Broken Constitution

A New York Times Book Review Editors' Choice An innovative account of Abraham Lincoln, constitutional thinker and doer Abraham Lincoln is justly revered for his brilliance, compassion, humor, and rededication of the United States to achieving liberty and justice for all. He led the nation into a bloody civil war to uphold the system of government established by the US Constitution--a system he regarded as the "last best hope of mankind." But how did Lincoln understand the Constitution? In this groundbreaking study, Noah Feldman argues that Lincoln deliberately and recurrently violated the United States' founding arrangements. When he came to power, it was widely believed that the federal government could not use armed force to prevent a state from seceding. It was also assumed that basic civil liberties could be suspended in a rebellion by Congress but not by the president, and that the federal government had no authority over slavery in states where it existed. As president, Lincoln broke decisively with all these precedents, and effectively rewrote the Constitution's place in the American system. Before the Civil War, the Constitution was best understood as a compromise pact--a rough and ready deal between states that allowed the Union to form and function. After Lincoln, the Constitution came to be seen as a sacred text--a transcendent statement of the nation's highest ideals. The Broken Constitution is the first book to tell the story of how Lincoln broke the Constitution in order to remake it. To do so, it offers a riveting narrative of his constitutional choices and how he made them--and places Lincoln in the rich context of thinking of the time, from African American abolitionists to Lincoln's Republican rivals and Secessionist ideologues. Includes 8 Pages of Black-and-White Illustrations

The Broken Constitution: Lincoln, Slavery, and the Refounding of America

Biographies & Memoirs

Feldman, Noah

Community & Culture

Farrar. Straus and Giroux

A lucid and compelling case for a new American stance toward the Islamic world. What comes after jihad? Outside the headlines, believing Muslims are increasingly calling for democratic politics in their undemocratic countries. But can Islam and democracy successfully be combined? Surveying the intellectual and geopolitical terrain of the contemporary Muslim world, Noah Feldman proposes that Islamic democracy is indeed viable and desirable, and that the West, particularly the United States, should work to bring it about, not suppress it. Encouraging democracy among Muslims threatens America's autocratic Muslim allies, and raises the specter of a new security threat to the West if fundamentalists are elected. But in the long term, the greater threat lies in continuing to support repressive regimes that have lost the confidence of their citizens. By siding with Islamic democrats rather than the regimes that repress them, the United States can bind them to the democratic principles they say they support, reducing anti-Americanism and promoting a durable peace in the Middle East. After Jihad gives the context for understanding how the many Muslims who reject religious violence see the world after the globalization of democracy. It is also an argument about how American self-interest can be understood to include a foreign policy consistent with the deeply held democratic values that make America what it is. At a time when the encounter with Islam has become the dominant issue of U.S. foreign policy, After Jihad provides a road map for making democracy work in a region where the need for it is especially urgent.

After Jihad: America and the Struggle for Islamic Democracy

Religion & Spirituality

Islam

Divided by God: America's Church-State Problem--and What We Should Do About It

A brilliant and urgent appraisal of one of the most profound conflicts of our time Even before George W. Bush gained reelection by wooing religiously devout "values voters," it was clear that church-state matters in the United States had reached a crisis. With Divided by God, Noah Feldman shows that the crisis is as old as this country--and looks to our nation's past to show how it might be resolved. Today more than ever, ours is a religiously diverse society: Muslim, Hindu, and Buddhist as well as Catholic, Protestant, and Jewish. And yet more than ever, committed Christians are making themselves felt in politics and culture. What are the implications of this paradox? To answer this question, Feldman makes clear that again and again in our nation's history diversity has forced us to redraw the lines in the church-state divide. In vivid, dramatic chapters, he describes how we as a people have resolved conflicts over the Bible, the Pledge of Allegiance, and the teaching of evolution through appeals to shared values of liberty, equality, and freedom of conscience. And he proposes a brilliant solution to our current crisis, one that honors our religious diversity while respecting the long-held conviction that religion and state should not mix. Divided by God speaks to the headlines, even as it tells the story of a long-running conflict that has made the American people who we are.

History

World

To Be a Jew Today: A New Guide to God, Israel, and the Jewish People

Americas

A lucid and compelling case for a new American stance toward the Islamic world.
What comes after jihad? Outside the headlines, believing Muslims are increasingly calling for democratic politics in their undemocratic countries. But can Islam and democracy successfully be combined? Surveying the intellectual and geopolitical terrain of the contemporary Muslim world, Noah Feldman proposes that Islamic democracy is indeed viable and desirable, and that the West, particularly the United States, should work to bring it about, not suppress it.
Encouraging democracy among Muslims threatens America's autocratic Muslim allies, and raises the specter of a new security threat to the West if fundamentalists are elected. But in the long term, the greater threat lies in continuing to support repressive regimes that have lost the confidence of their citizens. By siding with Islamic democrats rather than the regimes that repress them, the United States can bind them to the democratic principles they say they support, reducing anti-Americanism and promoting a durable peace in the Middle East. 
After Jihad gives the context for understanding how the many Muslims who reject religious violence see the world after the globalization of democracy. It is also an argument about how American self-interest can be understood to include a foreign policy consistent with the deeply held democratic values that make America what it is. At a time when the encounter with Islam has become the dominant issue of U.S. foreign policy, After Jihad provides a road map for making democracy work in a region where the need for it is especially urgent.

Middle East

A brilliant and urgent appraisal of one of the most profound conflicts of our time
Even before George W. Bush gained reelection by wooing religiously devout "values voters," it was clear that church-state matters in the United States had reached a crisis. With Divided by God, Noah Feldman shows that the crisis is as old as this country--and looks to our nation's past to show how it might be resolved. 
Today more than ever, ours is a religiously diverse society: Muslim, Hindu, and Buddhist as well as Catholic, Protestant, and Jewish. And yet more than ever, committed Christians are making themselves felt in politics and culture.
What are the implications of this paradox? To answer this question, Feldman makes clear that again and again in our nation's history diversity has forced us to redraw the lines in the church-state divide. In vivid, dramatic chapters, he describes how we as a people have resolved conflicts over the Bible, the Pledge of Allegiance, and the teaching of evolution through appeals to shared values of liberty, equality, and freedom of conscience. And he proposes a brilliant solution to our current crisis, one that honors our religious diversity while respecting the long-held conviction that religion and state should not mix. 
Divided by God speaks to the headlines, even as it tells the story of a long-running conflict that has made the American people who we are.

A tiny, ebullient Jew who started as America's leading liberal and ended as its most famous judicial conservative. A Klansman who became an absolutist advocate of free speech and civil rights. A backcountry lawyer who started off trying cases about cows and went on to conduct the most important international trial ever. A self-invented, tall-tale Westerner who narrowly missed the presidency but expanded individual freedom beyond what anyone before had dreamed. Four more different men could hardly be imagined. Yet they had certain things in common. Each was a self-made man who came from humble beginnings on the edge of poverty. Each had driving ambition and a will to succeed. Each was, in his own way, a genius. They began as close allies and friends of FDR, but the quest to shape a new Constitution led them to competition and sometimes outright warfare. SCORPIONS tells the story of these four great justices: their relationship with Roosevelt, with each other, and with the turbulent world of the Great Depression, World War II, and the Cold War. It also serves as a history of the modern Constitution itself.

Scorpions: The Battles and Triumphs of FDR's Great Supreme Court Justices

Historical

Twelve

Perhaps no other Western writer has more deeply probed the bitter struggle in the Muslim world between the forces of religion and law and those of violence and lawlessness as Noah Feldman. His scholarship has defined the stakes in the Middle East today. Now, in this incisive book, Feldman tells the story behind the increasingly popular call for the establishment of the shari'a--the law of the traditional Islamic state--in the modern Muslim world.
 Western powers call it a threat to democracy. Islamist movements are winning elections on it. Terrorists use it to justify their crimes. What, then, is the shari'a? Given the severity of some of its provisions, why is it popular among Muslims? Can the Islamic state succeed--should it? Feldman reveals how the classical Islamic constitution governed through and was legitimated by law. He shows how executive power was balanced by the scholars who interpreted and administered the shari'a, and how this balance of power was finally destroyed by the tragically incomplete reforms of the modern era. The result has been the unchecked executive dominance that now distorts politics in so many Muslim states. Feldman argues that a modern Islamic state could provide political and legal justice to today's Muslims, but only if new institutions emerge that restore this constitutional balance of power.
The Fall and Rise of the Islamic State gives us the sweeping history of the traditional Islamic constitution--its noble beginnings, its downfall, and the renewed promise it could hold for Muslims and Westerners alike.

The Fall and Rise of the Islamic State (Council on Foreign Relations)

Princeton Univ Pr

What do we owe Iraq?
 America is up to its neck in nation building--but the public debate, focused on getting the troops home, devotes little attention to why we are building a new Iraqi nation, what success would look like, or what principles should guide us. What We Owe Iraq sets out to shift the terms of the debate, acknowledging that we are nation building to protect ourselves while demanding that we put the interests of the people being governed--whether in Iraq, Afghanistan, Kosovo, or elsewhere--ahead of our own when we exercise power over them.
 Noah Feldman argues that to prevent nation building from turning into a paternalistic, colonialist charade, we urgently need a new, humbler approach. Nation builders should focus on providing security, without arrogantly claiming any special expertise in how successful nation-states should be made. Drawing on his personal experiences in Iraq as a constitutional adviser, Feldman offers enduring insights into the power dynamics between the American occupiers and the Iraqis, and tackles issues such as Iraqi elections, the prospect of successful democratization, and the way home.
 Elections do not end the occupier's responsibility. Unless asked to leave, we must resist the temptation of a military pullout before a legitimately elected government can maintain order and govern effectively. But elections that create a legitimate democracy are also the only way a nation builder can put itself out of business and--eventually--send its troops home.
 Feldman's new afterword brings the Iraq story up-to-date since the book's original publication in 2004, and asks whether the United States has acted ethically in pushing the political process in Iraq while failing to control the security situation; it also revisits the question of when, and how, to withdraw.

What We Owe Iraq: War and the Ethics of Nation Building

Princeton University Press

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Books by Feldman, Noah

See the best price to sell, buy, or rent books by Feldman, Noah. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

The Broken Constitution: Lincoln, Slavery, and the Refounding of America

After Jihad: America and the Struggle for Islamic Democracy

Divided by God: America's Church-State Problem--and What We Should Do About It

To Be a Jew Today: A New Guide to God, Israel, and the Jewish People

After Jihad: America and the Struggle for Islamic Democracy

Divided by God: America's Church-State Problem--and What We Should Do About It

Scorpions: The Battles and Triumphs of FDR's Great Supreme Court Justices

Scorpions: The Battles and Triumphs of FDR's Great Supreme Court Justices

The Fall and Rise of the Islamic State (Council on Foreign Relations)

What We Owe Iraq: War and the Ethics of Nation Building