Synopses & Reviews
In this lively historical examination of American federalism, a leading scholar in the field refutes the widely accepted notion that the founding fathers carefully crafted a constitutional balance of power between the states and the federal government. Edward A. Purcell Jr. bases his argument on close analysis of the Constitutions original structure and the ways that structure both induced and accommodated changes over the centuries.
There was no clear agreement among the founding fathers regarding the true” nature of American federalism, Purcell contends, nor was there a consensus on correct” lines dividing state and national authority. Furthermore, even had there been some true original” understanding, the elastic and dynamic nature of the constitutional structure would have made it impossible for subsequent generations to maintain any original” or permanent balance. The author traces the evolution of federalism through the centuries, focusing particularly on shifting interpretations founded on political interests. He concludes with insights into current issues of federal power and a discussion of the grounds on which legitimate decisions about federal and state power should rest.
Review
'\"Josh Chafetz manages to combine scholarly care with an almost journalistic ability to write in an accessible fashion.\"Nick Barber, Oxford University
-- Piotr Wrbel - Slavic Review'
Review
'\'\\\"A very distinguished work. Chafetz is beautifully clear and deals with an interesting problem concerning parliamentary government in Britain and America in a comparative manner. I do not know of any work which covers the ground in a similar way.\\\"Vernon Bogdanor, Oxford University
-- Nick Barber\''
Review
'\"This book heralds the arrival of an important new scholar in the fields of comparative constitutional law and legal history. Fitting a broad range of institutional details into a comprehensive and subtle theoretical framework, Chafetz shows how Congressional privileges in America and Parliamentary privileges in England sprang from common origins but then evolved along separate paths as a result of basic differences in the political ecosystems. An excellent chronicle of the evolution of legislative privileges from the parliamentary supremacy of England to the popular sovereignty in kingless America.\"Akhil Amar, Yale Law School
-- Vernon Bogdanor'
Review
'“A thorough and well-researched treatment of an important and neglected topic. Chafetzs historical overview on legislative privilege deserves to become a well-known point of reference.”Adrian Vermeule, Professor of Law, Harvard Law School
-- Akhil Amar'
Review
“Edward A. Purcell, Jr. has written a vigorous critique, grounded in the Age of Madison, of the Rehnquist Courts revival of constitutional federalism. Its a learned, thoughtful book thats great fun to read.”Charles W. McCurdy, University of Virginia
-- Werner Troesken - The Independent Review
Review
“Purcells book is an extraordinarily learned historical performance, bringing together an enormous array of secondary literature in a new way to address very topical questions concerning originalism and the vagaries of American federalism.”Clyde S. Spillenger, Professor of Law, UCLA School of Law
-- Charles W. McCurdy
Review
"This breakthrough book marks a decisive turn in American constitutional thought – away from ancestor worship, toward a realistic understanding of how real-world Americans make and remake their fundamental law."Bruce Ackerman, Sterling Professor of Law and Political Science, Yale University -- Texas Law Review
Review
“Why does our public law obsess about the Constitution, when so many of our most fundamental national commitments are embodied in subconstitutional law? In this illuminating and stimulating volume, a distinguished political scientist and a gifted public lawyer unravel that question. Eskridge and Ferejohns redefining study shows how administrative constitutionalismagency elaboration of superstatutes, treaties, agreements, and state statutory regimesboth invites a deliberation-respecting role for U.S. courts and ends up shaping Americas national character.”Harold Hongju Koh, The Legal Adviser, U.S. Department of State; Martin R. Flug Professor of International Law, Yale Law School
-- Bruce Ackerman
Review
"Mark Tushnet is the leading constitutional scholar of his generation. In this book, he addresses constitutional laws central questions: How and why does the Constitution matter? His answers – both persuasive and deeply disturbing – will surprise virtually all of his readers."Louis Michael Seidman, Carmack Waterhouse Professor of Constitutional Law, Georgetown University Law Center -- Andrea Wulf - New York Times Book Review
Review
“Mark Tushnet has squared the circle by writing a book that is both accessible and highly sophisticated. It offers an engaging précis of Tushnets own thought, and also of a large body of recent work at the intersection of legal theory and political science. Yet it refuses to oversimplify and itself makes fresh theoretical contributions. An admirable achievement that should improve public discourse about the role of the Constitution.”Adrian Vermeule, Harvard Law School -- Louis Michael Seidman
Review
“An outstanding introduction to the many ways that the Constitution shapes American politics, and politics shapes American constitutional law.”Jack M. Balkin, Knight Professor of Constitutional Law and the First Amendment, Yale Law School -- Adrian Vermeule
Review
“Mark Tushnet has issued another bold challenge to constitutional orthodoxy in the United States. His incisive examination of how the Constitution of the United States does more to structure politics than dictate specific outcomes will fascinate lawyers, political scientists and citizens.”Mark Grabar, Professor of Law and Government, University of Maryland -- Jack M. Balkin
Review
“Mark Tushnet has written a profoundly important and illuminating book in a wonderfully conversational style. Its emphasis on the importance of structures--and, especially, political partiesis an important corrective to the common reduction of the Constitution to a system of ‘fundamental rights. It deserves to be read by scholars, students, and citizens alike who wish to learn what difference it might truly make that we conduct our politics under the aegis of the Constitution.”Sanford Levinson, author of
Our Undemocratic Constitution: Where the Constitution Goes Wrong (and How We the People Can Correct It) -- Mark Grabar
Review
'\'\\\'\\\\\\\"The book is an enjoyable read, written in con -- Sanford Levinson\\\'\''
Review
“Brian Kalt has written a truly marvelous book on what appear to be constitutional esoterica that could however pose genuine problems for the American constitutional and political order.”—Sanford Levinson, University of Texas Law School
Review
"Brian Kalt's Constitutional Cliffhangers is full of insights into constitutional interpretation, a lively topic of concern among both scholars and the public more generally. Without in the least diminishing its scholarly contribution, the book is also playfully written, so that it is a delight to read."—Robert William Bennett, Northwestern University
Review
"Brian Kalt is an evil genius when it comes to conjuring up potential national political crises and clearly explaining the legal and constitutional ramifications even for non-lawyers like me. The What-If scenarios make your scalp twitch. I recommend this book highly to wonks, wonkettes, and laymen who are interested in our brilliant but sometimes flawed political system."—C.J. Box, New York Times best-selling author of Back of Beyond and Force of Nature
Review
"Brian Kalt has identified unresolved constitutional questions that could easily lead to chaos and crisis. He is at his best when he writes the script that puts us into the quagmire. I hope that what he writes about never happens, but it has happened before and it will happen again. For a White House Counsel, Constitutional Cliffhangers is nothing but nightmare-and great fun nonetheless."—Gregory B. Craig, former White House Counsel
Synopsis
'This book is the first to compare the freedoms and protections of members of the United States Congress with those of Britains Parliament. Placing legislative privilege in historical context, Josh Chafetz explores how and why legislators in Britain and America have been granted special privileges in five areas: jurisdictional conflicts between the courts and the legislative houses, freedom of speech, freedom from civil arrest, contested elections, and the disciplinary powers of the houses.
Legislative privilege is a crucial component of the relationship between a representative body and the other participants in government, including the people. In recounting and analyzing the remarkable story of how parliamentary government emerged and evolved in Britain and how it crossed the Atlantic, Chafetz illuminates a variety of important constitutional issues, including the separation of powers, the nature of representation, and the difference between written and unwritten constitutionalism. This book will inspire in readers a much greater appreciation for the rise and triumph of democracy.'
Synopsis
William Eskridge and John Ferejohn propose an original theory of constitutional law whereby, while the Constitution provides a vision, our democracy advances by means of statutes that supplement or even supplant the written Constitution.
Synopsis
In this surprising and highly unconventional work, Harvard law professor Mark Tushnet poses a seemingly simple question that yields a thoroughly unexpected answer. The Constitution matters, he argues, not because it structures our government but because it structures our politics. He maintains that politicians and political partiesnot Supreme Court decisionsare the true engines of constitutional change in our system. This message will empower all citizens who use direct political action to define and protect our rights and liberties as Americans.
Unlike legal scholars who consider the Constitution only as a blueprint for American democracy, Tushnet focuses on the ways it serves as a framework for political debate. Each branch of government draws substantive inspiration and procedural structure from the Constitution but can effect change only when there is the political will to carry it out. Tushnets political understanding of the Constitution therefore does not demand that citizens pore over the specifics of each Supreme Court decision in order to improve our nation. Instead, by providing key facts about Congress, the president, and the nature of the current constitutional regime, his book reveals not only why the Constitution matters to each of us but also, and perhaps more important, how it matters.
Synopsis
'The Constitution was written to shape human behavior and affairs, and it does so by appealing to peoples hearts, not only their minds. An interdisciplinary analysis sheds new light on the emotions that underlie constitutional law, with many cogent examples.'
Synopsis
The United States Constitution contains some potentially fatal weaknesses surrounding presidential selection, replacement, or punishment that could lead to constitutional controversies. In this compelling and fascinating book, Brian C. Kalt envisions six such controversies, ranging from the criminal prosecution of a sitting president, to a two-term president's attempt to stay in power, to the ousting of an allegedly disabled president. None of these things have ever occurred—but in recent years, many of them almost have.
The events Kalt describes are all situations where matters of constitutional interpretation would carry enormous political consequences. Because such events would put so much stress on our structure of government, we need to strive toward clear neutral rules that would resolve these situations smoothly and peacefully, rather than through a might-makes-right process.
Synopsis
The United States Constitution's provisions for selecting, replacing, and punishing presidents contain serious weaknesses that could lead to constitutional controversies. In this compelling and fascinating book, Brian Kalt envisions six such controversies, such as the criminal prosecution of a sitting president, a two-term president's attempt to stay in power, the ousting of an allegedly disabled president, and more. None of these things has ever occurred, but in recent years many of them almost have.
Besides being individually dramatic, these controversies provide an opportunity to think about how constitutional procedures can best be designed, interpreted, and repaired. Also, because the events Kalt describes would all carry enormous political consequences, they shed light on the delicate and complicated balance between law and politics in American government.
About the Author
Edward A. Purcell, Jr., is Joseph Solomon Distinguished Professor, New York Law School. He is author of many books and scholarly articles, including Brandeis and the Progressive Constitution: Erie, the Judicial Power, and the Politics of Federal Courts in Twentieth-Century America (2000), published by Yale University Press, for which he received the Coif Triennial Book Award and the Triennial Griswold Prize. He lives in New York City.