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Books > Social sciences > Politics & government > Political structure & processes > Constitution, government & the state
With the American revolutionaries in discord following victory at Yorktown and the Paris Peace Treaty of 1783, the proposed federal Constitution of 1787 faced an uncertain future when it was sent to the states for ratification. Sensing an historic moment, three authors - Alexander Hamilton, James Madison and John Jay - circulated 85 essays among their fellow statesmen, arguing for a strong federal union. Next to the Constitution itself, the Federalist Papers are the most referenced statement of the Founding Fathers' intentions in forming the U.S. Government. This book takes a fresh look at the Papers in the context of the times in which they were created.
One of the most contentious issues in America today is the status of immigration. American Immigration and Citizenship shows that this issue is far from new. In this book, John Vile provides context for contemporary debates on the topic through key historical documents presented alongside essays that interpret their importance for the reader. The author concludes that a highly-interconnected world presents no easy answers and offers no single immigration policy that will work for all time. The book includes a mix of laws, constitutional provisions, speeches, and judicial decisions from each period. Vile furthermore traces the interconnections between issues of citizenship and issues of immigration, indicating that public opinion and legislation has often contained contradictory strains. Although the primary focus has been on national laws and decisions, some of the readings clearly indicate the stakes that states, which are often affected disproportionately by such laws, have also had in this process.
The Historical Dictionary of the U.S. Constitution covers the Founding of the American Republic and the Framers, the drafting of the Constitution, constitutional debates over ratification, and traces key events, Supreme Court chief justices, amendments, and Supreme Court cases regarding the interpretation of the Constitution from 1789-2016. The Historical Dictionary of the U.S. Constitution contains a chronology, an introduction, appendixes, and an extensive bibliography. The dictionary section has over 300 cross-referenced entries on key figures in the Founding, Supreme Court chief justices, explanations of the Articles and Amendments to the Constitution, and key Supreme Court cases. This book is an excellent access point for students, researchers, and anyone wanting to know more about the U.S. Constitution.
Herbert Hoover rose from a rudimentary background to establish himself as a self-made millionaire and leading progressive reformer. Until the disaster that hit the nation in 1929, Hoover was known globally as the "Great Humanitarian" who had saved the lives of scores of millions of Europeans and Asians during and following WWI. As Secretary of Commerce through the twenties, the "Great Engineer" constructed, tooled, and fine-tuned the most powerful economy in the world. Hoover was celebrated as a representative product of America's rise to global domination and a formidable voice for progressivism who could finish the job in the White House. The Depression was Hoover's undoing, but historians recognize they must take account of his considerable contributions to the creation of "twentieth-century America." As we learn more of that America, Hoover makes "more sense." With due consideration of Hoover's accomplishments, one can further understand the construction of the American industrial and corporate economy, progressivism and the New Deal, and political posturing throughout the century. Equally significant, one can comprehend twentieth-century "cash-box" culture and Hoover's formidable contributions as a public servant to the commodification of American life. He endeavored to establish that all could fulfill a secure, middle-class life-in essence, achieve the "American Dream." This concept in part was created by Hoover, who also was considered one of the nation's public-relations geniuses. The political establishment continues to build upon the social and cultural foundation he laid. That foundation, while under stress, remains fundamentally sound as the nation enters the twenty-first century. The criticisms rained down upon American materialism echo dangers Hoover warned against. He subscribed to the maxim that a genuinely good society is not one premised upon material values; it is established upon a widely distributed sense of well-being grounded in service and compassion. Hoover never lost sight of the imperative of selflessness for the good of others, the nation, and oneself within an individualistically driven society rich in comforts and security. He sedulously worked to create a middle-class identity which spoke to material well-being and fundamental decency. A true believer, Herbert Clark Hoover energetically embraced the "American Promise."
Vital perspectives for the divided Trump era on what the Constitution's framers intended when they defined the extent-and limits-of presidential power One of the most vexing questions for the framers of the Constitution was how to create a vigorous and independent executive without making him king. In today's divided public square, presidential power has never been more contested. The President Who Would Not Be King cuts through the partisan rancor to reveal what the Constitution really tells us about the powers of the president. Michael McConnell provides a comprehensive account of the drafting of presidential powers. Because the framers met behind closed doors and left no records of their deliberations, close attention must be given to their successive drafts. McConnell shows how the framers worked from a mental list of the powers of the British monarch, and consciously decided which powers to strip from the presidency to avoid tyranny. He examines each of these powers in turn, explaining how they were understood at the time of the founding, and goes on to provide a framework for evaluating separation of powers claims, distinguishing between powers that are subject to congressional control and those in which the president has full discretion. Based on the Tanner Lectures at Princeton University, The President Who Would Not Be King restores the original vision of the framers, showing how the Constitution restrains the excesses of an imperial presidency while empowering the executive to govern effectively.
At the beginning of the century, the majority of Americans were satisfied with the way things were going in the United States. And then a slow decline began, seemingly uninterrupted by changes in party or achievements by the White House. As the campaigning for the next president begins, the question we ask ourselves now is who will be the most competent leader? In Why Presidents Fail and How They Can Succeed Again, Elaine Kamarck asks another important question: When did Americans lose faith in their leaders? And how can they get it back? Kamarack argues that presidents today spent too much time talking, and not enough time governing. After decades of "imperial" and "rhetorical" presidencies, we are in need of a "managerial" president. In her fully readable and accessible book, she explains the difficulties of governing in our modern political landscape, and offers examples and recommendations of how our next president can not only recreate faith in leadership, but also run a competent, successful administration.
This volume examines drug policies and the role of cooperation in the Americas. Many current and former politicians have discussed the failures of the war on drugs and the need for alternative approaches. Uruguay as well as Colorado and Washington have legalized marijuana. The Organization of American states produced a report in 2013 which discussed alternative policy options to the drug war. This work examines the nature of cooperation and drug policies in the twenty-first century in the Americas, highlighting the major challenges and obstacles. The argument is that one country cannot solve drug trafficking as it is a transnational problem. Therefore, the producing, consuming, and transit countries must work together and cooperate.
Since independence in 1965 Singapore has strengthened its own national identity through a conscious process of nation-building and promoting the active role of the citizen within society. Singapore is a state that has firmly rejected welfarism but whose political leaders have maintained that collective values, instead of those of autonomous individuals, are essential to its very survival. The book begins by examining basic concepts of citizenship, nationality and the state in the context of Singapore's arrival at independence. The theme of nation-building is explored and how the creation of a national identity, through building new institutions, has been a central feature of political and social life in Singapore. Of great importance has been education, and a system of multilingual education that is part of a broader government strategy of multiculturalism and multiracialism; both have served the purpose of building a new national identity. Other areas covered by the authors include family planning, housing policy, the creation of parapolitical structures and the imporatnce of shared `Asian values' amongst Singapore's citizens.
Madison uses the concept of civil society and his distinctive version of 'communicative rationality' to provide a closely-argued and robust defence of the neo-liberal political and economic tradition. Writing with considerable elegance and humour, the author draws on the hermeneutical and neo-pragmatist traditions, and on a diverse range of evidence and discussion, mainly concerning transitional economies and societies in Eastern Europe and around the world. Providing a systematic analysis of the multi-faceted notion of civil society, this book shows in detail how the three main orders of civil society - the moral-cultural, the political, and the economic - constitute 'spheres of autonomy'. At the same time, it illustrates how these different orders are closely interrelated and interact in a synergetic manner. A unique feature of this study is the way in which the author demonstrates how the logic of the various orders of civil society is, in a way appropriate to the distinct nature of each order, a logic of communicative rationality. The work concludes by arguing that the only sure way of achieving international justice is by the construction of civil society world-wide.
It is not possible to understand the nature and functioning of post-communist political parties without understanding their relationship with the state. On the one hand, few parties in the region would be able to survive and perform without state resources as they lack strong roots within the wider society. On the other hand, the relatively weak states inherited from the communist period offer parties and elites opportunities for various forms of rent-seeking within state institutions. But how can we understand the relationship between parties and the state? How do the party-state links work in practice and do they exhibit any cross-national or cross-party variation? Are there any discernible patterns of party-state linkages among the post-communist democracies? Previously published as a special issue of The Journal of Communist Studies and Transition Politics, this volume addresses these questions. The party-state linkages are analyzed alongside three analytical dimensions: state financing of parties, their legal regulation, and party patronage within the state institutions. The contributors bring together case studies of post-communist countries, as well as cross-country comparative analysis, each addressing at least one of these analytical dimensions. Besides providing a framework within which studies of party-state relationship can be undertaken, the book brings comparative evidence on the extent and the manner in which parties in the region use the state for their own purposes.
This work examines the intellectual motivations behind the concept of "legal science"-the first coherent American jurisprudential movement after Independence. Drawing mainly upon public, but also private, sources, this book considers the goals of the bar's professional leaders who were most adamant and deliberate in setting out their visions of legal science. It argues that these legal scientists viewed the realm of law as the means through which they could express their hopes and fears associated with the social and cultural promises and perils of the early republic. Law, perhaps more so than literature or even the natural sciences, provided the surest path to both national stability and international acclaim. While legal science yielded the methodological tools needed to achieve these lofty goals, its naturalistic foundations, more importantly, were at least partly responsible for the grand impulses in the first place. This book first considers the content of legal science and then explores its application by several of the most articulate legal scientists working and writing in the early republic.
The contributors to this book examine the issues of constitutional choice that face the governments and citizens of today's Europe. Divided into three sections this study addresses: questions of political legitimacy and the meaning of democratic deficit in the EU; the reality of what institutional reforms and decision making processes are possible; and the rights of citizenship and values that should be protected.
Crisis Communication, Liberal Democracy, and Ecological Sustainability provides a detailed and empirical analysis of the institutions, governing logics, risk-management practices, and crisis communication strategies involved in the 2007-2008 financial crisis, the 2010 BP oil crisis, and the 2011 Fukushima Daiichi nuclear crisis. These human-engineered crises threaten sustainability through resource depletion, environmental degradation, and the growth of geo-political conflicts. Yet, the corporations responsible have returned to profitability by externalizing risks to communities and governments. In response to this pattern of crisis management, Nadesan argues that contemporary financial and energy complexes pose significant threats to liberal democracy and ecological sustainability. This book will be of interest to scholars of communication studies, cultural studies, sociology, political science, anthropology, and economics.
This book explores the impact of cultural identity, the internal configurations of the educational field, and the struggles both inside and outside the educational systems of post-World War II Singapore and Hong Kong. By comparing the school politics of these two nations, Wong generates a theory that illuminates connections between state formation, education, and hegemony in countries with dissimilar cultural makeups.
Based on unprecedented access to the UK Parliament, this book challenges how we understand and think about accountability between government and Parliament. Drawing on three months of research in Westminster, and over forty-five interviews, this book focuses on the everyday practices of Members of Parliament and officials to reveal how parliamentarians perform their scrutiny roles. Some MPs become specialists while others act as lone wolves; some are there to try to defend their party while others want to learn about policy. Amongst these different styles, chairs of committees have to try to reconcile these interpretations and either act as committee-orientated catalysts or attempt to impose order as leadership-orientated chieftains. All of this pushes and pulls scrutiny in competing directions, and tells us that accountability depends on individual beliefs, everyday practices and the negotiation of dilemmas. In this way, MPs and officials create a drama or spectacle of accountability and use their performance on the parliamentary stage to hold government to account. Dramas at Westminster: Select committees and the quest for accountability offers the most up-to-date and detailed research on committee practices in the House of Commons, following a range of reforms since 2010. -- .
By reminding readers that early Supreme Court justices refused to reduce the Constitution to a mere legal document, Approaching the U.S. Constitution provides a definitive response to Reading Law by Antonin Scalia and Bryan Garner. Turning to the vision of Alexander Hamilton found in Federalists No. 78, Hunter argues that rather than seeing the judiciary as America's legal guardian, Hamilton looked to independent individuals of integrity on the judiciary to be the nation's collective conscience. For Hamilton, the judiciary's authority over the legislature does not derive from positive law but is extra-legal by 'design' and is purely moral. By emphasizing the legal expertise of judges alone, individuals such as Justice Scalia mistakenly demand that judges exercise no human ethical judgment whatsoever. Yet the more this happens, the more the "rule of law" is replaced by the rule of lawyers. Legal sophistry becomes the primary currency wherewith society's ethical and moral questions are resolved. Moreover, the alleged neutrality of legal analysis is deceptive with its claims of judicial modesty. It is not only undemocratic, it is dictatorial and highly elitist. Public debate over questions of fairness is replaced by an exclusive legalistic debate between lawyers over what is legal. The more Scalia and Garner realize their agenda, the more all appeals to what is moral will be effectively removed from political debate. 'Conservatives' lament the 'removing God from the classroom,' by 'liberals,' yet if the advocates of legalism get their way, God will be effectively removed from the polis altogether. The answer to preserving both separation of powers and the American commitment to unalienable human rights is to view the Supreme Court in the same way early founders such as Hamilton did and in the way President Abraham Lincoln urged. The Court's most important function in exercising the power of judicial review is to serve as the nation's conscience just as it did in Brown v. Board of Education.
Comparative Constitutional Studies takes a rich area of research and teaching and makes it attractive for the classroom setting and beyond. Every constitution has an interesting story to tell, and for this book Gunter Frankenberg has selected vibrant examples that encourage readers to practise realism, demonstrate critical spirit and examine the dark side of framers' reports and normative theories. This book deals with textbook hegemons, made in Philadelphia, Tokyo, Paris and, more importantly, with other constitutions from the global south, often classified as also-ran. Constitutions reflect conflicts and experiences, political visions and anxieties, ideals and ideologies, and Frankenberg's interdisciplinary approach serves as an excellent introduction to a new transnational conversation in comparative constitutional law. Its fresh perspective will make this book as an excellent resource for scholars and students of comparative constitutional law, political science, sociology, and anthropology.
This book describes the process of amending the federal constitution as defined in Article V by means of a convention for proposing amendments. It shows that the constitution can be amended in two ways: either by ratifying an amendment proposed by the Congress or by ratifying an amendment proposed by a convention. Article V requires the Congress to call a convention whenever the legislatures of two thirds of the states request one. The federal constitution has been amended twenty-seven times. All 27 amendments were proposed by the Congress. There has never been an Article V amendatory constitutional convention in the 230 year history of the nation. Over the years, every state in the union has asked for a convention at one time or another. Congress has never acknowledged those requests or evaluated them. The history of the 1787 constitutional convention in Philadelphia shows that the founders intended the Article V convention to be a means for the states to seek amendments which the Congress refuses to consider. The book describes the efforts of a number of citizens groups that are trying to get an Article V convention, and it describes the weaknesses and strengths of each. It comes to several conclusions: A. That the Congress will never voluntarily call a convention no matter how many petitions are received, because a convention might propose amendments which would decrease the powers or prerogatives of Congress. B. That the states have the right to call an Article V convention without the concurrence of the Congress whenever two-thirds of the states wish to participate. C. That citizens of the several states have the constitutional right to organize a convention for proposing amendments, without the call of Congress or the approval of the state legislatures. D. That no amendment proposed by a convention, of any kind, will become a part of the federal constitution unless it is ratified by three quarters of the states, as required by Article V. The book urges the convening of a constitutional convention by the voluntary action of citizens, and recommends a number of matters that should be on its agenda.
In the 1950s, public relations practitioners tried to garner respectability for their fledgling profession, and one international figure helped in that endeavor. President Dwight D. Eisenhower embraced public relations as a necessary component of American democracy, advancing the profession at a key moment in its history. But he did more than believe in public relations-he practiced it. Eisenhower changed how America campaigns by leveraging television and Madison Avenue advertising. Once in the Oval Office, he maximized the potential of a new medium as the first U.S. president to seek training for television and to broadcast news conferences on television. Additionally, Eisenhower managed the news through his press office, molding the role of the modern presidential press secretary. The first president to adopt a policy of full disclosure on health issues, Eisenhower survived (politically as well as medically) three serious illnesses while in office. The Eisenhower Administration was the most forthcoming on the president's health at the time, even though it did not always live up to its own policy. In short, Eisenhower deserves credit as this nation's most innovative public relations president, because he revolutionized America's political communication process, forever changing the president's relationship with the Fourth Estate, Madison Avenue, public relations, and ultimately, the American people.
This book explores how new governments and societies deal with a legacy of past repression, in Portugal, Spain, the countries of Central and Eastern Europe and Germany after reunification, as well as Russia, the Southern Cone of Latin America and Central America, as well as South Africa. It looks at official truth commissions, trials and amnesties and purges and unofficial social initiatives to deal with the past. The book also assesses the significance of forms of reckoning with the past for a process of democratic deepening as well as the importance of international actors in shaping policies to deal with past legacies in some of the countries examined.
Britain's main imperial possessions in Asia were granted independence in the 1940s and 1950s and needed to craft constitutions for their new states. Invariably the indigenous elites drew upon British constitutional ideas and institutions regardless of the political conditions that prevailed in their very different lands. Many Asian nations called upon the services of Englishman and Law Professor Sir Ivor Jennings to advise or assist their own constitution making. Although he was one of the twentieth century's most prominent constitutional scholars, his opinion and influence were often controversial and remain so due to his advocating British norms in Asian form. This book examines the process of constitutional formation in the era of decolonisation and state building in Asia. It sheds light upon the influence and participation of Jennings in particular and British ideas in general on democracy and institutions across the Asian continent. Critical cases studies on India, Pakistan, Sri Lanka, Malaysia and Nepal - all linked by Britain and Jennings - assess the distinctive methods and outcomes of constitution making and how British ideas fared in these major states. The book offers chapters on the Westminster model in Asia, Human Rights, Nationalism, Ethnic politics, Federalism, Foreign influence, Decolonisation, Authoritarianism, the Rule of Law, Parliamentary democracy and the power and influence of key political actors. Taking an original stance on constitution making in Asia after British rule, it also puts forward ideas of contemporary significance for Asian states and other emerging democracies engaged in constitution making, regime change and seeking to understand their colonial past. The first political, historical or constitutional analysis comparing Asia's experience with its indelible British constitutional legacy, this book is a critical resource on state building and constitution making in Asia following independence. It will appeal to students and scholars of world history, public law and politics.
In this book, Justin DePlato examines and analyzes the reasons and justifications for, as well as instances of, executive emergency power in political thought and action. The book begins by analyzing the theory of executive emergency power across a wide breadth of philosophical history, from Ancient Greek, Renaissance, through modern American political thought. This analysis indicates that in political philosophy two models exist for determining and using executive emergency power: an unfettered executive prerogative or a constitutional dictatorship. The modern American approach to executive emergency power is an unfettered executive prerogative, whereby the executive determines what emergency power is and how to use it. The book addresses the fundamental question of whether executive power in times of crisis may be unfettered and discretionary or rather does the law define and restrain executive emergency power. The author reviews and analyzes seven U.S. presidencies that handled a domestic crisis-Washington, Jefferson, Madison, Jackson, Lincoln, G. W. Bush, and Obama-to show that presidents become extraordinarily powerful during crises and act unilaterally without oversight. The use of executive emergency power undermines the normal processes of democratic republicanism and harms the rule of law. The author analyzes the U.S. Constitution, formerly classified Department of Justice Memos, primary sourced letters, signing statements, executive orders, presidential decrees, and original founding documents to comprehensively conclude that presidential prerogative determines what emergency powers are and how they are to be executed. This book challenges the claim that presidents determine their emergency power with appropriate congressional oversight or consultation. The analysis of the empirical data indicates that presidents do not consult with Congress prior to determining what their emergency powers are and how the president wants to use them. Justin DePlato joins the highly contentious debate over the use of executive power during crisis and offers a sharp argument against an ever-growing centralized and unchecked federal power. He argues that presidents are becoming increasingly reckless when determining and using power during crisis, often times acting unconstitutional.
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