Böcker av Marshall DeRosa

The Ninth Amendment holds that every right not explicitly granted to the federal government by the Constitution belongs to the states or to the individual. Further, those rights held by the government should not be construed to deny or disparage other rights held by the people. As in other areas of contention between federal power and states' rights, the Ninth Amendment has become subject to activist Supreme Court interpretation whereby the traditional model of federalism, in which states had meaningful public policy prerogatives, has given way to a model in which states become mere extensions of the U. S. government.In this volume, Marshall DeRosa provides a thorough analysis of Supreme Court unenumerated rights policy and offers suggestions toward reestablishing American federalism as envisioned by the framers of the Constitution. The book opens with a review and analysis of current debates over Ninth Amendment rights and then utilizes the privileges and immunities clauses as demonstrative of the traditional relationship between the states' police powers and unenumerated fundamental rights. DeRosa then considers the critical role of academia in shifting public policy away from popular control and toward the judiciary. Later chapters include national and state case studies as instances of judicial creativity, an examination of the effects of Ninth Amendment jurisprudence on the Second Amendment as it bears on the gun control debate, and a comparative analysis of contrasting theories on the status of unenumerated rights. In his conclusion DeRosa offers some prescriptive thoughts on how to restore the original constitutional concept of popular consent as a remedy to an increasingly unaccountable federal judiciary.By restoring the Ninth Amendment to the context of American federalism, this volume constitutes a major contribution to contemporary scholarship, challenging a corpus of commentary that either ignores, misunderstands, or misrepresents the relevance of popular control in the articulation of unenumerated rights. The Ninth Amendment and the Politics of Creative Jurisprudence will be of interest to political scientists, historians, legal theorists, and political practitioners.

This is the thirty-first volume in Religion and Public Life, formerly This World, a series on religion and public affairs. This ongoing series seeks to provide a wide-ranging forum for differing views on religious and ethical considerations. The essays grouped together in Culture and Consumption discuss the phenomenon of consumption, an identifiable and pervasive feature of American culture that distinguishes it from other national cultures. The lead article provides an insight into the long-standing pattern of consumption that has been progressively elevated into social policy in America. This is a balanced analysis of the history of the consumption cultural ethos beginning with the undermining of the Native American Culture and ending with Wilsonian Liberal-Internationalism and the demise of the moral authority of organized labor. This commercialization of culture has always competed with the funding vision of a dispassionate social order in which custom, deferential politics, and continuation of traditional hierarchal values would be the constitutional agenda. Another contributor argues that the emergence of the democratic-consumer state in America was anticipated in de Tocqueville's observation that "in democracies nothing has brighter luster than commercea." Other contributor essays treat issues such as the New Class and the consumer state; technology's triumph at the expense of the social and natural worlds; and argue against the materialist perspective in addiction. Culture and Consumption includes the following major contributions: "The Dialectic of Consumption: Materialism and Social Control" by David Brown; "Religion, Social Science and the Ironies of Parasitic Modernity" by Guy Alchon; The Dilemma of Hypermodernity" by Mark Wegierski; "Toward an Epistemology of Addiction" by Leonard Kaplan and Vince Rinella. Also included are book reviews by Martha Davis and Conrad Kanagy. In a concluding essay, Gabriel Ricci reviews

This collection of late antebellum U.S. Senate speeches exemplifies the official statements of the public men from the South, North, and West as they struggled with the questions of national identity and the right of self-government within the context of the rule of law.