Synopses & Reviews
To Secure These Rights enters the fascinating--and often contentious--debate over constitutional interpretation. Scott Douglas Gerber here argues that the Constitution of the United States should be interpreted in light of the natural rights political philosophy of the Declaration of Independence and that the Supreme Court is the institution of American government that should be primarily responsible for identifying and applying that philosophy in American life.
Importantly, the theory advanced in this book--what Gerber calls liberal originalism--is neither consistently liberal nor consistently conservative in the modern conception of those terms. Rather, the theory is liberal in the classic sense of viewing the basic purpose of government to be safeguarding the natural rights of individuals. As Thomas Jefferson wrote in the Declaration of Independence, to secure these rights, governments are instituted among men. In essence, Gerber maintains that the Declaration articulates the philosophical ends of our nation and that the Constitution embodies the means to effectuate those ends. Gerber's analysis reveals that the Constitution cannot be properly understood without recourse to history, political philosophy, and law.
Review
"A delight to read. . . . Gerber states the principles of a liberal originalism far more clearly and accessibly than any other work on constitutional interpretation. . . . a rare and welcome addition."
"Highly recommended. To be commended for seeking to find a firmer guide to constitutional meanings than the personal predilections of judges."
"A distinctive contribution to the debate over the `return to a jurisprudence of original intent.' Gerber's thesis is provocative and will not sit well with either liberal or conservative advocates of a `jurisprudence of original intent' or their critics."
Synopsis
To Secure These Rights enters the fascinating--and often contentious--debate over constitutional interpretation. Scott Douglas Gerber here argues that the Constitution of the United States should be interpreted in light of the natural rights political philosophy of the Declaration of Independence and that the Supreme Court is the institution of American government that should be primarily responsible for identifying and applying that philosophy in American life.
Importantly, the theory advanced in this book--what Gerber calls liberal originalism--is neither consistently liberal nor consistently conservative in the modern conception of those terms. Rather, the theory is liberal in the classic sense of viewing the basic purpose of government to be safeguarding the natural rights of individuals. As Thomas Jefferson wrote in the Declaration of Independence, to secure these rights, governments are instituted among men. In essence, Gerber maintains that the Declaration articulates the philosophical ends of our nation and that the Constitution embodies the means to effectuate those ends. Gerber's analysis reveals that the Constitution cannot be properly understood without recourse to history, political philosophy, and law.
Synopsis
For most of the twentieth century, social thinkers devoted their attention mainly to the issues of economic class. They generally dismissed the more primordial bonds of racial, ethnic, and national identities as irrational anachronisms that either communism or the liberal frameworks of democracy would dissolve.
Today, communism is nearly dead and liberalism is on the wane. At the same time, older ethno-racial tribalisms, along with some newly invented ones, have shattered our illusions of a rationally manageable world. They find expression in chauvinistic nationalisms, multiculturalist ideologies, vicious civil wars, "ethnic cleansing" of whole regions, intensified racial and ethnic strife, a resurgence of prejudice, scapegoating, hate groups, and nativism, as well as new group-based challenges to the individualistic focus of Western liberalism.
Bringing together prominent historians, sociologists, and political scientists, New Tribalisms examines early conceptions of racial and ethnic pluralism in the United States. The volume also confronts some of the causes, implications, and possible outcomes of resurgent tribalisms in the country and around the world.
About the Author
Scott Douglas Gerber, Ph.D., J.D., is author of To Secure These Rights: The Declaration of Independence and Constitutional Interpretation and editor of Seriatim: The Supreme Court before John Marshall, both available from New York University Press. He teaches at Ohio Northern University College of Law.