the dirty dozen how twelve supreme court cases radically expanded government and eroded freedom

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The Dirty Dozen

Author : Robert A. Levy
ISBN : 9781935308324
Genre : Law
File Size : 63. 71 MB
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Alexander Hamilton wrote that “the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution.” If only that were true. The Founding Fathers wanted the judicial branch to serve as a check on the power of the legislative and executive, and gave the Supreme Court the responsibility of interpreting the Constitution in a way that would safeguard individual freedoms. In some cases, like Brown V. Board of Education and United States V. Lopez, the Court fulfilled its role, protecting us from racial discrimination and the heavy hand of the federal government. But sadly, the Supreme Court has also handed down many destructive decisions on cases you probably never learned about in school. In The Dirty Dozen, two distinguished legal scholars shed light on the twelve worst cases, which allowed government to interfere in your private contractual agreements; curtail your rights to criticize or support political candidates; arrest and imprison you indefinitely, without filing charges; and seize your private property, without compensation, when someone uses the property for criminal activity—even if you don’t know about it! This is not a book just for lawyers. It’s for all Americans who want to understand how the Supreme Court can affect our right to life, liberty, and the pursuit of happiness. This paperback edition includes a new preface, “Guns, Bailouts, and Empathetic Judges,” which highlights new and critical issues that have arisen since the book’s initial edition was published in 2008.

The Dirty Dozen

Author : Robert A. Levy
ISBN : 9781595230508
Genre : History
File Size : 54. 66 MB
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Lists twelve monumental Supreme Court cases in which the outcomes restricted or eroded the civil liberties of the citizens of the United States.

The Dirty Dozen

Author : Robert A. Levy
ISBN : 9781935308270
Genre : History
File Size : 46. 15 MB
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A non-lawyer's guide to the worst Supreme Court decisions of the modern era.

Restoring The Lost Constitution

Author : Randy E. Barnett
ISBN : 9781400848133
Genre : Law
File Size : 69. 71 MB
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The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost. Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a "presumption of liberty" to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people. As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond. This updated edition features an afterword with further reflections on individual popular sovereignty, originalist interpretation, judicial engagement, and the gravitational force that original meaning has exerted on the Supreme Court in several recent cases.

How Progressives Rewrote The Constitution

Author : Richard A. Epstein
ISBN : 9781933995298
Genre : Political Science
File Size : 41. 86 MB
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How Progressives Rewrote the Constitution explores the fundamental shift in political and economic thought of the Progressive Era and how the Supreme Court was used to transform the Constitution into one that reflected the ideas of their own time, while undermining America’s founding principles. Epstein examines key decisions to demonstrate how Progressives attacked much of the legal precedent and eventually weakened the Court’s thinking concerning limited federal powers and the protection of individual rights. Progressives on the Court undermined basic economic principles of freedom and competition, paving the way for the modern redistributive and regulatory state. This book shows that our modern “constitutional law,” fashioned largely by the New Deal Court in the late 1930s, has its roots in Progressivism, not in our country's founding principles, and how so many of those ideas, however discredited by more recent economic thought, still shape the Court's decisions.

Bottleneckers

Author : William Mellor
ISBN : 9781594039089
Genre : Business & Economics
File Size : 52. 39 MB
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Bottlenecker (n): a person who advocates for the creation or perpetuation of government regulation, particularly an occupational license, to restrict entry into his or her occupation, thereby accruing an economic advantage without providing a benefit to consumers. The Left, Right, and Center all hate them: powerful special interests that use government power for their own private benefit. In an era when the Left hates “fat cats” and the Right despises “crony capitalists,” now there is an artful and memorable one-word pejorative they can both get behind: bottleneckers. A “bottlenecker” is anyone who uses government power to limit competition and thereby reap monopoly profits and other benefits. Bottleneckers work with politicians to constrict competition, entrepreneurial innovation, and opportunity. They thereby limit consumer choice; drive up consumer prices; and they support politicians who willingly overstep the constitutional limits of their powers to create, maintain, and expand these anticompetitive bottlenecks. The Institute for Justice’s new book Bottleneckers coins a new word in the American lexicon, and provides a rich history and well-researched examples of bottleneckers in one occupation after another—from alcohol distributors to taxicab cartels—pointing the way to positive reforms.

The Dirty Dozen

Author : E. M. Nathanson
ISBN : 0304359289
Genre : History
File Size : 51. 34 MB
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The story of a daring mission carried out by 12 army convicts, made famous by the film of the same name. Twelve bearded, filthy GIs wait behind barbed wire, prisoners of their own army. Murderers, thieves, rapists, they wait to be sentenced to death or hard labour for life. They are the damned of the American Army. But at the last moment they are offered the opportunity of salvation: a mission just before D-Day. The chances of their getting away with it are about one in a million, but the damned don't care, and certainly don't count chances ...

Liberating Learning

Author : Terry M. Moe
ISBN : 0470568097
Genre : Education
File Size : 44. 60 MB
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Praise for Liberating Learning "Moe and Chubb have delivered a truly stunning book, rich with the prospect of how technology is already revolutionizing learning in communities from Midland, Pennsylvania to Gurgaon, India. At the same time, this is a sobering telling of the realpolitik of education, a battle in which the status quo is well defended. But most of all, this book is a call to action, a call to unleash the power of technological innovation to create an education system worthy of our aspirations and our childrens' dreams." —Ted Mitchell, CEO of the New Schools Venture Fund "As long as we continue to educate students without regard for the way the real world works, we will continue to limit their choices. In Liberating Learning, Terry Moe and John Chubb push us to ask the questions we should be asking, to have the hard conversations about how far technology can go to advance student achievement in this country." —Michelle Rhee, Chancellor of Education for the Washington, D.C. schools "A brilliant analysis of how technology is destined to transform America's schools for the better: not simply by generating new ways of learning, but also—and surprisingly—by unleashing forces that weaken its political opponents and open up the political process to educational change. A provocative, entirely novel vision of the future of American education." —Rick Hanushek, the Paul and Jean Hanna Senior Fellow at the Hoover Institution, Stanford University "Terry Moe and John Chubb, two long-time, astute observers of educational reform, see technology as the way to reverse decades of failed efforts. Technology will facilitate significantly more individualized student learning—and perhaps most importantly, technology will make it harder and harder for the entrenched adult interests to block the reforms that are right for our kids. This is a provocative, informative and, ultimately, optimistic read, something we badly need in public education." —Joel Klein, Chancellor of the New York City schools

Three New Deals

Author : Wolfgang Schivelbusch
ISBN : 1429900873
Genre : History
File Size : 20. 91 MB
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From a world-renowned cultural historian, an original look at the hidden commonalities among Fascism, Nazism, and the New Deal Today Franklin Delano Roosevelt's New Deal is regarded as the democratic ideal, the positive American response to an economic crisis that propelled Germany and Italy toward Fascism. Yet in the 1930s, shocking as it may seem, these regimes were hardly considered antithetical. Now, Wolfgang Schivelbusch investigates the shared elements of these three "new deals" to offer a striking explanation for the popularity of Europe's totalitarian systems. Returning to the Depression, Schivelbusch traces the emergence of a new type of state: bolstered by mass propaganda, led by a charismatic figure, and projecting stability and power. He uncovers stunning similarities among the three regimes: the symbolic importance of gigantic public works programs like the TVA dams and the German autobahn, which not only put people back to work but embodied the state's authority; the seductive persuasiveness of Roosevelt's fireside chats and Mussolini's radio talks; the vogue for monumental architecture stamped on Washington, as on Berlin; and the omnipresent banners enlisting citizens as loyal followers of the state. Far from equating Roosevelt, Hitler, and Mussolini or minimizing their acute differences, Schivelbusch proposes that the populist and paternalist qualities common to their states hold the key to the puzzling allegiance once granted to Europe's most tyrannical regimes.

Scalia Dissents

Author : Antonin Scalia
ISBN : 9781596987005
Genre : Law
File Size : 67. 82 MB
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Brilliant. Colorful. Visionary. Tenacious. Witty. Since his appointment to the Supreme Court in 1986, Associate Justice Antonin Scalia has been described as all of these things and for good reason. He is perhaps the best-known justice on the Supreme Court today and certainly the most controversial. Yet most Americans have probably not read even one of his several hundred Supreme Court opinions. In Scalia Dissents, Kevin Ring, former counsel to the U.S. Senate's Constitution Subcommittee, lets Justice Scalia speak for himself. This volume—the first of its kind— showcases the quotable justice's take on many of today's most contentious constitutional debates. Scalia Dissents contains over a dozen of the justice's most compelling and controversial opinions. Ring also provides helpful background on the opinions and a primer on Justice Scalia's judicial philosophy. Scalia Dissents is the perfect book for readers who love scintillating prose and penetrating insight on the most important constitutional issues of our time.

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