
On Constitutional Disobedience
Failed to add items
Add to Cart failed.
Add to Wish List failed.
Remove from wishlist failed.
Adding to library failed
Follow podcast failed
Unfollow podcast failed
$0.99/mo for the first 3 months

Buy for $19.95
No default payment method selected.
We are sorry. We are not allowed to sell this product with the selected payment method
-
Narrated by:
-
Winslow Thomas
About this listen
What would the Framers of the Constitution make of multinational corporations? Nuclear weapons? Gay marriage? They led a preindustrial country, much of it dependent on slave labor, huddled on the Atlantic seaboard. The Founders saw society as essentially hierarchical, led naturally by landed gentry like themselves. Yet we still obey their commands, two centuries and one civil war later. According to Louis Michael Seidman, it's time to stop.
In On Constitutional Disobedience, Seidman argues that, in order to bring our basic law up to date, it needs benign neglect. This is a highly controversial assertion. The doctrine of "original intent" may be found on the far right, but the entire political spectrum - left and right - shares a deep reverence for the Constitution. And yet, Seidman reminds us, disobedience is the original intent of the Constitution. The Philadelphia convention had gathered to amend the Articles of Confederation, not toss them out and start afresh. The "living Constitution" school tries to bridge the gap between the framers and ourselves by reinterpreting the text in light of modern society's demands. But this attempt is doomed, Seidman argues.
One might stretch "due process of law" to protect an act of same-sex sodomy, yet a loyal-but-contemporary reading cannot erase the fact that the Constitution allows a candidate who lost the popular election to be seated as president. And that is only one of the gross violations of popular will enshrined in the document. Seidman systematically addresses and refutes the arguments in favor of Constitutional fealty, proposing instead that it be treated as inspiration, not a set of commands. The Constitution is, at its best, a piece of poetry to liberty and self-government. If we treat it as such, the author argues, we will make better progress in achieving both.
©2012 Oxford University Press (P)2013 Audible, Inc.Listeners also enjoyed...
-
The Founders' Key
- The Divine and Natural Connection Between the Declaration and the Constitution and What We Risk by Losing It
- By: Dr. Larry Arnn
- Narrated by: Van Tracy
- Length: 7 hrs and 23 mins
- Unabridged
-
Overall
-
Performance
-
Story
Dr. Arnn, president of Hillsdale College, reveals this integral unity of the Declaration and the Constitution. Together, they form the pillars upon which the liberties and rights of the American people stand. United, they have guided history's first self-governing nation, forming our government under certain universal and eternal principles. Unfortunately, the effort to redefine government to reflect "the changing and growing social order" has gone very far toward success.
-
-
Linking Declaration and Constitution.
- By Ed Bethune on 04-26-24
By: Dr. Larry Arnn
-
The Quest for Cosmic Justice
- By: Thomas Sowell
- Narrated by: Robertson Dean
- Length: 5 hrs and 51 mins
- Unabridged
-
Overall
-
Performance
-
Story
This book is about the great moral issues underlying many of the headline-making political controversies of our times. It is not a comforting book but a book about disturbing and dangerous trends. The Quest for Cosmic Justice shows how confused conceptions of justice end up promoting injustice, how confused conceptions of equality end up promoting inequality, and how the tyranny of social visions prevents many people from confronting the actual consequences of their own beliefs and policies.
-
-
First released 20 years ago & now a classic!
- By Wayne on 11-05-18
By: Thomas Sowell
-
The Conscience of the Constitution
- The Declaration of Independence and the Right to Liberty
- By: Timothy Sandefur
- Narrated by: James Foster
- Length: 7 hrs and 15 mins
- Unabridged
-
Overall
-
Performance
-
Story
Timothy Sandefur's insightful book provides a dramatic new challenge to the status quo of constitutional law and argues a vital truth: our Constitution was written not to empower democracy, but to secure liberty. Yet the overemphasis on democracy by today's legal community - rather than the primacy of liberty, as expressed in the Declaration of Independence - has helped expand the scope of government power at the expense of individual rights.
-
-
Liberty!
- By David W. Norman on 05-03-15
By: Timothy Sandefur
-
Worse than Nothing
- The Dangerous Fallacy of Originalism
- By: Erwin Chemerinsky
- Narrated by: Daniel Henning
- Length: 7 hrs and 9 mins
- Unabridged
-
Overall
-
Performance
-
Story
Originalism, the view that the meaning of a constitutional provision is fixed when it is adopted, was once the fringe theory of a few extremely conservative legal scholars but is now a well-accepted mode of constitutional interpretation. Noted legal scholar Erwin Chemerinsky gives a comprehensive analysis of the problems that make originalism unworkable as a method of constitutional interpretation. He argues that the framers themselves never intended constitutional interpretation to be inflexible and shows how it is often impossible to know the "original intent" of any provision.
-
-
Impeccably Logical, Backed by 100 Specific Example
- By Amy Eaton on 03-17-23
-
A Matter of Interpretation
- Federal Courts and the Law
- By: Antonin Scalia, Amy Gutmann - editor foreword
- Narrated by: Christopher Grove
- Length: 6 hrs and 10 mins
- Unabridged
-
Overall
-
Performance
-
Story
We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative.
-
-
Deeper and denser but understandable
- By Danilo Josue Cardona on 07-13-24
By: Antonin Scalia, and others
-
The Authority of the Court and the Peril of Politics
- By: Stephen Breyer
- Narrated by: Jim Seybert
- Length: 1 hr and 52 mins
- Unabridged
-
Overall
-
Performance
-
Story
A growing chorus of officials and commentators argues that the Supreme Court has become too political. On this view, the confirmation process is just an exercise in partisan agenda-setting, and the jurists are no more than “politicians in robes” - their ostensibly neutral judicial philosophies mere camouflage for conservative or liberal convictions.
-
-
Excellent overview of Suo. Ct. Purpose, position and how it actually works
- By Georgia on 09-19-21
By: Stephen Breyer
-
The Founders' Key
- The Divine and Natural Connection Between the Declaration and the Constitution and What We Risk by Losing It
- By: Dr. Larry Arnn
- Narrated by: Van Tracy
- Length: 7 hrs and 23 mins
- Unabridged
-
Overall
-
Performance
-
Story
Dr. Arnn, president of Hillsdale College, reveals this integral unity of the Declaration and the Constitution. Together, they form the pillars upon which the liberties and rights of the American people stand. United, they have guided history's first self-governing nation, forming our government under certain universal and eternal principles. Unfortunately, the effort to redefine government to reflect "the changing and growing social order" has gone very far toward success.
-
-
Linking Declaration and Constitution.
- By Ed Bethune on 04-26-24
By: Dr. Larry Arnn
-
The Quest for Cosmic Justice
- By: Thomas Sowell
- Narrated by: Robertson Dean
- Length: 5 hrs and 51 mins
- Unabridged
-
Overall
-
Performance
-
Story
This book is about the great moral issues underlying many of the headline-making political controversies of our times. It is not a comforting book but a book about disturbing and dangerous trends. The Quest for Cosmic Justice shows how confused conceptions of justice end up promoting injustice, how confused conceptions of equality end up promoting inequality, and how the tyranny of social visions prevents many people from confronting the actual consequences of their own beliefs and policies.
-
-
First released 20 years ago & now a classic!
- By Wayne on 11-05-18
By: Thomas Sowell
-
The Conscience of the Constitution
- The Declaration of Independence and the Right to Liberty
- By: Timothy Sandefur
- Narrated by: James Foster
- Length: 7 hrs and 15 mins
- Unabridged
-
Overall
-
Performance
-
Story
Timothy Sandefur's insightful book provides a dramatic new challenge to the status quo of constitutional law and argues a vital truth: our Constitution was written not to empower democracy, but to secure liberty. Yet the overemphasis on democracy by today's legal community - rather than the primacy of liberty, as expressed in the Declaration of Independence - has helped expand the scope of government power at the expense of individual rights.
-
-
Liberty!
- By David W. Norman on 05-03-15
By: Timothy Sandefur
-
Worse than Nothing
- The Dangerous Fallacy of Originalism
- By: Erwin Chemerinsky
- Narrated by: Daniel Henning
- Length: 7 hrs and 9 mins
- Unabridged
-
Overall
-
Performance
-
Story
Originalism, the view that the meaning of a constitutional provision is fixed when it is adopted, was once the fringe theory of a few extremely conservative legal scholars but is now a well-accepted mode of constitutional interpretation. Noted legal scholar Erwin Chemerinsky gives a comprehensive analysis of the problems that make originalism unworkable as a method of constitutional interpretation. He argues that the framers themselves never intended constitutional interpretation to be inflexible and shows how it is often impossible to know the "original intent" of any provision.
-
-
Impeccably Logical, Backed by 100 Specific Example
- By Amy Eaton on 03-17-23
-
A Matter of Interpretation
- Federal Courts and the Law
- By: Antonin Scalia, Amy Gutmann - editor foreword
- Narrated by: Christopher Grove
- Length: 6 hrs and 10 mins
- Unabridged
-
Overall
-
Performance
-
Story
We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative.
-
-
Deeper and denser but understandable
- By Danilo Josue Cardona on 07-13-24
By: Antonin Scalia, and others
-
The Authority of the Court and the Peril of Politics
- By: Stephen Breyer
- Narrated by: Jim Seybert
- Length: 1 hr and 52 mins
- Unabridged
-
Overall
-
Performance
-
Story
A growing chorus of officials and commentators argues that the Supreme Court has become too political. On this view, the confirmation process is just an exercise in partisan agenda-setting, and the jurists are no more than “politicians in robes” - their ostensibly neutral judicial philosophies mere camouflage for conservative or liberal convictions.
-
-
Excellent overview of Suo. Ct. Purpose, position and how it actually works
- By Georgia on 09-19-21
By: Stephen Breyer
-
Scalia's Court
- A Legacy of Landmark Opinions and Dissents
- By: Antonin Scalia, Kevin A. Ring
- Narrated by: David Drummond
- Length: 16 hrs and 52 mins
- Unabridged
-
Overall
-
Performance
-
Story
The sudden passing of Justice Antonin Scalia shook America. After almost 30 years on the Supreme Court, Scalia had become as integral to the institution as the hallowed room in which he sat. His wisecracking interruptions during oral arguments, his unmatched legal wisdom, his unwavering dedication to the Constitution, and his blistering dissents defined his leadership role on the court and inspired new generations of policymakers and legal minds.
-
-
Understand the conservative philosophy of original
- By Proof Tree on 11-14-17
By: Antonin Scalia, and others
-
Making Our Democracy Work
- A Judge’s View
- By: Justice Stephen Breyer
- Narrated by: Luis Moreno
- Length: 10 hrs and 17 mins
- Unabridged
-
Overall
-
Performance
-
Story
Supreme Court Justice Stephen Breyer delivers an impassioned argument for the proper role of America’s highest judicial body. Examining historic and contemporary decisions by the Court, Breyer highlights the rulings that have bolstered public confidence as well as the missteps that have triggered distrust. What emerges is a unique approach - certain to be admired for years to come - to interpreting the Constitution.
-
-
Timely
- By Don on 05-17-17
-
What Is Populism?
- By: Jan-Werner Müller
- Narrated by: Simon Vance
- Length: 3 hrs and 10 mins
- Unabridged
-
Overall
-
Performance
-
Story
Donald Trump, Silvio Berlusconi, Marine Le Pen, Hugo Chávez - populists are on the rise across the globe. But what exactly is populism? Should everyone who criticizes Wall Street or Washington be called a populist? What precisely is the difference between right-wing and left-wing populism? Does populism bring government closer to the people or is it a threat to democracy? Who are "the people" anyway and who can speak in their name? In this groundbreaking volume, Jan-Werner Müller argues that at populism's core is a rejection of pluralism.
-
-
a political theory that is well supported
- By Midwestbonsai on 07-20-17
-
Dissent and the Supreme Court
- Its Role in the Court's History and the Nation's Constitutional Dialogue
- By: Melvin I. Urofsky
- Narrated by: Dan Woren
- Length: 19 hrs and 23 mins
- Unabridged
-
Overall
-
Performance
-
Story
From the admired judicial authority, author of Louis D. Brandeis (“Remarkable”—Anthony Lewis, The New York Review of Books; “Monumental”—Alan M. Dershowitz, The New York Times Book Review), Division and Discord, and Supreme Decisions—Melvin Urofsky’s major new book looks at the role of dissent in the Supreme Court and the meaning of the Constitution through the greatest and longest lasting public-policy debate in the country’s history, among members of the Supreme Court, between the Court and the other branches of government, and between the Court and the people of the United States.
-
-
Incisive
- By Jean on 08-30-16
-
The Essential Scalia
- On the Constitution, the Courts, and the Rule of Law
- By: Antonin Scalia, Jeffrey S. Sutton - editor, Edward Whelan - editor, and others
- Narrated by: Christopher Scalia, Karen Commins, Jason Culp
- Length: 12 hrs and 7 mins
- Unabridged
-
Overall
-
Performance
-
Story
A justice on the United States Supreme Court for three decades, Antonin Scalia transformed the way that judges, lawyers, and citizens think about the law. The Essential Scalia presents Justice Scalia on his own terms, allowing listeners to understand the reasoning and insights that made him one of the most consequential jurists in American history. Known for his forceful intellect and remarkable wit, Scalia mastered the art of writing in a way that both educated and entertained.
-
-
Great read to introduce Scalia's thought
- By Walter J. Caywood on 10-22-20
By: Antonin Scalia, and others
-
The Nation That Never Was
- Reconstructing America's Story
- By: Kermit Roosevelt
- Narrated by: Kermit Roosevelt III
- Length: 9 hrs and 8 mins
- Unabridged
-
Overall
-
Performance
-
Story
We face a dilemma these days. We want to be honest about our history and the racism and oppression that Americans have both inflicted and endured. But we want to be proud of our country, too. In The Nation That Never Was, Roosevelt shows how we can do both those things by realizing we’re not the country we thought we were. Reconstruction, Roosevelt argues, was not a fulfillment of the ideals of the Founding but rather a repudiation: we modern Americans are not the heirs of the Founders but of the people who overthrew and destroyed that political order.
-
-
A Necessary Book.
- By Jason Baumbach on 01-30-24
By: Kermit Roosevelt
-
Uncertain Justice
- The Roberts Court and the Constitution
- By: Laurence Tribe, Joshua Matz
- Narrated by: Holter Graham
- Length: 15 hrs and 25 mins
- Unabridged
-
Overall
-
Performance
-
Story
From Citizens United to its momentous rulings regarding Obamacare and gay marriage, the Supreme Court under Chief Justice John Roberts has profoundly affected American life. Yet the court remains a mysterious institution, and the motivations of the nine men and women who serve for life are often obscure. Now, in Uncertain Justice, Laurence Tribe and Joshua Matz show the surprising extent to which the Roberts Court is revising the meaning of our Constitution.
-
-
An unbias view of the Court
- By Jean on 07-14-14
By: Laurence Tribe, and others
-
Power Divided Is Power Checked
- The Argument for States' Rights
- By: Jason Lewis
- Narrated by: Jason Lewis
- Length: 3 hrs and 45 mins
- Unabridged
-
Overall
-
Performance
-
Story
Jason Lewis reminds us that the concept of states' rights, as bequeathed by the Founding Fathers to a grateful nation, was about a constitutional framework intended to limit the missteps of government and provide the greatest amount of freedom by not allowing the consolidation of power in the nation's capitol. He defines the essence of our constitutional republic and highlights the legal history of the relationship between the states and the federal government.
-
-
Excellent
- By Kegster on 10-03-22
By: Jason Lewis
-
Our Republican Constitution
- Securing the Liberty and Sovereignty of We the People
- By: Randy E. Barnett
- Narrated by: Barry Abrams
- Length: 9 hrs and 2 mins
- Unabridged
-
Overall
-
Performance
-
Story
The Constitution of the United States begins with the words "we the people". But from the earliest days of the American republic, there have been two competing notions of "the people", which led to two very different visions of the Constitution. Those who view "we the people" collectively think popular sovereignty resides in the people as a group, which leads them to favor a democratic constitution that allows the will of the people to be expressed by majority rule
-
-
Read the book, don't listen
- By I Keep AMZN in Business on 06-23-16
By: Randy E. Barnett
-
The Constitution
- An Introduction
- By: Michael Stokes Paulsen, Luke Paulsen
- Narrated by: Walter Dixon
- Length: 14 hrs and 31 mins
- Unabridged
-
Overall
-
Performance
-
Story
From war powers to health care, freedom of speech to gun ownership, religious liberty to abortion, practically every aspect of American life is shaped by the Constitution. This vital document, along with its history of political and judicial interpretation, governs our individual lives and the life of our nation. Yet most of us know surprisingly little about the Constitution itself, and are woefully unprepared to think for ourselves about recent developments in its long and storied history.
-
-
The Constitution-A must reading for All Americans
- By Robert on 06-12-15
By: Michael Stokes Paulsen, and others
-
Can It Happen Here?
- Authoritarianism in America
- By: Cass R. Sunstein
- Narrated by: Kaleo Griffith
- Length: 12 hrs and 5 mins
- Unabridged
-
Overall
-
Performance
-
Story
With the election of Donald J. Trump, many people on both the left and right feared that America's 240-year-old grand experiment in democracy was coming to an end, and that Sinclair Lewis' satirical novel, It Can't Happen Here, written during the dark days of the 1930s, could finally be coming true. Is the democratic freedom that the United States symbolizes really secure? Can authoritarianism happen in America? Acclaimed legal scholar, Harvard Professor, and best-selling author Cass R. Sunstein queried a number of the nation's leading thinkers.
By: Cass R. Sunstein
-
Corruption in America
- From Benjamin Franklin's Snuff Box to Citizens United
- By: Zephyr Teachout
- Narrated by: Jo Anna Perrin
- Length: 9 hrs and 36 mins
- Unabridged
-
Overall
-
Performance
-
Story
For two centuries, the Framers' ideas about political corruption flourished in the courts, even in the absence of clear rules governing voters, civil officers, and elected officials. In the 1970s, the U.S. Supreme Court began to narrow the definition of corruption, and the meaning has since changed dramatically. No case makes that clearer than Citizens United.
-
-
Law Review+
- By Ben P. on 01-02-17
By: Zephyr Teachout
What listeners say about On Constitutional Disobedience
Average customer ratingsReviews - Please select the tabs below to change the source of reviews.
-
Overall
-
Performance
-
Story
- michael klarman
- 08-13-22
brilliant
A brilliant book by Americas most distinguished constitutional theorist. Everyone interested in American constitutional law should read it.
Something went wrong. Please try again in a few minutes.
You voted on this review!
You reported this review!
1 person found this helpful