The Cult of the Constitution (Hardback)
  • The Cult of the Constitution (Hardback)
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The Cult of the Constitution (Hardback)

(author)
£19.99
Hardback 280 Pages / Published: 14/05/2019
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What does it mean to be faithful to the Constitution? In this controversial and provocative book, Mary Anne Franks examines the thin line between constitutional fidelity and constitutional fundamentalism.The Cult of the Constitution reveals how deep fundamentalist strains in both conservative and liberal American thought keeps the Constitution in the service of white male supremacy.

Using the First and Second Amendments and the corresponding rights to speech, guns, and expression on the internet as examples, Franks reveals how these amendments have received outsized attention. They have historically protected the rights of the most powerful members of society, while parts of the constitution that seek to uphold equality and reciprocity languish in relative obscurity. Like religious fanatics, legal fanatics from the Right and the Left, including NRA and the ACLU, read their sacred text in a highly selective and self-serving manner. Relying on broad emotional appeals rather than careful evaluations of testable propositions, legal fanatics characterize disagreement as "unconstitutional" or "un-American," in order to impose their fundamentalist views, no matter the cost. The constitutional cult engages in an uncritical dedication to a foundational text; a constant sense of external threat; an inability to recognize inconsistent principles; and a world view that inverts the positions of the powerful and the marginalized.

Franks entreats readers to use legal reasoning and legal concepts correctly in order to dismantle a Constitutional cult that has sustained an elitist and antidemocratic system of protection for more than two hundred years.
The Constitution itself contains the antidote to fundamentalism. The promise of equal protection forbids the selective interpretation and application of constitutional rights. The Cult of the Constitution lays bare the dark, antidemocratic consequences of constitutional fundamentalism and urges readers to take the Constitution seriously, not selectively.

Publisher: Stanford University Press
ISBN: 9781503603226
Number of pages: 280
Dimensions: 229 x 152 mm

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