The first major scholarly defense of the centrality of the Framers' intentions in constitutional interpretation to appear in years.

This book looks at responsible government under the Australian Constitution. It undertakes a detailed examination of the history leading to the incorporation of responsible government into the Constitution, examining the political history and constitutional ideas which informed the framers' views. It draws on this history to develop a theory of responsible government and explore its implications for the interpretation of the Constitution and the structure of modern government in Australia. The book fills a major gap in our knowledge of the intellectual background of the Australian Constitution by explaining the constitutional ideas that have shaped the text and structure of the Australian Constitution. It contributes to worldwide debates about constitutional interpretation by showing how rigorous use of history can lead to novel interpretations of constitutions without being tied to the 'dead hands of the founders'.

A detailed and compelling examination of how the legal theory of originalism ignores and distorts the very constitutional history from which it derives interpretive authority Constitutional originalism stakes law to history. The theory's core tenet--that the U.S. Constitution should be interpreted according to its original meaning--has us decide questions of modern constitutional law by consulting the distant constitutional past. Yet originalist engagement with history is often deeply problematic. And now that a majority of justices on the U.S. Supreme Court champion originalism, the task of scrutinizing originalists' use and abuse of history has never been more urgent. In this comprehensive and novel critique of originalism, Jonathan Gienapp targets originalists' unspoken assumptions about the Constitution and its history. Originalists are committed to recovering the Constitution laid down at the American Founding, yet they often assume that the Constitution is fundamentally modern. Rather than recovering the original Constitution, they project their own understandings onto it, assuming that eighteenth-century constitutional thinking was no different than their own. They take for granted what it meant to write a constitution down, what law was, how it worked, and where it came from, and how a constitution's meaning was fixed. In the process, they erase the Constitution that eighteenth-century Americans in fact created. By understanding how originalism fails, we can better understand the Constitution that we have.

"The Founders understood religious liberty to be an inalienable natural right. Vincent Phillip Muñoz explains what this means for church-state constitutional law, uncovering what we can and cannot determine about the original meanings of the First Amendment's Religion Clauses and constructing a natural rights jurisprudence of religious liberty."--

Essentials of US Politics and Government is the latest book in the Essentials of series for A-Level Politics, which maps on to the Edexcel specification. It covers all the knowledge required to tackle paper 3 of the A level; United States politics, as well as Comparative US-UK politics. Author Andrew Colclough is head of politics at an independent school in Oxford and a Team Leader examiner at Edexcel, so brings a wealth of experience in supporting both students and teachers. All of the core chapters in the book are organized around the series' signature 'Key Debates' feature, which explain the vital arguments, with supporting evidence, clearly and concisely. These aid students in constructing persuasive arguments in their essays. Summary tables at the end of each debate ideal both to gain a quick overview of the topic and as a tool for revision. The book also offers: - An abundance of contemporary political examples and case studies - A unique chapter on Comparative US and UK Politics - 'Knowledge Checks' at regular intervals so students can check their understanding and factual recall - A dedicated 'Exam Focus' chapter, which gives advice on developing the skills for exam success, as well as annotated sample essays - An extensive companion website with further sample essays, templates for essay planning, bonus case study material and more.

The liberal arts university has been in decline since well before the virtualization of campus life, increasingly inviting public skepticism about its viability as an institution of personal, civic, and professional growth. New technologies that might have brought people together have instead frustrated the university’s capacity to foster thoughtful citizenship among tomorrow’s leaders and exacerbated socioeconomic inequalities that are poisoning America’s civic culture. With Liberal Education and Citizenship in a Free Society, a collection of 19 original essays, editors Justin Dyer and Constantine Vassiliou present the work of a diverse group of scholars to assess the value of a liberal arts education in the face of market, technological, cultural, and political forces shaping higher learning today.

What is more paradoxically democratic than a people exercising their vote against the harbingers of the rule of law and democracy? What happens when the will of the people and the rule of law are at odds? Some commentators note that the presence of illiberal political movements in the public arena of many Western countries demonstrates that their democracy is so inclusive and alive that it comprehends and countenances even undemocratic forces and political agendas. But what if, on the contrary, these were the signs of the deconsolidation of democracy instead of its good health? What if democratically elected regimes were to ignore constitutional principles representing the rule of law and the limits of their power? With contributions from judges and scholars from different backgrounds and nationalities this book explores the framework in which this tension currently takes place in several Western countries by focusing on four key themes: - The Rule of Law: presenting a historical and theoretical reconstruction of the evolution of the Rule of Law; - The People: dealing with a set of problems around the notion of 'people' and the forces claiming to represent their voice; - Democracy and its enemies: tackling a variety of phenomena impacting on the traditional democratic balance of powers and institutional order; - Elected and Non-Elected: focusing on the juxtaposition between judges (and, more generally, non-representative bodies) and the people's representation.

Over the past decade, conservative Christian public law firms have been some of the most active and aggressive litigators in the nation. Their efforts have impacted important policy areas including religion in the Public Square, school prayer, gay rights, 'family values' and abortion policy. But the Fundamentalist Christian/Evangelical social movement is not monolithic. In this probing and judicious work, Hacker explores and clarifies the influence of ideology on the goals and behavior of three leading conservative Christian law firms and how they differ in agendas and approach. He provides rich interview narratives that shed light on interest group behavior and how it is influenced by internal group characteristics.

Ibn Babawayh – also known as al-Shaykh al-Saduq – was a prominent Twelver Shi'i scholar of hadith. Writing within the first century after the vanishing of the twelfth imam, al-Saduq represents a pivotal moment in Twelver hadith literature, as this Shi'i community adjusted to a world without a visible imam and guide, a world wherein the imams could only be accessed through the text of their remembered words and deeds. George Warner's study of al-Saduq's work examines the formation of Shi'i hadith literature in light of these unique dynamics, as well as giving a portrait of an important but little-studied early Twelver thinker. Though almost all of al-Saduq's writings are collections of hadith, Warner's approach pays careful attention to how these texts are selected and presented to explore what they can reveal about their compiler, offering insight into al-Saduq's ideas and suggesting new possibilities for the wider study of hadith.