For the People What the Constitution Really Says About Your Rights

by Hirsch, Alan R.; Amar, Akhil Reed

• ISBN13: 9780684871028
• ISBN10: 0684871025
• Format: Paperback
• Copyright: 1999-08-13
• Publisher: Touchstone

Summary

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.

Author Biography

Alan Hirsch is a neurologist and psychiatrist specializing in the treatment of smell and taste loss. He is the neurological director of the Smell & Taste Treatment and Research Foundation in Chicago and a faculty member in the Department of Medicine at Mercy Hospital and Medical Center.

Akhil Reed Amar is a legal scholar known for his expertise in constitutional law and criminal procedure. He holds the position of Sterling Professor of Law and Political Science at Yale University. A Legal Affairs poll placed Amar among the top 20 contemporary US legal thinkers.

Table of Contents

Introduction	p. ix
The Ballot Box
The People's Right to Amend the Constitution	p. 3
Why Amendment by the People Is Not Dangerous	p. 20
The Right to Make State Law by Plebiscite	p. 34
The Jury Box
The Jury: What's the Big Idea?	p. 51
The Constitutional Right to Serve on Juries	p. 59
The Unconstitutionality of Peremptory Challenges	p. 64
Rethinking the For-Cause Dismissal	p. 79
The Right of Young Adults to Serve on Juries	p. 86
Jury Review	p. 93
Jury Nullification	p. 105
The Public's Right to a Jury Trial	p. 115
Suing Our Servants	p. 120
The Cartridge Box
National Security: The Constitutional Design	p. 129
The Constitutional Right to Serve in the Military	p. 135
Gays in the Military	p. 140
Women in Combat	p. 151
The Unconstitutionality of a National Draft (?)	p. 158
The Right to Bear Arms	p. 169
The Lunch Box
Forty Acres and a Mule	p. 183
Conclusion	p. 200
The Constitution of the United States	p. 203
EndNotes	p. 227
Index	p. 253
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