Stanford, California : Hoover Institution Press, Stanford University, 2019.
Book — xv, 277 pages ; 23 cm.
Between reason and faith : preliminary notes
Diasporic nation and territorial nations
The Zionist deficit
"Negation of the exile" : stumbling block to acculturation
The Gordian Knot : religion and nationhood
The transition from sovereignty-in-the-making to sovereignty
The ethos of survival
The centrality of death in Israel
The interaction between governance and religion
Diverse characteristics of the counterrevolution in religious Zionism
The counterrevolution in the chronological mirror.
Over seven decades after the founding of Israel, the momentum to establish a Jewish state has led to remarkable achievements in the nation's "hardware": stable structures in government, the military, and the economy. At the same time, the "operating system", the guidelines that accommodate human diversity and enable coexistence, is still riddled with weaknesses. Arye Carmon diagnoses the critical vulnerabilities at the heart of Israeli democracy and the obstacles to forming a sustainable national consciousness. The author merges touching narratives about his own life in Israel with insightful ruminations on the Jewish diaspora and the arc of Israel's history, illuminating the conflicts between Jewish identities and between democratic values and the halacha -- the collective body of Jewish religious laws. There is no consensus on the characteristics that define Israel as a state that is both Jewish and democratic. Rather, the struggle between a secular and a religious Jewish identity, amid voices promoting ethnocentric nationalism, threatens to sever the ties that strengthen democracy. This cultural fragility has far-reaching implications for Israeli institutions and deepens societal rifts. Israel lacks a constitution to bind its democracy and a bill of rights to safeguard the freedoms of its citizens, enable the inclusion of diverse outlooks and beliefs, and underpin the norms of its civil society. (source: Nielsen Book Data)
Constitutional conservatism in America : recovering liberty
A way forward.
Can social conservatives and libertarians ever move beyond "agreeing to disagree"? Can those who emphasise safeguarding traditional morality and religion and those who stress the need to keep government firmly within fixed bounds form a principled alliance? In Constitutional Conservatism, Peter Berkowitz identifies the political principles social conservatives and libertarians share, or should share, and sketches the common ground on which they can and should join forces. Drawing on the writings of Edmund Burke, The Federalist, and the high points of post-World War II American conservatism, Berkowitz argues that the top political priority for social conservatives and libertarians should be to unite by rallying around the principles of liberty outlined in the Constitution and reclaim the wisdom embodied in America's founding charter of government. He shows that constitutional conservatism, well understood, provides a framework for developing a distinctive political agenda to which both social conservatives and libertarian conservatives can in good conscience subscribe. (source: Nielsen Book Data)
Constitutional law without the Constitution : the Supreme Court's remaking of America / Lino A. Graglia
The perverse paradoxes of privacy / Gary L. McDowell
A Court tilting against religious liberty / Terry Eastland
The new diplomacy threatens American sovereignty and values / David Davenport
The dangerous myth of universal jurisdiction / Lee A. Casey and David B. Rivkin, Jr.
During the past forty years, activists have repeatedly used the court system to accomplish substantive policy results that could not otherwise be obtained through the ordinary political processes of government, both in the United States and abroad. In five insightful essays, the contributors to this volume show how these legal decisions have undermined America's sovereignty and values. They reveal how international law challenges American beliefs and interests and exposes U.S. citizens to legal and economic risks, how the ""right to privacy"" poses a serious threat to constitutional self-government, how the Supreme Court's religion decisions have done serious damage to our religious freedom, and more. (source: Nielsen Book Data)
The combatant-detention trilogy through the lenses of history / Seth P. Waxman
The Supreme Court goes to war / Patricia Wald
Enemy combatants and the problems of judicial competence / John Yoo
Judicial baby-splitting and the failure of the political branches : thoughts on the enemy combatant cases / Benjamin Wittes
Our perfect Constitution revisited / Mark Tushnet
The Supreme Court and the Guantanamo controversy / Ruth Wedgwood.
Terrorism, the Laws of War, and the Constitution examines three enemy combatant cases that represent the leading edge of U.S. efforts to devise legal rules, consistent with American constitutional principles, for waging the global war on terror. The distinguished contributors analyze the crucial questions these cases raise about the balance between national security and civil liberties in wartime and call for a reexamination of the complex connections between the Constitution and international law. (source: Nielsen Book Data)