Suchergebnisse

"The Declaration of Independence identified "the pursuit of happiness" as one of our unalienable rights, along with life and liberty. Jeffrey Rosen, the president of the National Constitution Center, profiles six of the most influential founders--Benjamin Franklin, George Washington, John Adams, Thomas Jefferson, James Madison, and Alexander Hamilton--to show what pursuing happiness meant in their lives. By reading the classical Greek and Roman moral philosophers who inspired the Founders, Rosen shows us how they understood the pursuit of happiness as a quest for being good, not feeling good--the pursuit of lifelong virtue, not short-term pleasure. Among those virtues were the habits of industry, temperance, moderation, and sincerity, which the Founders viewed as part of a daily struggle for self-improvement, character development, and calm self-mastery. They believed that political self-government required personal self-government. For all six Founders, the pursuit of virtue was incompatible with enslavement of African Americans, although the Virginians betrayed their own principles. The Pursuit of Happiness is more than an elucidation of the Declaration's famous phrase; it is a revelatory journey into the minds of the Founders, and a deep, rich, and fresh understanding of the foundation of our democracy"--

Introduction: judicial president and presidential chief justice -- "A judicial temperament": the education of Judge Taft -- "We want Taft": civil governor, secretary of war, and president-elect -- "The best tariff bill": the president, tax reform, and free trade -- "Within the law": the environment, monopolies, and foreign affairs -- "Popular unrest": the election of 1912 and the battle for the Constitution -- "I love judges and I love courts": chief justice at last -- Epilogue: our constitutional president

Many critics attack federal judges as anti-democratic elitists, activists out of step with the mainstream of American thought. But others argue that judges should stand alone as the ultimate guardians of American values, placing principle before the views of the people. In The Most Democratic Branch, Jeffrey Rosen disagrees with both assertions. Contrary to what interest groups may claim, he contends that, from the days of John Marshall right up to the present, the federal courts by and large have reflected the opinions of the mainstream. More important, he argues that the Supreme Court is most successful when it defers to the constitutional views of the American people, as represented most notably by Congress and the Presidency. And on the rare occasion when they departed from the consensus, the result has often been a disaster. To illustrate, Rosen provides a penetrating look at some of the most important Supreme Court cases in American history--cases involving racial equality, affirmative action, abortion, gay rights and gay marriage, the right to die, electoral disputes, and civil liberties in wartime. Rosen shows that the most notorious constitutional decisions in American history--the ones that have been most strenuously criticized, such as Dred Scott or Roe v. Wade--have gone against mainstream opinion. By contrast, the most successful decisions--from Marbury v. Madison to Brown v. Board of Education--have avoided imposing constitutional principles over the wishes of the people. Rosen concludes that the judiciary works best when it identifies the constitutional principles accepted by a majority of Americans, and enforces them unequivocally as fundamental law. Jeffrey Rosen is one of the most respected legal experts writing today, a regular contributor to The New York Times Magazine and the Legal Affairs Editor of The New Republic. The

At the beginning of the twenty-first century, breathtaking changes in technology are posing stark challenges to our constitutional values. From free speech to privacy, from liberty and personal autonomy to the right against self-incrimination, basic constitutional principles are under stress from technological advances unimaginable even a fewdecades ago, let alone during the founding era. In this provocative collection, America's leading scholars of technology, law, and ethics imagine how to translate and preserve constitutional and legal values at a time of dizzying technological change. Const

The Supreme Court's intervention in the 2000 election will shape American law and democracy long after George W. Bush has left the White House. This vitally important book brings together a broad range of preeminent legal scholars who address the larger questions raised by the Supreme Court's actions. Did the Court's decision violate the rule of law? Did it inaugurate an era of super-politicized jurisprudence? How should Bush v. Gore change the terms of debate over the next round of Supreme Court appointments?The contributors-Bruce Ackerman, Jack Balkin, Guido Calabresi, Steven Calabresi, Owen Fiss, Charles Fried, Robert Post, Margaret Jane Radin, Jeffrey Rosen, Jed Rubenfeld, Cass Sunstein, Laurence Tribe, and Mark Tushnet-represent a broad political spectrum. Their reactions to the case are varied and surprising, filled with sparkling argument and spirited debate. This is a must-read book for thoughtful Americans everywhere