On Constitutional Disobedience On Constitutional Disobedience
Inalienable Rights

On Constitutional Disobedience

    • USD 41.99
    • USD 41.99

Publisher Description

What would the Framers of the Constitution make of multinational corporations? Nuclear weapons? Gay marriage? They led a preindustrial country, much of it dependent on slave labor, huddled on the Atlantic seaboard. The Founders saw society as essentially hierarchical, led naturally by landed gentry like themselves. Yet we still obey their commands, two centuries and one civil war later. According to Louis Michael Seidman, it's time to stop.

In On Constitutional Disobedience, Seidman argues that, in order to bring our basic law up to date, it needs benign neglect. This is a highly controversial assertion. The doctrine of "original intent" may be found on the far right, but the entire political spectrum--left and right--shares a deep reverence for the Constitution. And yet, Seidman reminds us, disobedience is the original intent of the Constitution. The Philadelphia convention had gathered to amend the Articles of Confederation, not toss them out and start afresh. The "living Constitution" school tries to bridge the gap between the framers and ourselves by reinterpreting the text in light of modern society's demands. But this attempt is doomed, Seidman argues. One might stretch "due process of law" to protect an act of same-sex sodomy, yet a loyal-but-contemporary reading cannot erase the fact that the Constitution allows a candidate who lost the popular election to be seated as president. And that is only one of the gross violations of popular will enshrined in the document. Seidman systematically addresses and refutes the arguments in favor of Constitutional fealty, proposing instead that it be treated as inspiration, not a set of commands.

The Constitution is, at its best, a piece of poetry to liberty and self-government. If we treat it as such, the author argues, we will make better progress in achieving both.

GENRE
Politics & Current Affairs
RELEASED
2013
2 January
LANGUAGE
EN
English
LENGTH
192
Pages
PUBLISHER
Oxford University Press
SELLER
The Chancellor, Masters and Scholar s of the University of Oxford tradi ng as Oxford University Press
SIZE
6.6
MB
From Parchment to Dust From Parchment to Dust
2025
Silence and Freedom Silence and Freedom
2007
The Constitution of the War on Drugs The Constitution of the War on Drugs
2024
Why We Vote Why We Vote
2024
Agreeing to Disagree Agreeing to Disagree
2023
The Collapse of Constitutional Remedies The Collapse of Constitutional Remedies
2021
Saving the News Saving the News
2021
Liars Liars
2021