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If we define the term 'constitutional' to mean rules, procedures, or substantive laws fundamental to the republic by way of widespread political agreement or consensus, then what is considered constitutional by way of original text and formal amendment is not necessarily qualitatively superior to that which is considered constitutional merely by way of case law and institutional practices held in place by partisan balances of power. One analytical yardstick for assessing the legitimacy of latter constructs is whether the party or parties responsible for them have made sufficiently successful democratic overtures in the process of pursuing their policy agenda and in securing support for it. In Constitutional Equilibria, John J. Janssen tests this theory of examining the partisan policy agendas in place early in the history of the republic and examining how partisan realignments have shaped and re-shaped what has amounted to constitutional policy.
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Candace Vodden
reviewed Constitutional Equilibria: The Partisan Contingency of American Constitutional Law from the Jeffersonian "Revolution" to the Impeachment of Bill Clinton on October 13, 2017 Constitutional Equilibria: The Partisan Contingency of American Constitutional Law from the Jeffersonian "Revolution" to the Impeachment of Bill Clinton
As a writer I've long assumed that First Amendment rights were enshrined in the Constitution. However, after readying Christopher M. Finan's history I realized for the first time just how tenuous those rights are in U.S. history. It is truly amazing to read a book that attempts to compile in one place all of the efforts to restrain free speech and the free press. I was familiar with many if not most of the individual incidents but to have them covered at one time certainly leaves an impression that there has been a segment of U.S. society willing to muzzle this freedom based on real or imagined threats.
My only reservation about the book is the quasi political bent it takes toward the more recent censorship efforts. I had the impression the author was attempting to make a political point that certain parties are more prone to abandon the First Amendment of the Constitution. Perhaps this is true although the treatment in this book compromises the unbiased quality of the historical research.
Books such as this one are a reminder the Constitution is under constant threat and requires constant vigilance by all citizens.
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