Cosmic Constitutional Theory
Why Americans Are Losing Their Inalienable Right to Self-Governance
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Narrated by:
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Noah Michael Levine
About this listen
American constitutional law has undergone a transformation. Issues once left to the people have increasingly become the province of the courts. Subjects as diverse as abortion rights and firearms regulations, health care reform and counterterrorism efforts, not to mention a millennial presidential election, are more and more the domain of judges.
What sparked this development? In this engaging volume, Judge J. Harvie Wilkinson argues that America's most brilliant legal minds have launched a set of cosmic constitutional theories that, for all their value, are undermining self-governance. Thinkers as diverse as Justices William Brennan and Antonin Scalia, Professor John Hart Ely, Judges Robert Bork and Richard Posner, have all produced seminal interpretations of our Founding document, but ones that promise to imbue courts with unprecedented powers. While crediting the theorists for the sparkling quality of their thoughts, Judge Wilkinson argues they will slowly erode the role of representative institutions in America and leave our children bereft of democratic liberty.
The loser in all the theoretical fireworks is the old and honorable tradition of judicial restraint. The judicial modesty once practiced by Learned Hand, John Harlan, and Oliver Wendell Holmes has given way to competing schools of liberal and conservative activism seeking sanctuary in Living Constitutionalism, Originalism, Process Theory, or the supposedly anti-theoretical creed of Pragmatism. Each of these seemingly disparate theories promises their followers an intellectually respectable route to congenial political outcomes from the bench. Judge Wilkinson calls for a plainer, simpler, self-disciplined commitment to judicial restraint and democratic governance, a course that alas may be impossible so long as the cosmic constitutionalists so dominate contemporary legal thought.
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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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The Bill of Rights Primer
- A Citizen's Guidebook to the American Bill of Rights
- By: Akhil Reed Amar, Les Adams
- Narrated by: Tim Lundeen
- Length: 8 hrs and 5 mins
- Unabridged
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Many Americans reference the Bill of Rights, a document that represents many of the freedoms that define the United States. Who doesn’t know about the First Amendment’s freedom of religion or Second Amendment’s right to bear arms? In this succinct volume, Akhil Reed Amar and Les Adams offer a wealth of knowledge about the Bill of Rights that goes beyond a basic understanding.The Bill of Rights Primer is an authoritative guide to all American freedoms. Uncluttered and well-organized, this audiobook is perfect for those who want to study up on the Bill of Rights without needing a law degree to do so.
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At this length, basic; but at that, great
- By Philo on 06-10-15
By: Akhil Reed Amar, and others
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The Supremes' Greatest Hits, 2nd Revised & Updated Edition
- The 44 Supreme Court Cases That Most Directly Affect Your Life
- By: Michael G. Trachtman
- Narrated by: Jonathan Yen
- Length: 7 hrs and 20 mins
- Unabridged
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The Supreme Court's rulings have shaped American life and justice and allowed Americans to retain basic freedoms such as privacy, free speech, and the right to a fair trial. This revised and updated edition of Michael G. Trachtman's riveting work includes 10 important cases from 2010 to 2015.
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Nice review overall.
- By "freeindeed4ever" on 02-10-20
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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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Hitler's American Model
- The United States and the Making of Nazi Race Law
- By: James Q. Whitman
- Narrated by: James Anderson Foster
- Length: 5 hrs and 36 mins
- Unabridged
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Nazism triumphed in Germany during the high era of Jim Crow laws in the United States. Did the American regime of racial oppression in any way inspire the Nazis? The unsettling answer is yes. James Whitman presents a detailed investigation of the American impact on the notorious Nuremberg Laws, the centerpiece anti-Jewish legislation of the Nazi regime.
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Did not we suspect this?
- By dessa on 11-04-18
By: James Q. Whitman
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The Demon in Democracy
- Totalitarian Temptations in Free Societies
- By: Ryszard Legutko, John O'Sullivan, Teresa Adelson
- Narrated by: Liam Gerrard
- Length: 9 hrs and 6 mins
- Unabridged
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Ryszard Legutko lived and suffered under communism for decades - and he fought with the Polish anti-communist movement to abolish it. Having lived for two decades under a liberal democracy, however, he has discovered that these two political systems have a lot more in common than one might think. They both stem from the same historical roots in early modernity, and accept similar presuppositions about history, society, religion, politics, culture, and human nature.
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Important book on political philosophy
- By Wayne on 08-02-19
By: Ryszard Legutko, and others
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The Creation of the American Republic, 1776-1787
- By: Gordon S. Wood
- Narrated by: Joel Richards
- Length: 24 hrs and 46 mins
- Unabridged
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This classic work explains the evolution of American political thought from the Declaration of Independence to the ratification of the Constitution. In so doing, it greatly illuminates the origins of the present American political system.
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This Audible book is NOT for a popular audience!
- By BigWally on 11-22-18
By: Gordon S. Wood
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America's Revolutionary Mind
- A Moral History of the American Revolution and the Declaration That Defined It
- By: C. Bradley Thompson
- Narrated by: Tom Parks
- Length: 18 hrs and 17 mins
- Unabridged
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The purpose of this book is twofold: first, to elucidate the logic, principles, and significance of the Declaration of Independence as the embodiment of the American mind; and, second, to shed light on what John Adams once called the "real American Revolution"; that is, the moral revolution that occurred in the minds of the people in the 15 years before 1776.
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Excellent study of Revolutionary Thinking
- By Amazon Customer on 03-24-21
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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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The Founders' Key
- The Divine and Natural Connection Between the Declaration and the Constitution and What We Risk by Losing It
- By: Dr. Larry Arnn
- Narrated by: Van Tracy
- Length: 7 hrs and 23 mins
- Unabridged
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Dr. Arnn, president of Hillsdale College, reveals this integral unity of the Declaration and the Constitution. Together, they form the pillars upon which the liberties and rights of the American people stand. United, they have guided history's first self-governing nation, forming our government under certain universal and eternal principles. Unfortunately, the effort to redefine government to reflect "the changing and growing social order" has gone very far toward success.
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Linking Declaration and Constitution.
- By Ed Bethune on 04-26-24
By: Dr. Larry Arnn