Salem E-books are electronic versions of print reference books held in the Merced College Library.
Gender and the Constitution: Equity and Agency in Comparative Constitutional Design by
We live in an era of constitution-making. New constitutions are appearing in historically unprecedented numbers, following regime change in some countries, or a commitment to modernization in others. No democratic constitution today can fail to recognize or provide for gender equality. Constitution-makers need to understand the gendered character of all constitutions, and to recognize the differential impact on women of constitutional provisions, even where these appear gender-neutral. This book confronts what needs to be considered in writing a constitution when gender equity and agency are goals. It examines principles of constitutionalism, constitutional jurisprudence, and history. Its goal is to establish a framework for a 'gender audit' of both new and existing constitutions. It eschews a simple focus on rights and examines constitutional language, interpretation, structures and distribution of power, rules of citizenship, processes of representation, and the constitutional recognition of international and customary law. It discusses equality rights and reproductive rights as distinct issues for constitutional design.
Keeping Faith with the Constitution by
Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it.In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances.The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.
The Living Constitution by
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.
Milestone Documents in African American History by
This set covers 125 iconic primary documents from the 1600s to the present. Each entry offers the full text of the document as well as an in-depth, analytical essay that places the document in its historical context. Among the sources included in the set are important legislative documents such as the Reconstruction era amendments; critical Supreme Court decisions; and iconic speeches and writings by leaders such as Sojourner Truth, Booker T. Washington, Martin Luther King, Jr., and Barack Obama.
Amendment XIX by
Editor Carrie Fredericks has compiled compelling essays and primary sources on the Nineteenth Amendment, which grants the right to vote to women. Essay sources include Frederick Douglass, Ellen DuBois, Elizabeth Cady Stanton, The New York Times, The Associated Press, James E. Potter, and Gloria Steinem.
The Penguin Guide to the United States Constitution by
What is the President, Congress, and the Supreme Court really allowed to do? This unique and handy guide includes the documents that guide our government, annotated with accessible explanations from one of America's most esteemed constitutional scholars. Known across the country for his appearance on The Daily Show with Jon Stewart, Professor Richard Beeman is one of the nation's foremost experts on the United States Constitution. In this book, he has produced what every American should have: a compact, fully annotated copy of the Declaration of Independence, the Constitution and amendments, all in their entirety. A marvel of accessibility and erudition, the guide also features a history of the making of the Constitution with excerpts from The Federalist Papers and a look at crucial Supreme Court cases that reminds us that the meaning of many of the specific provisions of the Constitution has changed over time.
The Invisible Constitution by
As everyone knows, the United States Constitution is a tangible, visible document. Many see it in fact as a sacred text, holding no meaning other than that which is clearly visible on the page. Yet as renowned legal scholar Laurence Tribe shows, what is not written in the Constitution plays akey role in its interpretation. Indeed some of the most contentious Constitutional debates of our time hinge on the extent to which it can admit of divergent readings.In The Invisible Constitution, Tribe argues that there is an unseen constitution--impalpable but powerful--that accompanies the parchment version. It is the visible document's shadow, its dark matter: always there and possessing some of its key meanings and values despite its absence on thepage. As Tribe illustrates, some of our most cherished and widely held beliefs about constitutional rights are not part of the written document, but can only be deduced by piecing together hints and clues from it. Moreover, some passages of the Constitution do not even hold today despite theircontinuing existence. Amendments may have fundamentally altered what the Constitution originally said about slavery and voting rights, yet the old provisos about each are still in the text, unrevised. Through a variety of historical episodes and key constitutional cases, Tribe brings to life thisinvisible constitution, showing how it has evolved and how it works. Detailing its invisible structures and principles, Tribe compellingly demonstrates the invisible constitution's existence and operative power.Remarkably original, keenly perceptive, and written with Tribe's trademark analytical flair, this latest volume in Oxford's Inalienable Rights series offers a new way of understanding many of the central constitutional debates of our time.
The Idea of America by
The preeminent historian of the American Revolution explains why it remains the most significant event in our history. More than almost any other nation in the world, the United States began as an idea. For this reason, Pulitzer Prize-winning historian Gordon S. Wood believes that the American Revolution is the most important event in our history, bar none. Since American identity is so fluid and not based on any universally shared heritage, we have had to continually return to our nation's founding to understand who we are. In The Idea of America, Wood reflects on the birth of American nationhood and explains why the revolution remains so essential. In a series of elegant and illuminating essays, Wood explores the ideological origins of the revolution-from ancient Rome to the European Enlightenment-and the founders' attempts to forge an American democracy. As Wood reveals, while the founders hoped to create a virtuous republic of yeoman farmers and uninterested leaders, they instead gave birth to a sprawling, licentious, and materialistic popular democracy. Wood also traces the origins of American exceptionalism to this period, revealing how the revolutionary generation, despite living in a distant, sparsely populated country, believed itself to be the most enlightened people on earth. The revolution gave Americans their messianic sense of purpose-and perhaps our continued propensity to promote democracy around the world-because the founders believed their colonial rebellion had universal significance for oppressed peoples everywhere. Yet what may seem like audacity in retrospect reflected the fact that in the eighteenth century republicanism was a truly radical ideology-as radical as Marxism would be in the nineteenth-and one that indeed inspired revolutionaries the world over. Today there exists what Wood calls a terrifying gap between us and the founders, such that it requires almost an act of imagination to fully recapture their era. Because we now take our democracy for granted, it is nearly impossible for us to appreciate how deeply the founders feared their grand experiment in liberty could evolve into monarchy or dissolve into licentiousness. Gracefully written and filled with insight, The Idea of America helps us to recapture the fears and hopes of the revolutionary generation and its attempts to translate those ideals into a working democracy.