In Managing Crisis: Presidential Disability and the Twenty-Fifth Amendment, the contributors explore not only the historical beginnings and the subsequent development of the Twentty-Fifth Amendment, but also its contributions to the health of the nation. The Watergate scandal of 1973-1974 solidified the Amendment's strength when it was invoked after the resignation of Vice President Spiro Agnew, and again after Richard Nixon's resignation. President Reagan's failure to use the Amendment in 1981 after being shot and seriously wounded disappointed those who championed its provisiouns but the strong backlash he received actually strengthened the Amendment and convinced subsequent Administrations to develop plans for its use. The President who takes office in 2001 is likely to devise similar plans. The Amendment is positioned to be a crucial tool if, as seems inevitable, the country again confronts a case of presidential inability, whether the inability entails illness or even kidnapping. It respects the presidency by making it difficult to oust a Chief Executive from exercising his powers and duties, giving a decisive role to those likely to protect the president and embodying checks and balances at every point in the processs.It avoids a definition of the term "inability" so as to provide decision-makers with flexibility and escapes the legalisms that such a definition could cause in a time of political turmoil. Both a legal and a political document, the Amendment deals with its subjects practically and in a manner consistent with the principle of separation of powers. It is likely to ensure stability and continuity in the event of a national crisis. The contributors to this essentialvolume are: Birch Bayh, three-term United States Senator from Indiana, who authored and sponsored both the Twenty-Fifth and Twenty-Sixth Amendments; John D. Feerick, Dean of the Fordham University School of Law and author of The Twenty-Fifth Amendment; Robert E. Gilbert, Professor of Political Science at Northeastern University, and author of The Mortal Presidency, which was designated a 1998 outstanding book by Choice; Jeol K. Goldstein, Professor of Law at St. Louis University School of Law and author of The Modern Vice-Presidency and Understanding Constitutional Law; Robert J. Joynt, Distinguished University Professor of Neurology, Neurobiology, and Anatomy at the University of Rochester; E. Connie Mariano; M.D., Personal Physician to President Clinton and Director of the White House Medical Unit; Lawrence C. Mhr, M.D., White House physician from 1987 to 1993, serving Presidents Reagan, Bush, and Clinton, and currently professor of Medicine and Director of the Environmental Biosciences Program at the Medical University of South Carolina; Jerrold M. Post, M.D., Professor of Psychiatry and Director of the Political Psychology Program at the George Washington University; Robert S. Robbins, Professor of Political Science at Tulane University and co-author of When Illness Strikes the Leader; Kenneth W. Thompson, Director of the Miller Center at the University of Virginia frm 1978 to 1998; James F. Toole, M.D., Teagle Professor of Neurology and Professor of Public Health Sciences at the Bowman Gray School of Medicine at Wake Forest University; Tom Wicker, former Washington Bureau Chief for the New York Times, and James M. Young M.D., White House Physician serving Presidents Kennedy andJohnson, from 1963 to 1966.

The Constitution allows the president to "fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session." In Justice Takes a Recess, Scott E. Graves and Robert M. Howard address how presidents have used recess appointments over time and whether the independence of judicial recess appointees is compromised. They argue that these appointments can upset the separation of powers envisioned by the Framers, shifting power away from one branch of government and toward another. Examining every judicial recess appointment from 1789 to 2005, the authors discover that presidents are conditionally strategic when they unilaterally appoint federal judges during Senate recesses. Such appointments were made cautiously for most of the twentieth century, leading to a virtual moratorium for several decades, until three recent recess appointments to the courts in the face of Senate obstruction revived the controversy. These appointments suggest the beginning of a more assertive use of recess appointments in the increasingly politicized activity of staffing the federal courts. The authors argue that the recess appointment clause, as it pertains to the judiciary, is no longer necessary or desirable. The strategic use of such appointments by strong presidents to shift judicial ideology, combined with the lack of independence exhibited by judicial recess appointments, results in recess power that threatens constitutional features of the judicial branch.

This book is about reactions to interpersonal conflict such as avoiding, negotiating, and fighting. It breaks away from the prevailing assumption that conflict behaviours are mutually isolated reactions having mutually isolated effects. Instead, reactions are viewed as components of complex conflict behaviour that influence each other's impact on the substantive and relational outcomes. The simultaneous and sequential occurrence of, for example, problem solving and fighting should therefore be studied together and not separately. The author presents a ladder of stepwise increases in theoretical quality, and designs the sequence of chapters in such a way that the theoretical value increases step by step. The lower steps lead to the description of behavioural components and to a model of integrative and distributive dimensions. The upper steps lead to the dimensions of dual concern for one's own and the other's goals and to complexity explanations in terms of the novel paradigm of conglomerated conflict behaviour. The chapters are summarised into thirty-four interrelated propositions. Six empirical studies demonstrate the validity of crucial propositions at each level of the theoretical framework. This monograph primarily reaches out to an academic readership. However, due to its clear structure, its comprehensive propositions, its frequent use of figures, and its glossary, the book will also provide an invaluable resource for any student and practitioner interested in conflict management and negotiation.

Although Indonesia is generally considered to be a Muslim state, and is indeed the world's most populous Muslim-majority nation, it has a sizeable Christian minority as a legacy of Dutch colonialism, with Christians often occupying relatively high social positions. This book examines the management of religion in Indonesia. It discusses how Christianity has developed in Indonesia, how the state, though Muslim in outlook and culture, is nevertheless formally secular, and how the principal Christian church, the Java Christian Church, has adapted its practices to fit local circumstances. It examines religious violence and charts the evolution of the state's religious policies, analysing in particular the impact of the 1974 Marriage Law showing how it enabled extensive state regulation, but how in practice, rather than reinforcing religious divisions, inter-religious marriage, involving the conversion of one party, is widespread. Overall, the book shows how Indonesia is developing its own brand of secularism, neither a full-blooded Islamic state like Saudi Arabia, nor an outright secular state like Turkey.

The years 1990-93 were a critical moment in Russia's political development. This book provides a systematic explanation of outcomes of constitutional bargaining processes in Russia, which radically reshaped the institutions of the Russian state: removing Russia from constitutional subordination to the Soviet Union in 1990; creating a presidency and a constitutional court in 1991; and restructuring the relationship between the central state and its component federal units with the passage of three Federal Treaties in 1992. The book explores the reasons for these outcomes and identifies why there were consistent delays to the passage of a new Russian constitution as well as why negotiations eventually broke down. The book assesses the plausibility of different theoretical approaches to constitutional choice and argues that the role of uncertainty (and politician's strategic responses to uncertainty) in shaping constitutional outcomes has been under-explored by rational choices approaches to constitutional bargaining. Using a rich set of source materials - including roll call votes, parliamentary records, unpublished parliamentary and constitution commission documents, Russian newspapers - the book provides a detailed study of Russian politician's decision making about constitutional choices. It is a valuable resource to those interested in Russia and post-communist politics, the origins of political institutions, comparative government, democratisation and development studies.

This book provides a novel analysis of the evolution of the states system of Europe since the mid-seventeenth century. Andreas Osiander looks at the four major European peace congresses: Munster and Osnabruck (1644-8), Utrecht (1712-15), Vienna (1814-15), and Paris (1919-20) and shows how a prevailing consensus on certain structural concepts - such as the balance of power or national self-determination - has influenced the evolution of the system and determined its stability or lack of stability. He argues that the structure of the international system is neither a given quantity nor determined primarily by conflict between international actors, but essentially the result of a general agreement expressed in consensus principles'; these influence the identity of the international actors, their relative status, and the distribution of populations and territories between them. His approach provides a more plausible analysis of international relations and the causes of conflict than traditional theories, and he concludes his study with a review of the period since 1920 in the light of his findings.

The attempt by Stanislaw August Poniatowski (1764-95) `to create anew the Polish world' was one of the most audacious enterprises of reform undertaken by any enlightened monarch in the eighteenth century. Inspired by his love of England, the king's efforts helped bring about a flourishing of Polish culture and a constitution admired across Europe. They also provoked the revenge of Russia and the partitioning of the state. With new perspectives on the successes and limitations of the Polish Enlightenment, this book presents a dynamic interpretation of European culture in the eighteenth century.

The Iranian Constitutional Revolution was the twentieth century's first such political movement in the Middle East. It represented a landmark in Iranian history because of the unlikely support it received from Shi'ite clerics who historically viewed Western concepts with suspicion, some claiming constitutionalism to be anti-Islamic. Leading the support was Muhammad Kazim Khurasani, the renowned Shi'ite jurist who conceived of a supporting role for the clergy in a modern Iranian political system. Drawing on extensive analysis of religious texts, fatwas, and articles written by Khurasani an other pro- and anti-constitutionalists, Farzaneh provides a comprehensive and illuminating interpretation of Khurasani's religious pragmatism. Despite some opposition from his peers, Khurasani used a form of jurisprudential reasoning when creating shari'a that was based on human intellect to justify his support of not only the Iranian parliament but also the political powers of clerics. He had a reputation across the Shi'ite community as a masterful religious scholar, a skillful teacher, and a committed humanitarian who heeded the people's socioeconomic and political grievances and took action to address them. Khurasani's push for progressive reforms helped to inaugurate a new era of clerical involvement in constitutionalism in the Middle East.

Written in response to violent conflict in many of the former socialist countries and unease about European integration in the West, this informative and contemporary book presents a multi-sectoral assessment of the future of the nation state in Europe.The 13 articles included in The Future of the Nation State in Europe offer a wide-ranging, insightful analysis by an international group of distinguished scholars who argue that the question of the nation state in Europe will remain one of the foremost issues confronting social scientists. Contributions by Paavo Vayrynen, Ernst Gellner, Aira Kemilainen and Jyrki Iivonen on the concept of 'nation state' and its definition, are followed by two historical articles by Giovanni Arrighi and Erik Allardt, the former discussing the development of historical capitalism while the later connects the question of the nation state to different forms of technology. Later essays deal with various contexts of the nation state, including articles by Jaan Kaplinski on the future of national cultures in Europe, by Ali Kazancigil on the effects of unification on the national state, by Allan Rosas on the decline of sovereignty in international law and by Raimo Vayrynen on the relationship between territory and nation state. The volume concludes by examining the effects of regional changes on ethnic developments in Europe with articles by Thomas Henschel on German unification, Risto Alapuro on Russian civil society and Mate Szabo on East European Political development. Offering perspectives drawn from history, sociology, anthropology, law and political science, this major volume will be welcomed by political scientists, commentators and all those concerned with questions of European statehood.

Although there is no doubt that the constitution has been significantly reformed since the election of New Labour in 1997 the degree to which these reforms have altered the nature of democracy in the United Kingdom remains highly contested. A major problem within this debate is that it has become polarized around a binary distinction between power-sharing and power-hoarding models of democracy when the contemporary situation is actually far more complex. This book draws upon theories and methods from comparative political analysis in order to argue and then demonstrate three central and inter-related arguments.
Firstly, that the distinctive element of New Labour's approach to constitutional engineering is not that it has shifted the nature of democracy in the United Kingdom from one model to another but has instead sought to apply different models at the periphery and core: bi-constitutionality.
Secondly, that contemporary evidence of both increasing levels of public disengagement from conventional politics and falling levels of public trust in politicians, political institutions and political processes originate from the 'expectations gap'. This 'gap' is created by the process of political competition artificially increases public expectations; only for these expectations to be dashed as the elected party either seeks to renege upon certain pre-election commitments or fails to achieve them.
Finally, democracy in the United Kingdom is currently drifting. The old rules do not appear to suit the new game, and yet the government continues to insist that the old rules still apply. The critical challenge for any future government, of any political complexion, will be to articulate a new form of constitutional morality with the capacity to clarify exactly what its reforms in the sphere of constitutional reform and democratic renewal are seeking to achieve.
The analysis offered in this book focuses on the evolution of democracy in the United Kingdom since the election of New Labour in 1997. However in order to achieve both depth and breadth this analysis is then located within the contours of much broader longitudinal and comparative analyses. This involves examining the trajectory of democracy in the United Kingdom from 1945 onwards, and then comparing this long-term view within a much broader comparative perspective to examine the degree to which recent developments in the United Kingdom fit within global democratic trends.

This book traces the rise of the modern state--a mode of organizing political power within a closed territory--in post-Enlightenment Europe and its spread to the remainder of the world, especially colonial and postcolonial societies. The result of a long process of evolution dating back to the Roman Empire, this new form of state was characterized by the coincidence of public power and public space and the legalization of political and social relations. Intimately linked to the transformation of Western European cultures at a time when their economic might allowed them to conquer many regions of the world, the modern state provided a model that was adopted in most countries.
The book analyzes the different conditions in which the modern state was grafted onto different cultural realities: a metropolitan model adopted by settlers or imposed as an instrument of colonial domination, or a representation of modernity selected by non-Western leaders out of fascination for its alleged efficiency and rationality. The author shows that, from the beginning, various logics of importation led non-Western cultures to invent their own practices of the state, thereby transforming the original model. In many countries, notably in postcolonial societies, discrepancies appeared between political actions and political representations and principles on which the state was supposed to rest. This has often led to political crises and breakdowns of legality and legitimacy, and to the formation of new types of social relations in spaces the state cannot control. At the international level, a similar phenomenon can be seen: international networks, based on trade links, religion, and culture, are now able to bypass official interstate relations.

The international economic crisis has hit Europe, especially its 'periphery', remarkably hard, and has had deep consequences at the economic and political levels. Since its onset, parties in parliament (especially those in opposition) have found themselves faced with a dilemma: choosing between the need to cooperate with the government in order to overcome the crisis and the opportunity provided by a weakened government to stress their adversarial position, so as to be more easily re-elected and possibly get into power. What have they decided to do? This is a crucial question, for which there is no easy or intuitive answer. The present volume introduces a collection of works exploring this dilemma in southern European countries, by examining the opposition behaviour in Greece, Italy, Portugal and Spain; and in the European Parliament. In so doing, we shall try to understand not only what kind of impact the crisis has had on the level of consensus in parliament in the four countries mentioned, but also whether differences are observable across cases. This book was originally published as a special issue of the Journal of Legislative Studies.

American government evolved over the generations since the mid-nineteenth century. The changing character of these institutions is a critical part of the history of the United States. This engaging survey focuses on the evolution of public policy and its relationship to the constitutional and political structure of government at the federal, state, and local levels. A new chapter in this revised and updated edition examines the debate about "big government" over the last 20 years.

This book sheds light on the changing nature of contemporary Japan by decoding a range of political, economic and social boundaries. With a focus on the period following the inauguration of Prime Minister Koizumi Junichiro, the book grows out of a recognition that, with the Koizumi administration playing a more proactive role internationally and moving ahead with deregulation and the 'structural reform' of the economy domestically, a range of boundaries have been challenged and reinscribed. Here 'boundaries' refers to the ways in which contemporary Japan is shaped as a separate entity by the inscription and reinscription of political, economic and social space creating insiders and outsiders, both internationally and domestically. The central argument of the book is that, in order to achieve the twin goals of greater international proactivity and domestic reform, the government and other actors supporting Koizumi's new direction for Japan needed to take action in order to destabilize and reformulate a range of extant boundaries. While boundaries often remain invisible, the aim of this book is to promote an understanding of their significance by uncovering their pivotal role. Decoding Boundaries in Contemporary Japan brings together contributions from leading and emerging scholars from the UK, Japan and the United States. It will appeal to scholars and students of Japan as well as social scientists with an interest in borders and boundaries, political scientists interested in Asia.

It is commonplace that political power is becoming more centralized and remote: faceless people, sometimes in unknown places, determine our circumstances and our opportunities. This ground breaking book argues that this happened through a slow development which began before globalization. Power in Business and the State queries our freedom to make our own history. Current circumstances may be so far from our own choosing that our history is now being made for us, rather than something we control ourselves. Political power is so centralized, and economic power so concentrated, that popular control of democratic government has become increasingly difficult. The sheer magnitude of the author's research underpinning this book, and the uncluttered methodological framework in which it is presented, provides a highly readable text.

Can independent nations unify politically? Amitai Etzioni raised this searching question in his seminal 1965 book, Political Unification: A Comparative Study of Leaders and Forces. In this revised edition--now with an extensive new introduction--Etzioni convincingly argues that the experiment of collective self-determination is the only viable replacement for a perilously overloaded international system. This fascinating work debates the limitations of informal networks of governance, transnational agencies and cross-nation bonding--including the grand experiment of the European Union--to argue that only a truly transcendent supranational community can effectively succeed the nation-state. He doubts whether the traditional system of international relations can withstand the threat of transnational forces. Old-fashioned diplomacy can neither prevent weapons of mass destruction and hate material moving easily across national borders, nor deal with mass cross-border immigration in the wake of civil war and the rise of political and ethnic separatism. Political Unification Revisited is essential reading for political scientists and scholars of international law and international relations seeking to navigate the path from national sovereignty to world government in the 21st century..

For the last two centuries, the nation state has posed a formidable challenge to multinational empires. It has served as a base for modernisation, secularisation and democratisation -- and also for the formation of totalitarian regimes. Today, the nation state faces challenges from multiple directions. National minorities demand self-determination while religious forces challenge secular governments, and global migration movements undermine the cultural uniformity once considered essential for the formation and preservation of nation states. This is the third of a three-volume set (detailed below) which addresses key challenges facing the contemporary nation state from a global perspective but with special emphasis on the Middle East and Israel. Publication reflects research conducted under the auspices of The Israel Democracy Institute's "Nation State Project", which analyses Israel's complex reality in which a Jewish majority contends with an Arab minority, ultra-Orthodox religious forces reject the authority of the nation state, and an immigrant society exhibits substantial cultural and ethnic variance. Volume III explores the cultural, social and political effects of immigration on the contemporary nation state -- its character, cohesion, and possible future, as well as on contemporary liberal democracy. Contributions deal with such issues as different liberal approaches to the issue of immigration and immigrant integration, nation-building narratives and their implications for immigrants and minorities, citizenship tests and integration policy in the United States and in Europe, as well as Israel's Law of Return and the debate about it and other aspects of immigration policy.

Many theoretical explanations had been offered for the rise of the European Community, but none had used historical analysis to draw out the deeper significance of the events that surrounded Maastricht. However, in this book, first published in 1993, the authors explored the process of European integration, and its future, drawing on extensive empirical research into the national archives of the member states. The authors brought their findings together in this consistently argued book to provide a new and coherent theory of European integration, which threw a fresh light on unexplored aspects of EC policy. The debate over the Treaty of Maastricht shows how ill-understood are the issues involved, and this book is intended to improve that understanding. It is essential reading to students of history, international relations and political science.

This is a quantitative reexamination of the behavior of the Founding Fathers during the creation of the United States' Constitution. It employs cliometric analysis, formal economic analysis, and modern statistical techniques, to explain the choices the founders made during the drafting and ratification of the Constitution.

Listing every right that a constitution should protect is hard. American constitution drafters often list a few famous rights such as freedom of speech, protection against unreasonable searches and seizures, and free exercise of religion, plus a handful of others. However, we do not need to enumerate every liberty because there is another way to protect them: an "etcetera clause." It states that there are other rights beyond those specifically listed: "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." Yet scholars are divided on whether the Ninth Amendment itself actually does protect unenumerated rights, and the Supreme Court has almost entirely ignored it. Regardless of what the Ninth Amendment means, two-thirds of state constitutions have equivalent provisions, or "Baby Ninth Amendments," worded similarly to the Ninth Amendment.This book is the story of how the "Baby Ninths" came to be and what they mean. Unlike the controversy surrounding the Ninth Amendment, the meaning of the Baby Ninths is straightforward: they protect individual rights that are not otherwise enumerated. They are an "etcetera, etcetera" at the end of a bill of rights. This book argues that state judges should do their duty and live up to their own constitutions to protect the rights "retained by the people" that these "etcetera clauses" are designed to guarantee. The fact that Americans have adopted these provisions so many times in so many states demonstrates that unenumerated rights are not only protected by state constitutions, but that they are popular. Unenumerated rights are not a weird exception to American constitutional law. They are at the center of it. We should start treating constitutions accordingly.

The Supreme Court is one of the most traditional institutions in America that has been an exclusively male domain for almost two hundred years. From 1981 to 2010, four women were appointed to the Supreme Court for the first time in U.S. history. The Rhetoric of Supreme Court Women: From Obstacles to Options, by Nichola D. Gutgold, analyzes the rhetoric of the first four women elected to the Supreme Court: Sandra Day O'Connor, Ruth Bader Ginsburg, Sonia Sotomayor, and Elena Kagan. Gutgold's thorough exploration of these pioneering women's rhetorical strategies includes confirmation hearings, primary scripts of their written opinions, invited public lectures, speeches, and personal interviews with Justices O'Connor, Ginsburg, and Sotomayor. These illuminating documents and interviews form rhetorical biographies of the first four women of the Supreme Court, shedding new light on the rise of political women in the American judiciary and the efficacy of their rhetoric in a historically male-dominated political system. Gutgold's The Rhetoric of Supreme Court Women provides valuable insight into political communication and the changing gender zeitgeist in American politics.

The modern Chinese state has traditionally affected every major aspect of domestic society. With the growing liberalization of the economy, coupled with increasingly complex social issues, there is a belief that the state is retreating from an array of social problems from health to the environment. Yet, a survey of China's contemporary political landscape today reveals not only a central state which plays an active role in managing social problems, but also new state actors at the local level which are increasingly seeking to partner with various non-governmental organizations or social associations. This book looks at how NGOs, social organizations, business associations, trade unions, and religious associations interact with the state, and explores how social actors have negotiated the influence of the state at both national and local levels. It further examines how a corporatist understanding of state-society relations can be reformulated, as old and new social stakeholders play a greater role in managing contemporary social issues. The book goes on to chart the differences in how the state behaves locally and centrally, and finally discusses the future direction of the corporatist state. Drawing on a range of sources from recent fieldwork and the latest data, this timely collection will appeal to students and scholars working in the fields of Chinese politics, Chinese economics and Chinese society.

Now updated to include the 2014 midterms and preview the coming 2016 election cycle, After Hope and Change provides the most comprehensive and authoritative account of the national election, including the presidential nomination process and election and congressional elections. As they have for every national election since 1992, James W. Ceaser and Andrew E. Busch, now joined by John J. Pitney, Jr., combine a concise account of the elections as well as the broader context for American politics and institutions. Previous books in the series After Hope and Change: The 2012 Elections and American Politics Epic Journey: The 2008 Elections and American Politics Red Over Blue: The 2004 Elections and American Politics The Perfect Tie: The True Story of the 2000 Presidential Election Losing to Win: The 1996 Elections and American Politics Upside Down and Inside Out: The 1992 Elections and American Politics

This major work is the most radical reinterpretation of the subject for fifty years. Hicks argues that Bastard Feudalism was far more complex - and positive in its effects - than previous accounts have suggested. A major contribution to historical debate which revolutionises our view of late medieval society.