholarship and understanding of the Nixon presidency. Nixon himself lamented that he would be remembered only for Watergate and China. The Last Liberal Republican provides firsthand insight into key moments regarding Nixon’s political and policy challenges in the domestic social policy arena. Price offers rich detail on the extent to which Nixon and his staff straddled a precarious balance between a Democratic-controlled Congress and an increasingly powerful conservative tide in Republican politics. The Last Liberal Republican provides a blow-by-blow inside view of how Nixon surprised the Democrats and shocked conservatives with his ambitious proposal for a guaranteed family income. Beyond Nixon’s surprising embrace of what we today call universal basic income, the thirty-seventh president reordered and vastly expanded the patchy food stamp program he inherited and built nutrition education and children’s food services into schools. Richard Nixon even almost achieved a national health insurance program: fifty years ago, with a private sector framework as part of his generous benefits insurance coverage for all, Nixon included coverage of preexisting conditions, prescription drug coverage for all, and federal subsidies for those who could not afford the premiums. The Last Liberal Republican will be a valuable resource for presidency scholars who are studying Nixon, his policies, the state of the Republican Party, and how the Nixon years relate to the rise of the modern conservative movement.

Download or read book Except for Palestine written by Marc Lamont Hill and published by The New Press. This book was released on 2021-02-16 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: A bold call for the American Left to extend their politics to the issues of Israel-Palestine, from a New York Times bestselling author and an expert on U.S. policy in the region In this major work of daring criticism and analysis, scholar and political commentator Marc Lamont Hill and Israel-Palestine expert Mitchell Plitnick spotlight how holding fast to one-sided and unwaveringly pro-Israel policies reflects the truth-bending grip of authoritarianism on both Israel and the United States. Except for Palestine deftly argues that progressives and liberals who oppose regressive policies on immigration, racial justice, gender equality, LGBTQ rights, and other issues must extend these core principles to the oppression of Palestinians. In doing so, the authors take seriously the political concerns and well-being of both Israelis and Palestinians, demonstrating the extent to which U.S. policy has made peace harder to attain. They also unravel the conflation of advocacy for Palestinian rights with anti-Semitism and hatred of Israel. Hill and Plitnick provide a timely and essential intervention by examining multiple dimensions of the Israeli-Palestinian conversation, including Israel's growing disdain for democracy, the effects of occupation on Palestine, the siege of Gaza, diminishing American funding for Palestinian relief, and the campaign to stigmatize any critique of Israeli occupation. Except for Palestine is a searing polemic and a cri de coeur for elected officials, activists, and everyday citizens alike to align their beliefs and politics with their values.

Download or read book Rehabilitating Lochner written by David E. Bernstein and published by University of Chicago Press. This book was released on 2011-05-15 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this timely reevaluation of an infamous Supreme Court decision, David E. Bernstein provides a compelling survey of the history and background of Lochner v. New York. This 1905 decision invalidated state laws limiting work hours and became the leading case contending that novel economic regulations were unconstitutional. Sure to be controversial, Rehabilitating Lochner argues that the decision was well grounded in precedent—and that modern constitutional jurisprudence owes at least as much to the limited-government ideas of Lochner proponents as to the more expansive vision of its Progressive opponents. Tracing the influence of this decision through subsequent battles over segregation laws, sex discrimination, civil liberties, and more, Rehabilitating Lochner argues not only that the court acted reasonably in Lochner, but that Lochner and like-minded cases have been widely misunderstood and unfairly maligned ever since.

Download or read book The Anti Oligarchy Constitution written by Joseph Fishkin and published by Harvard University Press. This book was released on 2024-05-01 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Eminently readable, and anybody who cares about the future of American democracy in these perilous times can only hope that it will be widely read and carefully considered.” —James Pope, Washington Post “Fishkin and Forbath’s accessible work serves as both history lesson and political playbook, offering the Left an underutilized—and perhaps counterintuitive—tool in the present-day fight against social and economic injustice: the Constitution.” —Benjamin Morse, Jacobin “Rousing and authoritative...attempt[s] to recover the Constitution’s pivotal role in shaping claims of justice and equality...Makes even the present court’s capture by the ideological right a compelling platform for a revived social-democratic constitutional politics.” —New Republic Oligarchy is a threat to the American republic. When too much economic and political power is concentrated in too few hands, we risk losing the “republican form of government” the Constitution requires. Today, courts enforce the Constitution as if it had almost nothing to say about this threat. But as this revolutionary retelling of constitutional history shows, a commitment to prevent oligarchy once stood at the center of a robust tradition in American political and constitutional thought. Joseph Fishkin and William Forbath demonstrate that reformers, legislators, and even judges working in this “democracy-of-opportunity” tradition understood that the Constitution imposes a duty on legislatures to thwart oligarchy and promote a broad distribution of wealth and political power. These ideas led Jacksonians to fight special economic privileges for the few, Populists to try to break up monopoly power, and Progressives to fight for the constitutional right to form a union. But today, as we enter a new Gilded Age, this tradition in progressive American economic and political thought lies dormant. The Anti-Oligarchy Constitution begins the work of recovering it and exploring its profound implications for our deeply unequal society and badly damaged democracy.

Download or read book The Progressive Assault on Laissez Faire written by Barbara H. Fried and published by Harvard University Press. This book was released on 2009-07-01 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and economics is the leading intellectual movement in law today. This book examines the first great law and economics movement in the early part of the twentieth century through the work of one of its most original thinkers, Robert Hale. Beginning in the 1890s and continuing through the 1930s, progressive academics in law and economics mounted parallel assaults on free-market economic principles. They showed first that "private," unregulated economic relations were in fact determined by a state-imposed regime of property and contract rights. Second, they showed that the particular regime of rights that existed at that time was hard to square with any common-sense notions of social justice. Today, Hale is best known among contemporary legal academics and philosophers for his groundbreaking writings on coercion and consent in market relations. The bulk of his writing, however, consisted of a critique of natural property rights. Taken together, these writings on coercion and property rights offer one of the most profound and elaborated critiques of libertarianism, far outshining the better-known efforts of Richard Ely and John R. Commons. In his writings on public utility regulation, Hale also made important contributions to a theory of just, market-based distribution. This first, full-length study of Hale's work should be of interest to legal, economic, and intellectual historians.