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Constitutional failure / Sotirios Barber.

By: Barber, Sotirios A [author.].
Material type: TextTextSeries: JSTOR eBooks.Publisher: Lawrence, Kansas : University Press of Kansas, 2014Description: 1 online resource.Content type: text Media type: computer Carrier type: online resourceISBN: 9780700620449; 0700620443.Subject(s): Constitutional law -- United StatesAdditional physical formats: Print version:: Constitutional failure.DDC classification: 342.73 Online resources: Click here to view this ebook.
Contents:
Machine generated contents note: -- Foreword by Jeffrey K. Tulis -- Preface -- 1. Why Talk about Constitutional Failure? -- 2. Failure at What Kind of Thing? -- 3. Failure at What, Specifically? -- 4. Constitutional Failure: Mostly (Though Not Entirely) Attitudinal -- 5. Constitutional Reform and Constitutional Thought -- Notes -- Index.
Summary: "With this carefully reasoned and therefore persuasive work, Barber joins the growing debate about the viability of the United States' constitutional governance mired in what Francis Fukuyama calls "vetocracy." His concise book will be prized for its pithy coverage and clear analysis of the key issues--how constitutional failure is understood, markers of "healthy politics," the corrosive impact of Madisonian checks and balances, and the outlook for meaningful reform"-- Provided by publisher.Summary: "Americans err in thinking that while their politics may be ailing, their Constitution is fine. Sick politics is a sure sign of constitutional failure. This is Sotirios Barber's message in Constitutional Failure. Public attitudes fostered by a consumer culture, constitution worship, the lack of a trusted leadership community, and academic historicism and value skepticism--these, this book tells us in clear and bracing terms, are at the root of our political dysfunction. Barber characterizes the Constitution as a plan of government--a set of means to public purposes like national security and prosperity. He argues that if the government is failing, it's fair to conclude that the plan is failing and that laws that are supposed to serve as means can't in reason continue to bind when they no longer work. He argues further that constitutional success depends ultimately on a stratum of diverse and self-critical citizens, who see each other as moral equals and parts of one national community. These citizens, with the politicians among them, would be good-faith contestants regarding the meaning of the common good and the most effective means to secure it. In this way--showing how the success of a constitutional democracy is more a matter of political attitudes than of institutional performance--Barber's book upends the conventional understanding of constitutional failure. In Barber's analysis, the apparent stability of formal constitutional institutions--usually interpreted as evidence of constitutional health--may actually indicate the defining element of constitutional failure: a mentally inert citizenry no longer capable of constitutional reflection and reform. At once concise and thorough in its analysis of the concept of constitutional failure and its accounts of a "healthy politics," the corrosive impact of Madisonian checks and balances (as a substitute for trust-worthy leadership), and the outlook for meaningful reform, this book offers a carefully reasoned and provocative assessment of the viability of constitutional governance in the United States"-- Provided by publisher.
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Item type Current location Call number URL Status Date due Barcode
Electronic Book UT Tyler Online
Online
KF4550 .B259 2014 (Browse shelf) https://ezproxy.uttyler.edu/login?url=http://www.jstor.org/stable/10.2307/j.ctt1c6v94j Available ocn893600188

Includes index.

Machine generated contents note: -- Foreword by Jeffrey K. Tulis -- Preface -- 1. Why Talk about Constitutional Failure? -- 2. Failure at What Kind of Thing? -- 3. Failure at What, Specifically? -- 4. Constitutional Failure: Mostly (Though Not Entirely) Attitudinal -- 5. Constitutional Reform and Constitutional Thought -- Notes -- Index.

"With this carefully reasoned and therefore persuasive work, Barber joins the growing debate about the viability of the United States' constitutional governance mired in what Francis Fukuyama calls "vetocracy." His concise book will be prized for its pithy coverage and clear analysis of the key issues--how constitutional failure is understood, markers of "healthy politics," the corrosive impact of Madisonian checks and balances, and the outlook for meaningful reform"-- Provided by publisher.

"Americans err in thinking that while their politics may be ailing, their Constitution is fine. Sick politics is a sure sign of constitutional failure. This is Sotirios Barber's message in Constitutional Failure. Public attitudes fostered by a consumer culture, constitution worship, the lack of a trusted leadership community, and academic historicism and value skepticism--these, this book tells us in clear and bracing terms, are at the root of our political dysfunction. Barber characterizes the Constitution as a plan of government--a set of means to public purposes like national security and prosperity. He argues that if the government is failing, it's fair to conclude that the plan is failing and that laws that are supposed to serve as means can't in reason continue to bind when they no longer work. He argues further that constitutional success depends ultimately on a stratum of diverse and self-critical citizens, who see each other as moral equals and parts of one national community. These citizens, with the politicians among them, would be good-faith contestants regarding the meaning of the common good and the most effective means to secure it. In this way--showing how the success of a constitutional democracy is more a matter of political attitudes than of institutional performance--Barber's book upends the conventional understanding of constitutional failure. In Barber's analysis, the apparent stability of formal constitutional institutions--usually interpreted as evidence of constitutional health--may actually indicate the defining element of constitutional failure: a mentally inert citizenry no longer capable of constitutional reflection and reform. At once concise and thorough in its analysis of the concept of constitutional failure and its accounts of a "healthy politics," the corrosive impact of Madisonian checks and balances (as a substitute for trust-worthy leadership), and the outlook for meaningful reform, this book offers a carefully reasoned and provocative assessment of the viability of constitutional governance in the United States"-- Provided by publisher.

Print version record.

Reviews provided by Syndetics

CHOICE Review

Barber's Constitutional Failure is in the Lincolnian tradition describing the Constitution as "the frame of silver" around the Declaration of Independence as "the apple of gold." Barber (Univ. of Notre Dame) argues that the Constitution is a means to serve its preambular ends. He builds on the following dichotomy: a constitutionalist is willing to reexamine governing principles in the spirit of the 1787 Constitutional Convention; a constitutionist merely venerates. He contends the constitutional system is not coping with fiscal problems and global warming, and is not serving a permanent underclass. Constitutional malady goes deeper than fixing partisan gerrymandering and campaign finance. In particular, he addresses the Article V provision "No State, without its consent, shall be deprived of its equal suffrage in the Senate." This provision enables a small percentage of the population to veto vital policies. He recounts the implicit repeal of the unamendable Rule XIII of the Articles of Confederation by the decision of Congress to submit to the proposed Constitution's ratification process. He asserts it is a willingness to reexamine unamendability and structural fitness that is true constitutional virtue. Occasional ideological denunciations detract from an interesting presentation. Summing Up: Recommended. Upper-division undergraduate, graduate, and research collections. --Thomas M. Jackson, Marywood University

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