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Call # KF4550 .S375 2013
Author Seidman, Louis Michael
Title On constitutional disobedience / Louis Michael Seidman
Imprint Oxford [UK] ; New York : Oxford University Press, USA, 2013
Book Cover
LOCATION CALL NO. STATUS
 WMS STACKS  KF4550 .S375 2013    DUE 07-31-15
 WMS STACKS  KF4550 .S375 2013 c.2  DUE 07-31-15
 SPEC COLL  Faculty Publication    SCRR USE ONLY
 McDonough Display  Faculty Publication    NOT AVAILABLE

Details

Descript. xii, 162 p. ; 22 cm
Series Inalienable rights series
Inalienable rights series
Note Includes bibliographical references (p. 149-157) and index
Summary/Abstract "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"-- Provided by publisher
"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"-- Provided by publisher
Subject Constitutional law -- United States -- Philosophy
Constitutional law -- United States
OCLC # 794367152
Table of Contents
 Editor's Notexi
 Introduction The Gaudy Contradictions of American Constitutionalism3
ch. One Argument Briefly Stated11
ch. Two Obedience over Time29
ch. Three Banality of Constitutional Violation63
ch. Four Disobedience and Freedom93
ch. Five Ordinary Laws and Extraordinary Arguments117
 Conclusion The Way Forward139
 Acknowledgments145
 Sources149
 Index159