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Constitutional Personae
- Heroes, Soldiers, Minimalists, and Mutes (Inalienable Rights)
- Narrated by: Peter Marinker
- Length: 6 hrs and 57 mins
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Publisher's summary
Since America's founding, the US Supreme Court had issued a vast number of decisions on a staggeringly wide variety of subjects. And hundreds of judges have occupied the bench. Yet as Cass R. Sunstein, the eminent legal scholar and best-selling co-author of Nudge, points out, almost every one of the Justices fits into a very small number of types regardless of ideology: the hero, the soldier, the minimalist, and the mute.
Heroes are willing to invoke the Constitution to invalidate state laws, federal legislation, and prior Court decisions. They loudly embrace first principles and are prone to flair, employing dramatic language to fundamentally reshape the law.
Soldiers, on the other hand, are skeptical of judicial power, and typically defer to decisions made by the political branches.
Minimalists favour small steps and only incremental change. They worry that bold reversals of long-established traditions may be counterproductive, producing a backlash that only leads to another reversal.
Mutes would rather say nothing at all about the big constitutional issues, and instead tend to decide cases on narrow grounds or keep controversial cases out of the Court altogether by denying standing.
As Sunstein shows, many of the most important constitutional debates are in fact contests between the four Personae. Whether the issue involves slavery, gender equality, same-sex marriage, executive power, surveillance, or freedom of speech, debates have turned on choices made among the four Personae - choices that derive as much from psychology as constitutional theory. Sunstein himself defends a form of minimalism, arguing that it is the best approach in a self-governing society of free people.
More broadly, he casts a genuinely novel light on longstanding disputes over the proper way to interpret the Constitution, demonstrating that behind virtually every decision and beneath all of the abstract theory lurk the four Personae. By emphasising the centrality of character types, Sunstein forces us to rethink everything we know about how the Supreme Court works.
Critic reviews
"Cass Sunstein provides an enlightening look at the different ways to approach the Constitution. In doing so, he transcends ideology and helps us appreciate different perspectives. He also shows the virtue of his own favorite approach, that of minimalism, which seeks to respect traditions and long-settled practices." (Walter Isaacson, President and CEO of the Aspen Institute, and author of The Innovators)
"In this remarkable addition to Oxford University Press' 'Inalienable Rights' series on the American Constitution, Cass Sunstein persuasively speaks not to theories of constitutional interpretation, but to four archetypical judicial personalities reflected in opinion-writing, and in doing so he opens up an imaginative new perspective for appreciating our constitutional history." (Peter L. Strauss, Betts Professor of Law, Columbia Law School)
"In Constitutional Personae, Cass Sunstein analyses judicial review in the United States in terms of four personalities or archetypes. He shows how this model illuminates a wide range of questions, and he offers a subtle restatement and defence of his favourite persona, the constitutional minimalist. Filled to the brim with insights, this is a splendid and imaginative contribution to constitutional theory." (Jack Balkin, Knight Professor of Constitutional Law, Yale Law School)
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For two centuries, the Framers' ideas about political corruption flourished in the courts, even in the absence of clear rules governing voters, civil officers, and elected officials. In the 1970s, the U.S. Supreme Court began to narrow the definition of corruption, and the meaning has since changed dramatically. No case makes that clearer than Citizens United.
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Law Review+
- By Ben P. on 01-02-17
By: Zephyr Teachout
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The Majesty of the Law
- Reflections of a Supreme Court Justice
- By: Sandra Day O'Connor
- Narrated by: Bernadette Dunne
- Length: 9 hrs and 30 mins
- Unabridged
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In this remarkable book, Sandra Day O’Connor explores the law, her life as a Supreme Court Justice, and how the Court has evolved and continues to function, grow, and change as an American institution. Tracing some of the origins of American law through history, people, ideas, and landmark cases, O’Connor sheds new light on the basics, exploring through personal observation the evolution of the Court and American democratic traditions.
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Informative and well-written
- By James on 07-11-05
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Our Republican Constitution
- Securing the Liberty and Sovereignty of We the People
- By: Randy E. Barnett
- Narrated by: Barry Abrams
- Length: 9 hrs and 2 mins
- Unabridged
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The Constitution of the United States begins with the words "we the people". But from the earliest days of the American republic, there have been two competing notions of "the people", which led to two very different visions of the Constitution. Those who view "we the people" collectively think popular sovereignty resides in the people as a group, which leads them to favor a democratic constitution that allows the will of the people to be expressed by majority rule
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Read the book, don't listen
- By I Keep AMZN in Business on 06-23-16
By: Randy E. Barnett
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The Original Argument
- The Federalists' Case for the Constitution, Adapted for the 21st Century
- By: Glenn Beck, Pat Gray
- Narrated by: Adam Grupper
- Length: 10 hrs and 56 mins
- Unabridged
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Glenn Beck revisited Thomas Paine’s famous pre-Revolutionary War call to action in his #1 New York Times bestseller Glenn Beck’s Common Sense. Now he brings his historical acumen and political savvy to this fresh, new interpretation of The Federalist Papers.
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A must for Freedom lovers
- By Danny on 06-16-11
By: Glenn Beck, and others
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American Dialogue
- The Founders and Us
- By: Joseph J. Ellis
- Narrated by: Arthur Morey
- Length: 8 hrs and 41 mins
- Unabridged
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The story of history is a ceaseless conversation between past and present, and in American Dialogue, Joseph J. Ellis focuses the conversation on the often-asked question "What would the Founding Fathers think?" He examines four of our most seminal historical figures through the prism of particular topics, using the perspective of the present to shed light on their views and, in turn, to make clear how their now centuries-old ideas illuminate the disturbing impasse of today's political conflicts.
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A fine work, even with the editorializing
- By Casey Kerrick on 11-24-18
By: Joseph J. Ellis
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The Constitution
- An Introduction
- By: Michael Stokes Paulsen, Luke Paulsen
- Narrated by: Walter Dixon
- Length: 14 hrs and 31 mins
- Unabridged
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From war powers to health care, freedom of speech to gun ownership, religious liberty to abortion, practically every aspect of American life is shaped by the Constitution. This vital document, along with its history of political and judicial interpretation, governs our individual lives and the life of our nation. Yet most of us know surprisingly little about the Constitution itself, and are woefully unprepared to think for ourselves about recent developments in its long and storied history.
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The Constitution-A must reading for All Americans
- By Robert on 06-12-15
By: Michael Stokes Paulsen, and others
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To End a Presidency
- By: Laurence Tribe, Joshua Matz
- Narrated by: L. J. Ganser, Laurence Tribe - preface
- Length: 10 hrs and 15 mins
- Unabridged
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The history and future of our democracy's ultimate sanction, presidential impeachment, and a guide to how it should be used now. To End a Presidency addresses one of today's most urgent questions: when and whether to impeach a president. Laurence Tribe and Joshua Matz provide an authoritative guide to impeachment's past and a bold argument about its proper role today. In an era of expansive presidential power and intense partisanship, we must rethink impeachment for the 21st century.
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A Primer on Impeachment and our Present Dilemma
- By J.B. on 05-20-18
By: Laurence Tribe, and others
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The Idea of America
- Reflections on the Birth of the United States
- By: Gordon S Wood
- Narrated by: Robert Fass
- Length: 12 hrs and 58 mins
- Unabridged
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The preeminent historian of the American Revolution explains why it remains the most significant event in our history
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Sophisticated analyses
- By Roger on 01-25-12
By: Gordon S Wood
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The Constitution of Liberty
- The Definitive Edition
- By: Ronald Hamowy - Edited by, F. A. Hayek
- Narrated by: Mike Chamberlain
- Length: 20 hrs and 7 mins
- Unabridged
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The Constitution of Liberty is considered Hayek's classic statement on the ideals of freedom and liberty, ideals that he believes have guided - and must continue to guide - the growth of Western civilization. Here, Hayek defends the principles of a free society, casting a skeptical eye on the growth of the welfare state and examining the challenges to freedom posed by an ever-expanding government.
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very detailed and important
- By Big Kyle 570 on 06-17-20
By: Ronald Hamowy - Edited by, and others
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How Rights Went Wrong
- Why Our Obsession with Rights Is Tearing America Apart
- By: Jamal Greene
- Narrated by: Ryan Vincent Anderson
- Length: 11 hrs and 7 mins
- Unabridged
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Rights are a sacred part of American identity. Yet they were an afterthought for the Framers. Only as a result of the racial strife that exploded during the Civil War—and a series of resulting missteps by the Supreme Court—did rights gain such outsized power. Over and again, courts have treated rights conflicts as zero-sum games in which awarding rights to one side means denying rights to others. As eminent legal scholar Jamal Greene shows in How Rights Went Wrong, we need to recouple rights with justice—before they tear society apart.
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A different way to look at rights.
- By Nicolas Pabon on 07-11-23
By: Jamal Greene
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Our Divided Political Heart
- The Battle for the American Idea in an Age of Discontent
- By: E. J. Dionne
- Narrated by: Michael Kramer
- Length: 11 hrs and 4 mins
- Unabridged
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Our Divided Political Heart will be the must-listen book of the 2012 election campaign. Offering an incisive analysis of how hyper-individualism is poisoning the nation's political atmosphere, E. J. Dionne Jr., argues that Americans can't agree on who we are because we can't agree on who we've been, or what it is, philosophically and spiritually, that makes us Americans.
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Good points and lots of good information
- By Jamie B on 08-15-12
By: E. J. Dionne