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The Resource On constitutional disobedience, Louis Michael Seidman

On constitutional disobedience, Louis Michael Seidman

Label
On constitutional disobedience
Title
On constitutional disobedience
Statement of responsibility
Louis Michael Seidman
Creator
Subject
Language
eng
Summary
  • "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"--
  • "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"--
Member of
Assigning source
  • Provided by publisher
  • Provided by publisher
Cataloging source
DLC
http://library.link/vocab/creatorName
Seidman, Louis Michael
Index
index present
LC call number
KF4550
LC item number
.S375 2013
Literary form
non fiction
Nature of contents
bibliography
Series statement
Inalienable rights series
http://library.link/vocab/subjectName
  • Constitutional law
  • Constitutional law
Label
On constitutional disobedience, Louis Michael Seidman
Instantiates
Publication
Copyright
Bibliography note
Includes bibliographical references (pages 149-157) and index
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Contents
  • Chapter Four:
  • Disobedience and Freedom
  • Chapter Five:
  • Ordinary Laws and Extraordinary Arguments
  • Introduction : the
  • Gaudy Contradictions of American Constitutionalism
  • Chapter One: The
  • Argument Briefly Stated
  • Chapter Two:
  • Obedience over Time
  • Chapter Three: The
  • Banality of Constitutional Violation
Control code
794367152
Dimensions
22 cm
Extent
xii, 162 pages
Isbn
9780199898275
Isbn Type
(hardback)
Lccn
2012023032
Media category
unmediated
Media MARC source
rdamedia
Media type code
  • n
Label
On constitutional disobedience, Louis Michael Seidman
Publication
Copyright
Bibliography note
Includes bibliographical references (pages 149-157) and index
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Contents
  • Chapter Four:
  • Disobedience and Freedom
  • Chapter Five:
  • Ordinary Laws and Extraordinary Arguments
  • Introduction : the
  • Gaudy Contradictions of American Constitutionalism
  • Chapter One: The
  • Argument Briefly Stated
  • Chapter Two:
  • Obedience over Time
  • Chapter Three: The
  • Banality of Constitutional Violation
Control code
794367152
Dimensions
22 cm
Extent
xii, 162 pages
Isbn
9780199898275
Isbn Type
(hardback)
Lccn
2012023032
Media category
unmediated
Media MARC source
rdamedia
Media type code
  • n

Library Locations

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      32.771471 -117.187496
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