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For the People: What the Constitution Really Says About Your Rights
 
 
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For the People: What the Constitution Really Says About Your Rights [Paperback]

Akhil Reed Amar (Author), Alan R. Hirsch (Author)
4.0 out of 5 stars  See all reviews (6 customer reviews)

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Book Description

August 13, 1999
When serving on a jury, can you ever interpret the Constitution yourself? When threatened by your city's taking of your property, do you have any recourse aside from lobbying or voting the bums out in the next election? If you disagree with a Supreme Court decision, is there anything you can do? In this bold and groundbreaking book, Akhil Reed Amar and Alan Hirsch answer "yes" to these questions and invite you to rediscover your Constitution. Over time, our rich constitutional rights have been obscured, along with this essential truth: We own our government, and government officials operate at our discretion. To preserve that ownership, the Framers of the Constitution gave the People crucial rights and responsibilities—which, regrettably, have faded from view. At the ballot box, in the jury room, and on the battlefield, the People wield far more rights than we generally realize.

For example, through a kind of national referendum, we may amend the Constitution. This right, though rarely acknowledged by the lawyers and government officials who today dominate conversation about the Constitution, was at the very heart of the country's founding and was recognized as fundamental by the Framers. By majority vote we could, for example, pass term limits or affirm gay rights. The Framers also gave great power to juries as representatives of the People, expected to act as checks on the power of unelected judges. Although it is another right that has fallen into disuse, in some cases jurors may interpret the Constitution themselves. And the Framers placed primary responsibility for national security in the hands of a citizen body (the militia), as opposed to a professional army, in part so the People would have recourse if the government ever turned tyrannical. How many of us are aware of these rights? How many of us might work for new referenda or view jury service differently if we became aware of them?

We—all of us, black and white, male and female, straight and gay—are sovereign in our own nation. We are the rulers; government officials are our servants. It is high time to rediscover the true meaning of our Constitution.


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Editorial Reviews

From Booklist

Liberal and conservative constitutional arguments--"original intent" versus "unenumerated rights," and so on--are very stale, but Yale Law School professor Amar and attorney-writer Hirsch aim to change that by attacking the assumptions of both camps in a populist interpretation of the "grand corpus of democratic rights" contained in "the Framers' Constitution." Other scholars, Amar and Hirsch argue, undervalue sections of the Constitution, scrutinize each section in isolation from other sections, and focus on "the Madisonian dilemma" (majority rule versus minority rights), without recognizing those rights the document grants or acknowledges that belong, not to individuals, but to "We the People." They discuss these rights in terms of four "boxes" (ballot, jury, cartridge, and lunch), presenting constitutional readings so different from recent decisions that For the People is sure to give Court TV's usual suspects apoplexy. A healthy challenge to conventional wisdom, with significant implications for public policy, from how we change the Constitution and state statutes and who serves on juries and in the military to what a constitutional government owes its citizens. Mary Carroll --This text refers to an out of print or unavailable edition of this title.

From Kirkus Reviews

A strange sight, indeed: Popular sovereignty is taken seriously in a discussion of the Constitution. In this populist interpretation of the Constitution, Amar (Law/Yale) and Hirsch (a freelance writer and graduate of Yale Law School) insist that ``we the people'' denotes a collective entity, not a collection of individuals. They contend that viewing the Constitution ``through the prism of the individual'' has overemphasized the majority-rule/minority-rights debate and has been reinforced by the tendency to dissect discrete passages rather than interpret the document as a whole. We have come to assume that ``rights'' refers to individual rights, ignoring the politically more fundamental conception of rights held by the public as a whole. Amar and Hirsch respond to this deficiency by exploring the implications of a broad reading (not to be confused with loose construction) of the Constitution regarding constitutional amendment, juries, and the military. In this volume's most controversial argument, the authors maintain that the specific procedures for amendment outlined in the Constitution do not preclude direct amendment by majority vote of the populace. The logic is inescapably democratic: If popular sovereignty is meaningful, how could the people be deprived of the right to amend the Constitution? Similarly, Amar and Hirsch find inalienable rights applicable to juries and the military, with straightforward implications. Peremptory challenges eliminating a candidate from jury service, for example, are not consistent with either the citizen's right to serve or the public's right to try the accused. Access to military service is no less a citizen's right or a public concern, consequently the authors argue that blocking the entry of gays or women into the ranks is indefensibleif the rights of ``we the people'' are truly paramount. Consistent and contentious throughout, Amar and Hirsch offer an analysis that should threaten both liberals and conservatives with a commitment to popular sovereignty both like to avoid. -- Copyright ©1998, Kirkus Associates, LP. All rights reserved. --This text refers to an out of print or unavailable edition of this title.

Product Details

  • Paperback: 272 pages
  • Publisher: Touchstone; Original edition (August 13, 1999)
  • Language: English
  • ISBN-10: 0684871025
  • ISBN-13: 978-0684871028
  • Product Dimensions: 9 x 6 x 0.7 inches
  • Shipping Weight: 15.4 ounces (View shipping rates and policies)
  • Average Customer Review: 4.0 out of 5 stars  See all reviews (6 customer reviews)
  • Amazon Best Sellers Rank: #1,258,027 in Books (See Top 100 in Books)

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Customer Reviews

6 Reviews
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Average Customer Review
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4 of 5 people found the following review helpful:
4.0 out of 5 stars An interesting try at reclaiming the constitution from elite, July 30, 1998
Amar and Hirsch set forth a number of theses that are sure to infuriate mainstream constitutional scholars: the importance of the jury, the centrality of the militia to the framers, and above all, their emphasis on popular sovereignty. Some parts of their analysis are less persuasive than others -- the notion of amending the Constitution without formal amendment, for example -- but overall the book is certain to arouse interest in many quarters.
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2 of 4 people found the following review helpful:
4.0 out of 5 stars Review of For the People, December 24, 2000
By A Customer
This book is VERY thought provoking. It examines the basis for our constitutional rights with some keen insight. Problematic in the book is the fact that the authors, while building an excellent history, tend to get lost in their own vision /version of what the Constitution means rather than a clearly referenced document with meanings that can be clearly seen today. I own the book, not for its point of view but because of the issues it raises.
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0 of 1 people found the following review helpful:
4.0 out of 5 stars Popular Sovereignty, March 5, 2010
This review is from: For the People: What the Constitution Really Says About Your Rights (Paperback)
FOR THE PEOPLE is not a typical book about the U.S. Constitution in that it doesn't totally adopt either a liberal or a conservative viewpoint.

The authors write in the introduction that the scheme of the Constitution is actually more populist than libertarian. They examine the Constitution as a tapestry rather than individual portions.

The authors argue citizens have sovereignty, not government when addressing the topic of "sovereign immunity."

The main point of this book is that the Constitution belongs to the citizens and that there are some facets of that document that you don't often read about.
On page 7 they write " All exercise of authority must derive from us."

One of the more intriguing subjects relates to amending the Constitution- the popular amendment to be specific. The authors make the case that a national referendum is a legitimate alternative.

For an unfamiliar, thought-provoking book on Constitutional rights, responsibilities, and it's history I recommend FOR THE PEOPLE.
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Inside This Book (learn more)
First Sentence:
WE LEARN IN CIVICS CLASS that the principal power of the people in a democracy is at the ballot box. Read the first page
Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
unorganized militia, armed citizenry, jury review, gay soldiers, jury nullification, qualified citizens
Key Phrases - Capitalized Phrases (CAPs): (learn more)
Supreme Court, Second Amendment, United States, Thirteenth Amendment, Sixth Amendment, First Amendment, Eleventh Amendment, Bill of Rights, Nineteenth Amendment, Declaration of Independence, Fourteenth Amendment, Republican Form of Government Clause, Thomas Jefferson, James Madison, Fifteenth Amendment, Third Amendment, Civil War, Fourth Amendment, Ninth Amendment, Vietnam War, Alexander Hamilton, James Wilson, National Guard, Tenth Amendment, Oliver North
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