The South Dakota State Constitution (Oxford Commentaries on the State Constitutions of the United States) by Patrick M. Garry (2014-04-11)

http://www.amazon.com/gp/product/B01K31Q072/?tag=2022091-20

Rediscovering a Lost Freedom: The First Amendment Right to Censor Unwanted Speech by Patrick M. Garry (2006-07-30)

http://www.amazon.com/gp/product/B01K957WM4/?tag=2022091-20

Conservatism Redefined: A Creed for the Poor and Disadvantaged by Patrick Garry (2010-03-30)

http://www.amazon.com/gp/product/B01K3LLDWY/?tag=2022091-20

Rediscovering a Lost Freedom: The First Amendment Right to Censor Unwanted Speech by Patrick M. Garry (2009-02-28)

http://www.amazon.com/gp/product/B01K9AU1FO/?tag=2022091-20

Conservatism Redefined: A Creed for the Poor and Disadvantaged

( Throughout the 1980s and 1990s, conservatism possessed...)

Throughout the 1980s and 1990s, conservatism possessed a vibrancy that resulted from spirited intellectual inquiry and open debate. However, in the years leading up to the 2008 elections, this energy seemed to fade. It was as if the conservative movement became less concerned with ideas and more concerned with the preservation of political power. In Conservatism Redefined, Patrick Garry examines how Conservatives dug themselves into this hole, and how they can climb out. However, unlike many conservative pundits, Garry does not propose a simple, -rediscover our roots- credo. Instead, Conservatism Redefined reexamines and renews conservative ideology, explaining how the classical ideals of conservatism can be employed in new ways to address the concerns of citizens across the ethnic, generational, and economic spectrum. Conservatism in America is currently mired in its worst crisis since the 1960s. To be sure, the crisis accompanied the declining public opinion of the Bush presidency and the resurgence of liberalism and large, aggressive government in a time of crisis. But, as Patrick Garry explains, this does not mean that conservatism has been defeated as an ideology, it means it must be redefined.

http://www.amazon.com/gp/product/1594033471/?tag=2022091-20

Rediscovering a Lost Freedom: The First Amendment Right to Censor Unwanted Speech

( Since ratification of the First Amendment in the late e...)

Since ratification of the First Amendment in the late eighteenth century, there has been a sea change in American life. When the amendment was ratified, individuals were almost completely free of unwanted speech; but today they are besieged by it. Indeed, the First Amendment has, for all practical purposes, been commandeered by the media to justify intrusions of offensive speech into private life. In its application, the First Amendment has become one-sided. Even though America is virtually drowning in speech, the First Amendment only applies to the speaker's delivery of speech. Left out of consideration is the one participant in the communications process who is the most vulnerable and least protected--the helpless recipient of offensive speech. In Rediscovering a Lost Freedom, Patrick Garry addresses what he sees as the most pressing speech problem of the twenty-first century: an often irresponsible media using the First Amendment as a shield behind which to hide its socially corrosive speech. To Garry, the First Amendment should protect the communicative process as a whole. And for this process to be free and open, listeners should have as much right to be free from unwanted speech as speakers do of not being thrown in jail for uttering unpopular ideas. Rediscovering a Lost Freedom seeks to modernize the First Amendment. With other constitutional rights, changed circumstances have prompted changes in the law. Restrictions on political advertising seek to combat the perceived influences of big money; the Second Amendment right to bear arms, due to the prevalence of violence in America, has been curtailed; and the Equal Protection clause has been altered to permit affirmative action programs aimed at certain racial and ethnic groups. But when it comes to the flood of violent and vulgar media speech, there has been no change in First Amendment doctrines. This work proposes a government-facilitated private right to censor. Rediscovering a Lost Freedom will be of interest to students of American law, history, and the U.S. Constitution.

http://www.amazon.com/gp/product/141280860X/?tag=2022091-20

An Entrenched Legacy: How the New Deal Constitutional Revolution Continues to Shape the Role of the Supreme Court

( An Entrenched Legacy takes a fresh look at the role of ...)

An Entrenched Legacy takes a fresh look at the role of the Supreme Court in our modern constitutional system. Although criticisms of judicial power today often attribute its rise to the activism of justices seeking to advance particular political ideologies, Patrick Garry argues instead that the Supreme Court’s power has grown mainly because of certain constitutional decisions during the New Deal era that initially seemed to portend a lessening of the Court’s power. When the Court retreated from enforcing separation of powers and federalism as the twin structural protections for individual liberty in the face of FDR’s New Deal agenda, it was inevitably drawn into an alternative approach, substantive due process, as a means for protecting individual rights. This has led to many controversial judicial rulings, particularly regarding the recognition and enforcement of privacy rights. It has also led to the mistaken belief that the judiciary serves as the only protection of liberty and that an inherent conflict exists between individual liberty and majoritarian rule. Moreover, because the Court has assumed sole responsibility for preserving liberty, the whole area of individual rights has become highly centralized. As Garry argues, individual rights have been placed exclusively under judicial jurisdiction not because of anything the Constitution commands, but because of the constitutional compromise of the New Deal. During the Rehnquist era, the Court tried to reinvigorate the constitutional doctrine of federalism by strengthening certain powers of the states. But, according to Garry, this effort only went halfway toward a true revival of federalism, since the Court continued to rely on judicially enforced individual rights for the protection of liberty. A more comprehensive reform would require a return to the earlier reliance on both federalism and separation of powers as structural devices for protecting liberty. Such reform, as Garry notes, would also help revitalize the role of legislatures in our democratic system.

http://www.amazon.com/gp/product/0271032812/?tag=2022091-20