Clyde Ray - Academia.edu (original) (raw)
Papers by Clyde Ray
Constitutional Studies, 2019
The Social Science Journal, 2018
In Unfit for Democracy, Stephen Gottlieb argues that the greatest check on political power in the... more In Unfit for Democracy, Stephen Gottlieb argues that the greatest check on political power in the USA is not an institution but the American people, whose democratic rights are under siege by the d...
Law, Culture and the Humanities, 2016
This study considers Chief Justice John Marshall’s famous opinion in Marbury v. Madison (1803) as... more This study considers Chief Justice John Marshall’s famous opinion in Marbury v. Madison (1803) as a vehicle for investigating contemporary interpretations of both John Marshall and the concept of constitutional legitimacy. In it, I examine how Marshall’s opinion located legitimacy in several aspects of the Constitution, including its protection of rights, its embodiment of the consent of the governed, and its ability to organize and direct national politics. Thus, I suggest that Marshall offers a more comprehensive theory of constitutional legitimacy than many recent conceptualizations. Yet more than simply uniting existing approaches to constitutional legitimacy, I demonstrate that Marbury offers a unique theory of the Constitution’s moral legitimacy as well. This analysis of Marbury invites a new appraisal of Marshall as not only a legal and political thinker, but also a constitutional theorist with a distinctive understanding of the American Constitution and its role in the early...
Perspectives on Political Science, 2016
ABSTRACT Scholars have long debated John Marshall's intent in his famous opinion in the case ... more ABSTRACT Scholars have long debated John Marshall's intent in his famous opinion in the case of McCulloch v. Maryland (1819). Despite long-standing disagreement concerning the character of Marshall's nationalism and federalism, interpretations of the opinion typically rely on an incomplete picture of the case. This analysis revisits McCulloch to illustrate his support for national and state sovereignty as defined in the Constitution. It then moves beyond the opinion itself to examine Marshall's defense of McCulloch in a series of newspaper essays he authored in the aftermath of the case. Situated alongside the McCulloch opinion, these essays show that Marshall was as much concerned with defending the sovereignty of the Constitution as he was with adjudicating political authority between national and state governments.
The Encyclopedia of Political Thought, Sep 15, 2014
Protagoras was a Presocratic Greek philosopher and founder of sophistic education whose doctrine ... more Protagoras was a Presocratic Greek philosopher and founder of sophistic education whose doctrine of skepticism is criticized by Socrates in the Platonic dialogues. Believed to have been born in Abdera, Thrace, Protagoras was educated in philosophy by Democritus, a natural scientist and theorist of atomism. Aside from his career as a teacher, little is known concerning his life or career beyond brief biographical sketches provided by Diogenes Laertius and Sextus Empiricus. During his time in Athens, Protagoras associated with Pericles and other elites while composing a number of treatises on subjects ranging from the art of dialectic argument to wrestling. Diogenes has suggested that Protagoras was invited by Pericles to draft a constitution for the Athenian colony of Thurii in 443 bce. Protagoras’ professed agnosticism caused him to be expelled from Athens, and though tradition holds that his books were publicly burned, contemporary scholars have cast doubt on this claim. He died in exile. Keywords: Athens; Greece; Sophists
Journal of Church and State, 2008
The Encyclopedia of Political Thought, Sep 15, 2014
Parmenides was an ancient Greek philosopher credited with developing the monistic theory that ete... more Parmenides was an ancient Greek philosopher credited with developing the monistic theory that eternal Being governed sensory experience. He was an important figure in Presocratic philosophy and his theory significantly influenced later Greek philosophical inquiry. Keywords: Athens; Greece; Sophists
Journal of Church and State, 2008
"values" on different grounds, as Karl Löwith and Hans Blumenberg have argued that many early mod... more "values" on different grounds, as Karl Löwith and Hans Blumenberg have argued that many early modern thinkers did? Indeed, Fontana cites pagan sources for these values as well. This lack of thoroughness leads her to a torturous rationale for why Montaigne does not use the phrase "original sin" (p. 125) and to unwarranted conflations, such as these two uses of parenthesis: "good fortune (in other words, to God's grace)" and "law of nature (the law of God)" (pp. 123, 131). Not only is no evidence cited to justify these conflations, but the former one contradicts her claim that "[u]nlike other Christian writers, Montaigne was uninterested in establishing any association between 'fortune' and 'providence'" (p. 126). Finally, Fontana tries to clarify Montaigne's unorthodox Christianity by describing it as close to the Franciscan tradition. This is a novel interpretation, and one needing exploration. Yet the book offers not a single piece of evidence or argument for this view. It simply states three characteristics of this tradition that one assumes she thinks Montaigne shares, including "a benevolent vision of human nature" and "a militant commitment to Charity" (p. 47). It is hard to recognize Montaigne in these characteristics. In conclusion, this book valuably recreates for us some of Montaigne's immediate political context. In doing this, it argues that this is all there is to Montaigne's project, while at the same time indicating otherwise.
Journal of Church and State, 2008
Although often cited for his formidable role in shaping early American jurisprudence, John Marsha... more Although often cited for his formidable role in shaping early American jurisprudence, John Marshall is seldom conceived as a political thinker. This dissertation provides insight into this neglected dimension of Marshall's thought by examining his constitutional theory in the context of three of his most important Supreme Court opinions: Marbury v. Madison (1801), McCulloch v. Maryland (1819), and Ogden v. Saunders (1827). While many scholars have viewed Marshall's thought in exclusively partisan or legal terms, this interpretation draws attention to Marshall as a constitutional theorist concerned with the Constitution's basic moral legitimacy; its sovereignty over national and state government policy; and its ability to instill habits of democratic citizenship. I argue that these commitments illustrate Marshall's commitment to the Constitution as a source of national identity during the early-nineteenth century. In light of this recovery of Marshall's political ...
Appalachian Heritage, 1981
Contemporary Political Theory, 2016
Recently political theorists and philosophers have taken a greater interest in theorising real-wo... more Recently political theorists and philosophers have taken a greater interest in theorising real-world politics. Practice-dependent methods, political realism, and non-ideal theory exemplify and contribute to this shift. In this context, Jeremy Waldron's Political Political Theory can be considered as another move in these debates. In a similar vein to realists, Waldron argues that too much time is being devoted to theorising justice. In the everyday practice of politics, justice or any other ethical or political aim remains the object of disagreement. Consequently, Waldron argues, 'we need to inquire into the structures that are to house and redefine our disputes and the processes that are to regulate the way we resolve them' (p. 5). More specifically, political theorists should explore 'the foundations' of modern democratic institutions and constitutional principles, such as political parties and federalism. In this book, which consists of previously published essays edited for this collection and three completely new chapters, Waldron's insightful reflections uncover many nuances in principles often taken for granted in designing political institutions. The book consists of three parts. The first part is the introductory chapter, which sets the theoretical stage for the rest of the collection. Waldron's point of departure is that political theory should take seriously that disagreement about many concepts, such as justice and freedom, is the reason for politics. Political institutions and constitutional principles are the real-world normative tools to address such disagreements. Because institutions are real-world constructs rather than abstract entities, this has the methodological implication that political philosophy should take into account empirical research on their real-world consequences. The work of the philosopher should not, or at least not solely, assess institutions based on a particular conception of justice, liberty, or another aim. Waldron adds that analytical political theorists 'must reflect also on the deeper layers of dignitarian value' (p. 9), such as respect and recognition. These values
Catholic Social Science Review, 2021
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Constitutional Studies, 2019
The Social Science Journal, 2018
In Unfit for Democracy, Stephen Gottlieb argues that the greatest check on political power in the... more In Unfit for Democracy, Stephen Gottlieb argues that the greatest check on political power in the USA is not an institution but the American people, whose democratic rights are under siege by the d...
Law, Culture and the Humanities, 2016
This study considers Chief Justice John Marshall’s famous opinion in Marbury v. Madison (1803) as... more This study considers Chief Justice John Marshall’s famous opinion in Marbury v. Madison (1803) as a vehicle for investigating contemporary interpretations of both John Marshall and the concept of constitutional legitimacy. In it, I examine how Marshall’s opinion located legitimacy in several aspects of the Constitution, including its protection of rights, its embodiment of the consent of the governed, and its ability to organize and direct national politics. Thus, I suggest that Marshall offers a more comprehensive theory of constitutional legitimacy than many recent conceptualizations. Yet more than simply uniting existing approaches to constitutional legitimacy, I demonstrate that Marbury offers a unique theory of the Constitution’s moral legitimacy as well. This analysis of Marbury invites a new appraisal of Marshall as not only a legal and political thinker, but also a constitutional theorist with a distinctive understanding of the American Constitution and its role in the early...
Perspectives on Political Science, 2016
ABSTRACT Scholars have long debated John Marshall's intent in his famous opinion in the case ... more ABSTRACT Scholars have long debated John Marshall's intent in his famous opinion in the case of McCulloch v. Maryland (1819). Despite long-standing disagreement concerning the character of Marshall's nationalism and federalism, interpretations of the opinion typically rely on an incomplete picture of the case. This analysis revisits McCulloch to illustrate his support for national and state sovereignty as defined in the Constitution. It then moves beyond the opinion itself to examine Marshall's defense of McCulloch in a series of newspaper essays he authored in the aftermath of the case. Situated alongside the McCulloch opinion, these essays show that Marshall was as much concerned with defending the sovereignty of the Constitution as he was with adjudicating political authority between national and state governments.
The Encyclopedia of Political Thought, Sep 15, 2014
Protagoras was a Presocratic Greek philosopher and founder of sophistic education whose doctrine ... more Protagoras was a Presocratic Greek philosopher and founder of sophistic education whose doctrine of skepticism is criticized by Socrates in the Platonic dialogues. Believed to have been born in Abdera, Thrace, Protagoras was educated in philosophy by Democritus, a natural scientist and theorist of atomism. Aside from his career as a teacher, little is known concerning his life or career beyond brief biographical sketches provided by Diogenes Laertius and Sextus Empiricus. During his time in Athens, Protagoras associated with Pericles and other elites while composing a number of treatises on subjects ranging from the art of dialectic argument to wrestling. Diogenes has suggested that Protagoras was invited by Pericles to draft a constitution for the Athenian colony of Thurii in 443 bce. Protagoras’ professed agnosticism caused him to be expelled from Athens, and though tradition holds that his books were publicly burned, contemporary scholars have cast doubt on this claim. He died in exile. Keywords: Athens; Greece; Sophists
Journal of Church and State, 2008
The Encyclopedia of Political Thought, Sep 15, 2014
Parmenides was an ancient Greek philosopher credited with developing the monistic theory that ete... more Parmenides was an ancient Greek philosopher credited with developing the monistic theory that eternal Being governed sensory experience. He was an important figure in Presocratic philosophy and his theory significantly influenced later Greek philosophical inquiry. Keywords: Athens; Greece; Sophists
Journal of Church and State, 2008
"values" on different grounds, as Karl Löwith and Hans Blumenberg have argued that many early mod... more "values" on different grounds, as Karl Löwith and Hans Blumenberg have argued that many early modern thinkers did? Indeed, Fontana cites pagan sources for these values as well. This lack of thoroughness leads her to a torturous rationale for why Montaigne does not use the phrase "original sin" (p. 125) and to unwarranted conflations, such as these two uses of parenthesis: "good fortune (in other words, to God's grace)" and "law of nature (the law of God)" (pp. 123, 131). Not only is no evidence cited to justify these conflations, but the former one contradicts her claim that "[u]nlike other Christian writers, Montaigne was uninterested in establishing any association between 'fortune' and 'providence'" (p. 126). Finally, Fontana tries to clarify Montaigne's unorthodox Christianity by describing it as close to the Franciscan tradition. This is a novel interpretation, and one needing exploration. Yet the book offers not a single piece of evidence or argument for this view. It simply states three characteristics of this tradition that one assumes she thinks Montaigne shares, including "a benevolent vision of human nature" and "a militant commitment to Charity" (p. 47). It is hard to recognize Montaigne in these characteristics. In conclusion, this book valuably recreates for us some of Montaigne's immediate political context. In doing this, it argues that this is all there is to Montaigne's project, while at the same time indicating otherwise.
Journal of Church and State, 2008
Although often cited for his formidable role in shaping early American jurisprudence, John Marsha... more Although often cited for his formidable role in shaping early American jurisprudence, John Marshall is seldom conceived as a political thinker. This dissertation provides insight into this neglected dimension of Marshall's thought by examining his constitutional theory in the context of three of his most important Supreme Court opinions: Marbury v. Madison (1801), McCulloch v. Maryland (1819), and Ogden v. Saunders (1827). While many scholars have viewed Marshall's thought in exclusively partisan or legal terms, this interpretation draws attention to Marshall as a constitutional theorist concerned with the Constitution's basic moral legitimacy; its sovereignty over national and state government policy; and its ability to instill habits of democratic citizenship. I argue that these commitments illustrate Marshall's commitment to the Constitution as a source of national identity during the early-nineteenth century. In light of this recovery of Marshall's political ...
Appalachian Heritage, 1981
Contemporary Political Theory, 2016
Recently political theorists and philosophers have taken a greater interest in theorising real-wo... more Recently political theorists and philosophers have taken a greater interest in theorising real-world politics. Practice-dependent methods, political realism, and non-ideal theory exemplify and contribute to this shift. In this context, Jeremy Waldron's Political Political Theory can be considered as another move in these debates. In a similar vein to realists, Waldron argues that too much time is being devoted to theorising justice. In the everyday practice of politics, justice or any other ethical or political aim remains the object of disagreement. Consequently, Waldron argues, 'we need to inquire into the structures that are to house and redefine our disputes and the processes that are to regulate the way we resolve them' (p. 5). More specifically, political theorists should explore 'the foundations' of modern democratic institutions and constitutional principles, such as political parties and federalism. In this book, which consists of previously published essays edited for this collection and three completely new chapters, Waldron's insightful reflections uncover many nuances in principles often taken for granted in designing political institutions. The book consists of three parts. The first part is the introductory chapter, which sets the theoretical stage for the rest of the collection. Waldron's point of departure is that political theory should take seriously that disagreement about many concepts, such as justice and freedom, is the reason for politics. Political institutions and constitutional principles are the real-world normative tools to address such disagreements. Because institutions are real-world constructs rather than abstract entities, this has the methodological implication that political philosophy should take into account empirical research on their real-world consequences. The work of the philosopher should not, or at least not solely, assess institutions based on a particular conception of justice, liberty, or another aim. Waldron adds that analytical political theorists 'must reflect also on the deeper layers of dignitarian value' (p. 9), such as respect and recognition. These values
Catholic Social Science Review, 2021
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