Suchergebnisse

Introduction : Zombie (or Dinosaur) constitutionalism? The revival of nullification and secession -- The 21st century rediscovery of nullification and secession in American political rhetoric : frivolousness incarnate, or serious arguments to be wrestled with? / Sanford Levinson -- How to maintain a constitution : the Virginia and Kentucky resolutions and James Madison's struggle with the problem of constitutional maintenance / Jonathan Gienapp -- Living, dead, and undead : nullification past and present / James H. Read and Neal Allen -- Marijuana, nullification, and the checks and balances model of federalism / Ernest A. Young -- Almost legal : disobedience and partial nullification in American constitutional politics and law / Mark A. Graber -- To kill and die for the constitution : nullification and insurrectionary violence / Jared A. Goldstein -- Political facts, legal fictions / Mark R. Killenbeck -- Nullification : three comparative notes / Ran Hirschl -- Continuity in secession : the case of the Confederate Constitution / Alison L. LaCroix -- The logic and design of a low-commitment constitution (or, how to stop worrying about the right to secede) / Zachary Elkins -- Secession, transnational precedents, and constitutional silences / Vicki C. Jackson -- Secession as a problem in negotiation / Mark Tushnet

The book focuses on the revival of "nullificationist," or even "secessionist," arguments, both in the United States and abroad, relative to the authority of national institutions, including courts, over dissenting subnational units or groups of individual citizens.

From one of America's most distinguished constitutional scholars, an intriguing exploration of America's most famous political tract and its relevance to today's politics In An Argument Open to All, renowned legal scholar Sanford Levinson takes a novel approach to what is perhaps America's most famous political tract. Rather than concern himself with the authors as historical figures, or how The Federalist helps us understand the original intent of the framers of the Constitution, Levinson examines each essay for the political wisdom it can offer us today. In eighty-five short essays, each keyed to a different essay in The Federalist, he considers such questions as whether present generations can rethink their constitutional arrangements; how much effort we should exert to preserve America's traditional culture; and whether The Federalist's arguments even suggest the desirability of world government

"In An Argument Open to All, renowned legal scholar Sanford Levinson takes a novel approach to what is perhaps America's most famous political tract. Rather than concern himself with the authors as historical figures, or how The Federalist helps us understand the original intent of the framers of the Constitution, Levinson examines each essay for the political wisdom it can offer us today. In eighty-five short essays, each keyed to a different essay in The Federalist, he considers such questions as whether present generations can rethink their constitutional arrangements; how much effort we should exert to preserve America's traditional culture; and whether The Federalist's arguments even suggest the desirability of world government."--Dust jacket of book.

In Framed, Levinson challenges our belief that the most important features of our constitutions concern what rights they protect. Instead, he focuses on the fundamental procedures of governance such as congressional bicameralism; the selection of the President by the electoral college, or the dimensions of the President's veto power--not to mention the near impossibility of amending the United States Constitution. These seemingly "settled" and "hardwired" structures contribute to the now almost universally recognized "dysfunctionality" of American politics.Levinson argues that we should stop treating the United States Constitution as uniquely exemplifying the American constitutional tradition. We should be aware of the 50 state constitutions, often interestingly different--and perhaps better--than the national model. Many states have updated their constitutions by frequent amendment or by complete replacement via state constitutional conventions. California's ungovernable condition has prompted serious calls for a constitutional convention. This constant churn indicates that basic law often reaches the point where it fails and becomes obsolete. Given the experience of so many states, he writes, surely it is reasonable to believe that the U.S. Constitution merits its own updating.

In 'Framed', Levinson challenges the belief that the most important features of America's 51 constitutions concern what rights they protect. Instead, he focuses on the fundamental procedures of governance such as congressional bicameralism, the selection of the President by the electoral college, or the dimensions of the President's veto power - not to mention the near impossibility of amending the United States Constitution.

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

Is it "Stalinist" for a formerly communist country to tear down a statue of Stalin? Should the Confederate flag be allowed to fly over the South Carolina state capitol? Is it possible for America to honor General Custer and the Sioux Nation, Jefferson Davis and Abraham Lincoln? Indeed, can a liberal, multicultural society memorialize anyone at all, or is it committed to a strict neutrality about the quality of the lives led by its citizens? In Written in Stone, legal scholar Sanford Levinson considers the tangled responses of ever-changing societies to the monuments and commemorations created by past regimes or outmoded cultural and political systems. Drawing on examples from Albania to Zimbabwe, from Moscow to Managua, and paying particular attention to examples throughout the American South, Levinson looks at social and legal arguments regarding the display, construction, modification, and destruction of public monuments. He asks what kinds of claims the past has on the present, particularly if the present is defined in dramatic opposition to its past values. In addition, he addresses the possibilities for responding to the use and abuse of public spaces and explores how a culture might memorialize its historical figures and events in ways that are beneficial to all its members. Written in Stone is a meditation on how national cultures have been or may yet be defined through the deployment of public monuments. It adds a thoughtful and crucial voice into debates surrounding historical accuracy and representation, and will be welcomed by the many readers concerned with such issues

An increasing number of constitutional theorists, within both the legal academy and university departments of government, are focusing on the conceptual and political problems attached to the notion of constitutional amendment. Amendments are, among other things, recognitions of the imperfection of existing schemes of government. The relative ease or difficulty of amendment has significant implications for the ways that governments respond to problems that call either for new structures of governance or new powers for already established structures. This book brings together essays by leading

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.

It is no secret that political power in the United States and elsewhere has, overall, shifted to "the executive" and away from legislatures. There may be debate about whether this is a product of willful "overreaching" by executives or whether, within the United States, Congress has instead willingly ceded power by engaging in what Justice Cardozo in 1935 called "delegation run riot." The concern about executive power has perhaps become heightened in the aftermath of the Trump presidency—just as Boris Johnson, with his own defiance of some of the "conventions" that are essential to the British constitutional order, is provoking debate in Great Britain.