On Constitutional Disobedience

On Constitutional Disobedience

Louis Michael Seidman / Dec 10, 2019

On Constitutional Disobedience 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 Atlanti

  • Title: On Constitutional Disobedience
  • Author: Louis Michael Seidman
  • ISBN: 9780199898275
  • Page: 188
  • Format: Hardcover
  • 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 ciWhat 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.

    Persian Constitutional Revolution The Persian Constitutional Revolution Persian Mashr tiyyat, or Enghel b e Mashr teh , also known as the Constitutional Revolution of Iran, took place between and The revolution led to the establishment of a parliament in Persia Iran during the Qajar dynasty. The Revolution opened the way for cataclysmic change in Persia, heralding Civil disobedience Civil disobedience is the active, professed refusal of a citizen to obey certain laws, demands, orders or commands of a government or occupying international power Civil disobedience is sometimes defined as having to be nonviolent to be called civil disobedience Civil disobedience is sometimes, therefore, equated with nonviolent resistance. Although civil disobedience is considered to be an Citizens for Constitutional Local Government Citizens for Constitutional Local Government CCLG believes that HOAs are independent, undemocratic, private governments operating outside the American system of government If we are to make progress, we must distinguish the concept of a planned community, which is a real estate package of homes, landscaping, amenities, and rules, from that of the HOA, which is the governing Election Definition of Election by Merriam Webster Choose the Right Synonym for election choice, option, alternative, preference, selection, election mean the act or opportunity of choosing or the thing chosen choice suggests the opportunity or privilege of choosing freely freedom of choice option implies a power to choose that is specifically granted or guaranteed the option of paying now or later alternative implies a need to choose one Howard Zinn The Problem is Civil Obedience The Problem is Civil Obedience from the Zinn Reader, Seven Stories Press History Equal Rights Amendment The fight for equal rights in the United States has a rich history of advocacy and activism by both women and men who believe in constitutionally protected gender equality. Letter from a Birmingham Jail King, Jr The Africa Center April My Dear Fellow Clergymen While confined here in the Birmingham city jail, I came across your recent statement calling my present activities unwise and untimely.

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      Posted by:Louis Michael Seidman
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    About "Louis Michael Seidman"

      • Louis Michael Seidman

        Louis Michael Seidman is the Carmack Waterhouse Professor of Constitutional Law at Georgetown University Law Center After graduating from Harvard Law School in 1971, Professor Seidman served as a law clerk for J Skelly Wright of the D.C Circuit and U.S Supreme Court Justice Thurgood Marshall He then was a staff attorney with the D.C Public Defender Service until joining the Law Center faculty in 1976 He teaches a variety of courses in the fields of constitutional and criminal law He is co author of a constitutional law casebook and the author of many articles concerning criminal justice and constitutional law His most recent books are Silence and Freedom Stanford 2007 , Our Unsettled Constitution A New Defense of Constitutionalism and Judicial Review Yale 2001 and Equal Protection of the Laws Foundation 2002.


    976 Comments

    1. The founding fathers of America were also the Framers of the Constitution for which the nation continues to swear by.If you actually take a closer look at the original tenets, there are many anomalies that just seem very out of place in the day, the advocation of slavery being just one them.The question Seidman poses is simple, why are the US populace, We the Living People, living by the posturing of dead founders, when other civilised nations get by without the need for this antiquated rubric?


    2. I feel the same way about the constitution as I do about all scriptures and similar documents of the past: why on earth should we feel obligated to adhere to the wrongheaded, sometimes immoral dictates of long dead people who lived in a world vastly different from our own? Yes, there is much good in both constitutions and scriptures, but as Louis Seidman says, we should adhere to what is good simply because it is good, not because it was written down a long time ago.Seidman's book is fair, provo [...]


    3. I just read this book in its entirety on a flight to Orlando. It's very provocative and at times might have been a little too abstract for a non-specialist but Seidman's main point comes through very clear with helpful examples from recent and early US history. There was an oped in the Times "Lets Give Up on the Constitution" based on it.


    4. This will probably be most interesting to someone new to the idea of constitutional disobedience. The author lays out a clear, commonsense rationale for ending our obligation to the constitution. It provides brief historical elements, primarily regarding the history of disobedience coming from politicians and judges. The author makes his point well, but can also be quite repetitive at times.


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