Jump to ContentJump to Main Navigation

You are looking at 1-20 of 20 items

  • Keywords: popular constitutionalism x
Clear All Modify Search

View:

Making Liberty Popular: Revolutionaries and “Common Sense” Constitutionalism: Declaring Independence and Forming New State Republics

Elizabeth Beaumont

in The Civic Constitution: Civic Visions and Struggles in the Path toward Constitutional Democracy

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199940066
eISBN:
9780199369782
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199940066.003.0002
Subject:
Political Science, American Politics, Democratization

Chapter 2 demonstrates the vital role of civic visions and struggles in shaping the Declaration of Independence and first American constitutions. In this reinterpretation of eighteenth-century ... More


The Civic Constitution: Civic Visions and Struggles in the Path toward Constitutional Democracy

Elizabeth Beaumont

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199940066
eISBN:
9780199369782
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199940066.001.0001
Subject:
Political Science, American Politics, Democratization

This book offers a powerful new understanding of American constitutional democracy by focusing on several generations of influential “civic founders”—largely ordinary men and women who sought to ... More


The Civic Constitution: Revisiting Four Eras of Civic Founding and Refounding

Elizabeth Beaumont

in The Civic Constitution: Civic Visions and Struggles in the Path toward Constitutional Democracy

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199940066
eISBN:
9780199369782
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199940066.003.0001
Subject:
Political Science, American Politics, Democratization

This chapter introduces the lens of the civic constitution to examine the role of key civic actors in American constitutionalism. This chapter identifies revolutionaries, antifederalists, ... More


The Rule of Recognition and the U.S. Constitution

Matthew Adler and Kenneth Einar Himma (eds)

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195343298
eISBN:
9780199867806
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195343298.001.0001
Subject:
Law, Constitutional and Administrative Law

This book contains original chapters that discuss the applicability of Hart's rule of recognition model of a legal system to U.S. constitutional law. The contributors are leading scholars in ... More


Social Movements and Economic and Social Rights

Katharine G. Young

in Constituting Economic and Social Rights

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199641932
eISBN:
9780191746086
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199641932.003.0008
Subject:
Law, Constitutional and Administrative Law, Human Rights and Immigration

Part III argues that the contestations around economic and social rights, progressed by social movements and other private actors, are a vital part of their legality. This chapter examines the role ... More


Not in My Name: Macrodemocratic Design

Eric Beerbohm

in In Our Name: The Ethics of Democracy

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691154619
eISBN:
9781400842384
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691154619.003.0011
Subject:
Philosophy, Political Philosophy

This chapter deals with macrodemocratic theory. It develops mechanisms of democracy designed to protect citizens against complicitous relations with the state. It first considers plebiscitary ... More


Introduction

Nathaniel Persily

in Public Opinion and Constitutional Controversy

Published in print:
2008
Published Online:
October 2011
ISBN:
9780195329414
eISBN:
9780199851720
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195329414.003.0001
Subject:
Political Science, American Politics

Whether a conflict deals with racial integration or abortion, school prayer or gay rights, flag burning or the right to die, the most polarizing controversies of today's politics often find a home in ... More


The Perils of Public Purpose

Ilya Somin

in The Grasping Hand: "Kelo v. City of New London" and the Limits of Eminent Domain

Published in print:
2015
Published Online:
May 2016
ISBN:
9780226256603
eISBN:
9780226256740
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226256740.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter outlines the harms caused by blight and economic development takings enabled by the court’s endorsement of the broad definition of public use. Such takings often destroy more economic ... More


The Perils of Public Purpose

Ilya Somin

in The Grasping Hand: 'Kelo v. City of New London' and the Limits of Eminent Domain

Published in print:
2016
Published Online:
September 2017
ISBN:
9780226422169
eISBN:
9780226456829
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226456829.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter outlines the harms caused by blight and economic development takings enabled by the court’s endorsement of the broad definition of public use. Such takings often destroy more economic ... More


Conclusion: Prohibition and American Constitutionalism

Sean Beienburg

in Prohibition, the Constitution, and States' Rights

Published in print:
2019
Published Online:
January 2020
ISBN:
9780226631943
eISBN:
9780226632278
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226632278.003.0011
Subject:
Political Science, American Politics

After successfully mobilizing on behalf of states’ rights, the AAPA evolved into the Liberty League seeking to stop Franklin Roosevelt’s New Deal, which it considered a betrayal of their support. ... More


The Sympathizers

Christopher W. Schmidt

in The Sit-Ins: Protest and Legal Change in the Civil Rights Era

Published in print:
2018
Published Online:
September 2018
ISBN:
9780226522302
eISBN:
9780226522586
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226522586.003.0004
Subject:
Political Science, American Politics

This chapter explains why the lunch counter sit-in movement gained such substantial support from varied sources and considers the different ways this support was expressed. White college students in ... More


The Real Case for Judicial Review

Alon Harel

in Why Law Matters

Published in print:
2014
Published Online:
May 2014
ISBN:
9780199643271
eISBN:
9780191747809
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199643271.003.0008
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

Constitutional theory has been obsessed with an attempt to provide an adequate justification for judicial review. This chapter defends judicial review. Its main task is to expose a critical flaw ... More


The Democratic Challenge to Constitutional Law

Brian E. Butler

in The Democratic Constitution: Experimentalism and Interpretation

Published in print:
2017
Published Online:
January 2018
ISBN:
9780226474502
eISBN:
9780226474649
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226474649.003.0002
Subject:
Law, Constitutional and Administrative Law

This chapter identifies and critiques a dominant explanation for judicial supremacy in constitutional law. This theory, the “protection from the tyranny of the majority” story, is examined in the ... More


Introduction: Prohibition, Now and Then

Sean Beienburg

in Prohibition, the Constitution, and States' Rights

Published in print:
2019
Published Online:
January 2020
ISBN:
9780226631943
eISBN:
9780226632278
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226632278.003.0001
Subject:
Political Science, American Politics

The recent trend of state legalization of marijuana (for medical and recreational purposes) has renewed long-standing debates about federalism and prohibition. Over fierce dissents arguing federal ... More


The Dry Tide Recedes (1922–23)

Sean Beienburg

in Prohibition, the Constitution, and States' Rights

Published in print:
2019
Published Online:
January 2020
ISBN:
9780226631943
eISBN:
9780226632278
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226632278.003.0006
Subject:
Political Science, American Politics

Prohibitionist strength reached its apex in 1922 and 1923, as the Anti-Saloon League and its allies convinced most American politicians that their oaths to the Constitution required state enforcement ... More


Courts in the New Nation: A Tempestuous Beginning

Eric M. Freedman

in Making Habeas Work: A Legal History

Published in print:
2018
Published Online:
January 2019
ISBN:
9781479870974
eISBN:
9781479802470
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479870974.003.0013
Subject:
Law, Constitutional and Administrative Law

Judicial independence as a corollary of checks and balances had a difficult start after Independence. Judges were closely identified with the Crown and the common law they administered had no visible ... More


The Anti-Sharia Movement

Nadia Marzouki

in Islam: An American Religion

Published in print:
2017
Published Online:
January 2019
ISBN:
9780231176804
eISBN:
9780231543927
Item type:
chapter
Publisher:
Columbia University Press
DOI:
10.7312/columbia/9780231176804.003.0005
Subject:
Religion, Islam

Chapter three considers the anti-sharia movement that seeks to banish from the courts all reference to Islamic law and ask about the particular conception of democracy that underlies this exceptional ... More


Glenn Beck’s Common Sense

James R. Skillen

in This Land is My Land: Rebellion in the West

Published in print:
2020
Published Online:
September 2020
ISBN:
9780197500699
eISBN:
9780197500729
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197500699.003.0008
Subject:
Political Science, American Politics

The Patriot Rebellion during the Obama administration demonstrated just how well conservative western frustrations with federal land management were woven into a national conservative challenge to ... More


“The Blood-Bought Freedom of Our Venerable Sires”: The Antebellum Battle for Medical Freedom

Lewis A. Grossman

in Choose Your Medicine: Freedom of Therapeutic Choice in America

Published in print:
2021
Published Online:
October 2021
ISBN:
9780190612757
eISBN:
9780197606582
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190612757.003.0003
Subject:
History, American History: 20th Century

This chapter describes the wholesale abandonment of medical licensing in the antebellum years due to the collective efforts of practitioners and supporters of Thomsonianism, an extremely popular ... More


Choose Your Medicine: Freedom of Therapeutic Choice in America

Lewis A. Grossman

Published in print:
2021
Published Online:
October 2021
ISBN:
9780190612757
eISBN:
9780197606582
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190612757.001.0001
Subject:
History, American History: 20th Century

Choose Your Medicine is the first comprehensive history of the concept of freedom of therapeutic choice in the United States. It draws on legal history and the history of medicine (as well as ... More


View: