Conscience And The Constitution

Three voices. Three acts of defiance. One mass injustice. The story of camp as you’ve never seen it before. Japanese Americans complied when evicted from their homes in World War II -- but many refused to submit to imprisonment in American concentration camps without a fight. In this groundbreaking graphic novel, meet JIM AKUTSU, the inspiration for John Okada’s No-No Boy, who refuses to be drafted from the camp at Minidoka when classified as a non-citizen, an enemy alien; HIROSHI KASHIWAGI, who resists government pressure to sign a loyalty oath at Tule Lake, but yields to family pressure to renounce his U.S. citizenship; and MITSUYE ENDO, a reluctant recruit to a lawsuit contesting her imprisonment, who refuses a chance to leave the camp at Topaz so that her case could reach the U.S. Supreme Court. Based upon painstaking research, We Hereby Refuse presents an original vision of America’s past with disturbing links to the American present.

"Timothy Sandefur's insightful new book provides a dramatic new challenge to the status quo of constitutional law and argues a vital truth: our Constitution was written not to empower democracy, but to secure liberty. Yet the overemphasis on democracy by today's legal community-rather than the primacy of liberty, as expressed in the Declaration of Independence-has helped expand the scope of government power at the expense of individual rights. Now, more than ever, the Declaration of Independence should be the framework for interpreting our fundamental law. It is the conscience of the Constitution."--Amazon's website.

While many recent observers have accused American judges—especially Supreme Court justices—of being too driven by politics and ideology, others have argued that judges are justified in using their positions to advance personal views. Advocating a different approach—one that eschews ideology but still values personal perspective—H. Jefferson Powell makes a compelling case for the centrality of individual conscience in constitutional decision making. Powell argues that almost every controversial decision has more than one constitutionally defensible resolution. In such cases, he goes on to contend, the language and ideals of the Constitution require judges to decide in good faith, exercising what Powell calls the constitutional virtues: candor, intellectual honesty, humility about the limits of constitutional adjudication, and willingness to admit that they do not have all the answers. Constitutional Conscience concludes that the need for these qualities in judges—as well as lawyers and citizens—is implicit in our constitutional practices, and that without them judicial review would forfeit both its own integrity and the credibility of the courts themselves.

At stage center of the American drama, maintains David A. J. Richards, is the attempt to understand the implications of the Reconstruction Amendments--Amendments Thirteen, Fourteen, and Fifteen to the United States Constitution. Richards evaluates previous efforts to interpret the amendments and then proposes his own view: together the amendments embodied a self-conscious rebirth of America's revolutionary, rights-based constitutionalism. Building on an approach to constitutional law developed in his Toleration and the Constitution and Foundations of American Constitutionalism, Richards links history, law, and political theory. In Conscience and the Constitution, this method leads from an analysis of the Reconstruction Amendments to a broad discussion of the American constitutional system as a whole. Richards's interpretation focuses on the abolitionists and their radical commitment to the "dissenting conscience." In his view, the Reconstruction Amendments expressed not only the constitutional arguments of a particular historical period but also a general political theory developed by the abolitionists, who restructured the American political community in terms of respect for universal human rights. He argues further that the amendments make a claim on our generation to keep faith with the vision of the "founders of 1865." In specific terms he points out what such allegiance would mean in the context of present-day constitutional issues. Originally published in 1993. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Short Route to Chaos develops a series of specific suggestions for reform based on the principle that education, like religion, is a matter of conscience in which families should be free to select their children's schools and public funding should be allocated equally for each child, regardless of wealth or geographic location. The author goes on to propose public debate about a possible education amendment to the U.S. Constitution. His book is an impassioned call for a pragmatic and populist re-constitution of American schooling - one that respects conscience, supports community, and reinvigorates the principles of constitutional democracy.

In one of the great triumphs of the colonial and Revolutionary periods, the founders of the future United States overcame religious intolerance in favor of a constitutional order dedicated to fair treatment for people's deeply held conscientious beliefs. It granted equal liberty of conscience to all and took a firm stand against religious establishment. This respect for religious difference, acclaimed scholar Martha Nussbaum writes, formed our democracy. Yet today there are signs that this legacy is misunderstood. The prominence of a particular type of Christianity in our public life suggests the unequal worth of citizens who hold different religious beliefs, or no beliefs. Other people, meanwhile, seek to curtail the influence of religion in public life in a way that is itself unbalanced and unfair. Such partisan efforts, Nussbaum argues, violate the spirit of our Constitution. Liberty of Conscience is a historical and conceptual study of the American tradition of religious freedom. Weaving together political history, philosophical ideas, and key constitutional cases, this is a rich chronicle of an ideal of equality that has always been central to our history but is now in serious danger.