Read On Constitutional Disobedience (Inalienable Rights) by Louis Michael Seidman Online
Read [Louis Michael Seidman Book] * On Constitutional Disobedience (Inalienable Rights) Online ^ PDF eBook or Kindle ePUB free. On Constitutional Disobedience (Inalienable Rights) The Founders saw society as essentially hierarchical, led naturally by landed gentry like themselves. The Philadelphia convention had gathered to amend the Articles of Confederation, not toss them out and start afresh. The Constitution is, at its best, a piece of poetry to liberty and self-government. Yet we still obey their commands, two centuries and one civil war later. The "living Constitution" school tries to bridge the gap between the framers and ourselves by reinterpreting the text in lig
| Title | : | On Constitutional Disobedience (Inalienable Rights) |
| Author | : | |
| Rating | : | 4.90 (619 Votes) |
| Asin | : | 0199898278 |
| Format Type | : | paperback |
| Number of Pages | : | 176 Pages |
| Publish Date | : | 2016-08-02 |
| Language | : | English |
The Founders saw society as essentially hierarchical, led naturally by landed gentry like themselves. The Philadelphia convention had gathered to amend the Articles of Confederation, not toss them out and start afresh. The Constitution is, at its best, a piece of poetry to liberty and self-government. Yet we still obey their commands, two centuries and one civil war later. 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. 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. But this attempt is doomed, Seidman argues. And yet, Seidman reminds us, disobedience is the original intent of the Constitution. 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. This is a highly controversial assertion. If we treat it as such, the author argues, we will make better progress in achieving both.. 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 Const
originalism vs. What do you think are the greatest flaws with our Constitution? A. Q&A with Louis Seidman, author of On Constitutional DisobedienceQ. It is extremely cumbersome. As it happens, I am quite skeptical about most forms of gun control, but not because of judgments made two hundred twenty five years ago in a social context radically different from our own. The point is that we should obey them to the extent that and because they are wise and just, not because they are in the Constitution. Investigation of them distracts us from the issues that should matter to us while simultaneously raising the temperature of the debate by suggesting that our opponents are being unfaithful to foundational American values. I favor neither interpretive approach because I think the Constitution should be ignored rather than interpreted. Q
"Ultimately Untenable Thesis, But Worthwhile" according to B. Jacobs-swearingen. I tend to view Seidman's thesis less as a product of sincere belief than as a dialectical exercise intended to lead to a deeper understanding of constitutional law. In this regard his book definitely succeeds in raising some very timely questions concerning the value (or possible lack thereof) of admittedly vague formulations of "inalienable rights" to things such as speech, assembly and (the big one right now) "unreasonable searches and seizure" which modern day discourse (!!!) equates with privacy.The vagueness of these formulations is at the heart of current controversies and participants in the ongoing debate would do well to improve thei. Getting rid of the constitutionbut keeping the country? Murray J Siskind This is a great book with huge flaws. Seidman's point is that there is no reason to obey the constitution, principally because of the absurdity of being bound, in the 21st century, to an 18th century contract. He then deftly and efficiently dispatches with many of the arguments for maintaining fidelity, such as "anarchy" will result otherwise, etc. Most cleverly, Seidman argues that the Supreme Court already is violating the constitution. How do we know? Because the justices are always accusing each other of violating the constitution in their opinions. Clearly then, as Seidman points out, if everyone is accusing everyone else of disobeying t. "Four Stars" according to aaron. Important and eye opening book!!
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