Freedom and the Rule of Law

Freedom and the Rule of Law

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Description

Freedom and the Rule of Law takes a critical look at the historical beginnings of law in the United States, and how that history has influenced current trends regarding law and freedom. Anthony Peacock has compiled articles that examine the relationship between freedom and the rule of law in America. The rule of law is fundamental to all liberal constitutional regimes whose political orders recognize the equal natural rights of all.show more

Product details

  • Hardback | 302 pages
  • 157.48 x 231.14 x 27.94mm | 657.71g
  • Lexington Books
  • Lanham, MD, United States
  • English
  • 0739136186
  • 9780739136188

Review quote

In modern American society, the rule of law is so regularly taken for granted that there is little appreciation for its importance or for what life would be like without it. Yet it was of critical importance to our founders, and is linked inextricably with the separation of powers system. Perhaps because we Americans take the rule of law for granted, we may not realize the extent to which the concept has been severely undermined of late. Freedom and the Rule of Law will serve as a reminder to its readers of how central the rule of law is to our Constitution, and of what we Americans stand to lose from its continued erosion. Anthony Peacock has assembled a terrific group of scholars to make this case on a variety of fronts, and readers will very much profit from their efforts. -- Ronald J. Pestritto, Hillsdale College Anthony Peacock has assembled a superb team of scholars who discuss and analyze the evolving role of the judiciary and its impact on the rule of law in the United States. The essays offer much provocative food for thought as the authors demonstrate how contemporary visions of the rule of law and the role of the judiciary deviate from the original understanding that informed the Framers' constitutional vision. Scholars and students alike will find much to discuss in this edited volume. No doubt it will inform and enliven debates in constitutional law classes across the country... -- Mark Rush, head of the department of politics and director of the Program in International Finance and Commerce, Washington and Lee Univers Anthony Peacock has assembled a superb team of scholars who discuss and analyze the evolving role of the judiciary and its impact on the rule of law in the United States. The essays offer much provocative food for thought as the authors demonstrate how contemporary visions of the rule of law and the role of the judiciary deviate from the original understanding that informed the Framers' constitutional vision. Scholars and students alike will find much to discuss in this edited volume. No doubt it will inform and enliven debates in constitutional law classes across the country. -- Mark Rush, head of the department of politics and director of the Program in International Finance and Commerce, Washington and Lee Universshow more

About Anthony A. Peacock

Anthony A. Peacock is associate professor of Political Science and Director of the Project on Liberty and American Constitutionalism at Utah State University. He is the author most recently of Deconstructing the Republic: Voting Rights, the Supreme Court, and the Founders' Republicanism Reconsidered (Washington, D.C.: The AEI Press, 2008) and A Brief Guide to The Federalist Papers (Washington, D.C.: The Heritage Foundation, forthcoming).show more

Table of contents

Chapter 1 Introduction: American Constitutionalism, Freedom,and the Rule of Law Part 2 Part I: The Origins of the Rule of Law, Administration,and the Anticipated Growth of the American State Chapter 3 2. Freedom and the Rule of Law: The Ingenious English Legacy Chapter 4 3. Regulation, Administration, and the Rule of Law in the Early Republic Chapter 5 4. Constitutional Cassandra: The Prophetic Fears of Brutus,the Anti-Federalist Part 6 Part II: Constitutional Interpretation and the Rule of Law Chapter 7 5. Antonin Scalia and the Rule of Law: The Textualist Foundationof the "Law of Rules" Chapter 8 6. Original-Meaning Jurisprudence, Judicial Restraint, and Democratic Freedom Chapter 9 7. Is it Unnatural to Shun Foreign Precedents? Chapter 10 8. Progressivism and the Decline of the Rule of Law Part 11 Part III: War, National Security, and the Rule of Law Chapter 12 9. National Security Law: The Judicial Role Chapter 13 10. When the Rule of Law Can Undermine the Rule of Law: Hamdi and The Federalist on War and Necessity Part 14 Part IV: Voting Rights, Representation, and the Rule of Law Chapter 15 11. A Decline in Adherence to Traditional Districting StandardsUndermines Fair Representation in the United Statesshow more