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Full Description
Constitutionalism and Liberty: Essays in Honor of David K. Nichols explores the relationship between liberty and constitutionalism in American politics and political theory, and is organized around the question of how human liberty is preserved and advanced while empowering government to have the necessary authority to effectively govern society. The essays themselves are divided into three areas reflecting the breadth and diversity of David K. Nichols's scholarship. The first assesses how we should understand separation of powers and checks and balances in the American constitutional system. The second area treats different aspects of American legal practice and jurisprudence, including the powers and role of the American judiciary philosophically and institutionally as well as questions of administrative power, civil rights, parental rights, and symbolic speech. The final section examines a range of issues in political philosophy and theory, including two chapters on the intersection of political theory with literature and art. The array of subjects covered by these chapters is a testament to the broad influence of Nichols' teaching and scholarship, and to the widening interest in aspects of American politics, constitutional law, and political theory that cross traditional barriers in political science.
Contents
Gouverneur Morris on the Mixed Regime and Separation of Powers
John Adams and the Defining of the Federalist Presidency
The Compromise of 1850: The Senate's Triumvirate on the Price of Union
Ronald Reagan as New Deal Conservative
President Obama and the Jeffersonian Tradition of Executive Power
Executive Privileges
American Political Development and Ideational Institutionalism
Power Struggle: Locke and Montesquieu on Judicial Power
Modern Administration and the Integrity of the Article III Judicial Power
The Myth of the Modern Judiciary
"Tender and Sacred Ties": The Abolitionist Defense of Parental Rights and the Thirteenth and Fourteenth Amendments
The Flag and the American Constellation
James Madison's Memorial and Remonstrance and the First Amendment
Thomas Jefferson on Higher Education
Leo Strauss on the Significance of the Mutability of "Natural Right"
Macbeth and Christian Rule
Michelangelo's David and the Florentine Republic
