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Books > Social sciences > Politics & government > Political structure & processes > Constitution, government & the state
Through the essays in this volume, we see how the failure of the state becomes a moment to ruminate on the artificiality of this most modern construct, the failure of nationalism, an opportunity to dream of alternative modes of association, and the failure of sovereignty to consider the threats and possibilities of the realm of foreignness within the nation-state as within the self. The ambition of this volume is not only to complicate standing representations of Pakistan. It is take Pakistan out of the status of exceptionalism that its multiple crises have endowed upon it. By now, many scholars have written of how exile, migrancy, refugeedom, and other modes of displacement constitute modern subjectivities. The arguments made in the book say that Pakistan is no stranger to this condition of human immigrancy and therefore, can be pressed into service in helping us to understand our present condition.
It's often said, confirmed by survey data, that the American people are losing confidence in their government. But the problem may be the reverse--the government has lost confidence in the people. Increasingly the power to make decisions in our democracy has been shifted from Congress to the court system, forcing non-elected officials to make decisions which affect the lives of Americans. In a society which is based on the democratic elections of its officials, this is clearly backwards. Quirk maintains that what he calls "The Happy Convention," an informal and unwritten rearrangement of "passing the buck" of government powers, is done to avoid blame and approval ratings becoming lower for a particular person or party. For example, The Happy Convention assigns the power to declare and make war to the President. Congress and the Court play a supporting role--Congress, when requested, gives the President a blank check to use force--the Court throws out any challenges to the legality of the war. Everyone wins if the war avoids disaster. If it turns out badly, the President is held accountable. His ratings fall, reelection is out of the question, congressmen say he lied to them; his Party is likely to lose the next election. In this way, Quirk reminds us that The Happy Convention is not what the Founders intended for us. For democracy to work properly, the American people have to know what options they have. Courts and Congress argues the case for reestablishing the balance of powers between the courts, the Congress, and the Presidency.
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 collection of documents (primarily statutes and presidential proclamations), provide an important research tool that gives a unique sense of the reconstruction process. Included are 37 acts of congress, 44 presidential proclamations, eight congressional resolutions, one inaugural speech, one military field order, one presidential order, and two war department circulars, all reproduced in their entirety and arranged chronologically.
The turbulent years of 1861-1865 were especially rough for the people of Randolph County, North Carolina. Sentiment to stay in the Union was high, and remained so throughout the war, yet hundreds of Randolph County boys marched off to fight, many never to return. 'The Randolph Hornets', Company M, 22nd Regiment North Carolina Troops, earned a reputation for their grit and determination in battle. This history of the Randolph Hornets includes articles written by Sergeant John T. Turner in 1914 recalling his experiences with the company as well as a description of the company battle flag, its capture and its return to the county. A complete roster of the company includes genealogical information and short biographies for several of the men. The final chapter covers the local reenactment group based on the company.
First published in 1965, this work studies the House of Lords and the various proposals for its reform, abolition or limitation of its powers which have been made in the light o f prevailing theories of the nature and characteristics of the English government. The work also contains a history of the theory of mixed government that arose in Tudor England and lasted until well after the Reform Act of 1832. This history both illuminates the position of the House of Lords and also provides perspective for the study of Democracy in the movement for parliamentary reform. One of the book's most original features is an extensive account of Charles I's Answer to the Nineteen Propostions, out of which came the startling new theory of the constitution, known as "mixed monarchy."
The field of knowledge for development now occupies a top position on the agenda of all Asian governments as well as large development organizations. This book reflects this mega-trend of development towards KBEs (Knowledge Based Economies). For this 2nd edition all chapters have been thoroughly edited and data, tables and graphs have been updated to reflect the latest available statistics. Trends have been re-evaluated and adjusted to reflect recent developments in the fast-moving scene of knowledge governance and knowledge management.
Federalism has experienced a remarkable renaissance in recent decades - as an alternative way to accommodate ethnic differences; as a tool to combat remote, undemocratic and ineffective central governments; and lastly, as a means to promote economic performance in the developing world through decentralisation. This book seeks to bring different aspects and perspectives of federalism studies closer together, by providing an analytical framework which transcends the sub-fields and encourages contributors to look beyond the comfort zones of their own disciplinary approaches to the topic. The authors seek to achieve this aim by structuring the contributions around four dimensions federalism studies: the development and design of federal institutions; federalism and democratic participation, representation and accountability; federalism and the accommodation of territorially-based ethnic, cultural and linguistic differences; federalism and public policy. With a strong comparative framework, New Directions in Federalism Studies will be of interest to students and scholars of Federalism, Government, Regionalism, and Multi-level Governance. It will also offer insights of relevance to Comparative Politics, Public Policy, Public Administration, Nationalism, and West European Politics.
The Bill of Rights was designed to protect the American public from encroachments of liberty by the federal government. During times of war, the president often spearheads efforts to limit rights in the name of national security. When these cases make their way through the federal courts system, it is expected that the judiciary would use rights-based language in their adjudication of cases dealing with such rights-based claims. Zones of Twilight shows that the courts actually use the separation of powers to decide these cases. In other words, the courts look to see if Congress has authorized the president to limit the liberties in question. More often than not, if Congress is on board, so are the federal courts. Although the common conception is that the courts give the president a blank check during war, it is in fact Congress that has received that blank check. Zones of Twilight looks at four reoccurring issues during times of war where the courts have had to decide cases where the executive has limited individual freedoms: military detentions, warrantless electronic surveillance, emergency economic powers, and free speech.
The Bill of Rights was designed to protect the American public from encroachments of liberty by the federal government. During times of war, the president often spearheads efforts to limit rights in the name of national security. When these cases make their way through the federal courts system, it is expected that the judiciary would use rights-based language in their adjudication of cases dealing with such rights-based claims. Zones of Twilight shows that the courts actually use the separation of powers to decide these cases. In other words, the courts look to see if Congress has authorized the president to limit the liberties in question. More often than not, if Congress is on board, so are the federal courts. Although the common conception is that the courts give the president a blank check during war, it is in fact Congress that has received that blank check. Zones of Twilight looks at four reoccurring issues during times of war where the courts have had to decide cases where the executive has limited individual freedoms: military detentions, warrantless electronic surveillance, emergency economic powers, and free speech.
This book describes, explains, and reflects upon the 1996 presidential and congressional elections, devoting equal coverage to three phases of the political process: the major party nominations, the general election, and the subsequent government organization. In doing so, this study links elections and governance.
The U.S. House of Representatives has been frozen at 435 members for almost a century, and in that time the nationa (TM)s population has grown by more than 200 percent. With the number of citizens represented by each House member now dramatically larger, is a major consequence of this historical disparity a diminished quality of representation? Brian Frederick uses empirical data to scrutinize whether representation has been undermined by keeping a ceiling on the number of seats available in the House. He examines the influence of constituency size on several metrics of representationa "including estimating the effects on electoral competition, policy responsiveness, and citizen contact with and approval of their representativesa "and argues that now is the time for the House to be increased in order to better represent a rapidly growing country.
The U.S. House of Representatives has been frozen at 435 members for almost a century, and in that time the nation 's population has grown by more than 200 percent. With the number of citizens represented by each House member now dramatically larger, is a major consequence of this historical disparity a diminished quality of representation? Brian Frederick uses empirical data to scrutinize whether representation has been undermined by keeping a ceiling on the number of seats available in the House. He examines the influence of constituency size on several metrics of representation including estimating the effects on electoral competition, policy responsiveness, and citizen contact with and approval of their representatives and argues that now is the time for the House to be increased in order to better represent a rapidly growing country.
This book makes the unconventional claim that all of the rights in the U.S. Constitution are unified since they are derived from the same sources. Using the U.S. Supreme Court's controversial decision of Kelo v. City of New London to explore one of the most important constitutional questions of our time, this book reaches across disciplines and subfields to bring forth an innovative understanding of rights. The book derives its understanding of rights from historical sources and philosophical texts which then serve as the basis for the empirically backed claim that rights in U.S. have been sacrificed for partisan gain and that the unbiased protection of rights is the only manner in which a free and equitable government and economy can be sustained. Given the theoretical and practical implications of the property rights debate, understanding it is important for everyone in the U.S. and abroad.
This book makes the unconventional claim that all of the rights in the U.S. Constitution are unified since they are derived from the same sources. Using the U.S. Supreme Court's controversial decision of Kelo v. City of New London to explore one of the most important constitutional questions of our time, this book reaches across disciplines and subfields to bring forth an innovative understanding of rights. The book derives its understanding of rights from historical sources and philosophical texts which then serve as the basis for the empirically backed claim that rights in U.S. have been sacrificed for partisan gain and that the unbiased protection of rights is the only manner in which a free and equitable government and economy can be sustained. Given the theoretical and practical implications of the property rights debate, understanding it is important for everyone in the U.S. and abroad.
After two terms as president of the Russian Federation, Vladimir Putin handed over to his hand-picked successor Dmitri Medvedev on 7 May 2008, and became prime minister. As president, Putin moved swiftly and effectively to overcome the chaotic legacy of his predecessor, post-Soviet Russia's first president Boris Yeltsin. Focusing on rebuilding the authority of the Russian state, and taking advantage of the rise in world prices of the country's main asset ? oil and natural gas ? Putin won unassailable popularity at home and caused apprehension around the world, particularly in Russia's immediate neighbourhood. His methods of rule caused anxiety among liberals and democrats inside Russia and abroad. The legacy of Putin's presidency poses challenges that demand interpretation. He has not departed from the Russian or the world political scene, and the need to understand and come to terms with Putin's Russia has not diminished. These essays by an international team of authors are based on presentations to a working conference held in Naples, Italy, in May 2008, supplemented by contributions from authors who were not present at the conference, in order to present a wider selection of views and interpretations of the Putin phenomenon. This book was published as a special issue of Communist Studies and Transition Politics.
We are at a watershed of history. The human race is now so numerous and its technological power so great that we are having an unprecedented impact on the biosphere, the entire planet. The need to control this impact is giving rise to a new kind of politics - the politics of the planet. The most urgent problem we face is that of climate change. This book gives a vigorous and candid account of how governments tentatively felt their way to the first international agreements on climate change and the ozone layer, how these work, and the long-term implications for global governance. It points to the roles that businesses and ordinary citizens can play, and the changes we can expect in our daily lives. This is an area in which politics, technology and economics meet. In this sweeping and energetic book, the author goes on to look at the major planetary issues that confront us now or that are close over the horizon, and the ethical issues of our relationship to our environment that they raise. Amid the dangers, he finds ground for hope. Anyone with an interest in the human condition as we spin further into the new century will find this an enlightening and rewarding book. Originally published in 2000
The clashes between William McKinley and William Jennings Bryan during the 1896 and 1900 presidential elections changed the course of American politics. Prior to Bryan's candidacy, the Democratic Party was slightly more conservative than the Republican Party. At the 1896 Democratic National Convention, Bryan's dramatic "Cross of Gold" speech stampeded the delegates left-of-center--a position the party has traditionally held since. Most Americans, though, rejected this new wave, remained conservative and twice elected McKinley. These were dramatic years for the country as it continued its rise to become a major world economic and military. Significantly, freedom increased for those now within the American orbit.
The Trump presidency alone is a topic of considerable public discussion and debate. Yet, Donald Trump signals much more than the behavior of a single person. He is a symptom and not the sole cause a greater malaise gripping the republic. Albert P. Melone argues that the Trump phenomenon is an instance of the rise of mass society and the decline of pluralist democracy. He points out that yesteryear's Madisonian pluralist paradigm of democracy no longer aptly describes and explains the American political world as it now exists. By substituting the conceptual framework of mass society for the pluralism model, the author points the way to a more powerful and convincing explanation of the Trump phenomenon.
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.
Arguments over constitutional interpretation increasingly highlight the full range of political, moral, and cultural fault lines in American society. Yet all the contending parties claim fealty to the Constitution. This volume brings together some of America's leading scholars of constitutional originalism to reflect on the nature and significance of various approaches to constitutional interpretation and controversies. Throughout the book, the contributors highlight the moral and political dimensions of constitutional interpretation. In doing so, they bring constitutional interpretation and its attendant disputes down from the clouds, showing their relationship to the concerns of the citizen. In addition to matters of interpretation, the book deals with the proper role of the judiciary in a free society, the relationship of law to politics, and the relationship of constitutional originalism to the deepest concerns of political thought and philosophy.
This book examines the history of the Fourth Amendment, which prohibits unreasonable search and seizure, and its interpretation by the Supreme Court. It concentrates on the changes in interpretation that have taken place after the Supreme Court, led by Chief Justice Earl Warren in 1961, decided in Mapp v. Ohio to apply the exclusionary rule, which makes illegally seized evidence inadmissible in court, to the actions of state governments. In The Evolution of the Fourth Amendment, Thomas N. McInnis demonstrates that prior to Mapp the Court relied on the warrant rule, which with limited exceptions emphasized the need to have a search warrant prior to a search or seizure. Due to the unhappiness that post-Warren Courts had with the application of the exclusionary rule, they reinterpreted the Fourth Amendment using the expansive language that the Warren Court had used in Fourth Amendment cases. In doing so, they broadened the government's powers to search and seize under the Fourth Amendment by developing new exceptions to the warrant rule, developing both the reasonableness approach and special needs test to the Fourth Amendment, limiting the expectations of privacy that citizens have, and narrowing those areas actually protected by the amendment. McInnis also examines how the Court has limited the effect of the exclusionary rule by reinterpreting when it needs to be applied and by creating new exceptions. The book ends by examining the emerging Fourth Amendment jurisprudence of the Roberts Court and assessing the future of the Fourth Amendment in a post-9/11 world.
In America's Constitution, one of this era's most accomplished
constitutional law scholars, Akhil Reed Amar, gives the first
comprehensive account of one of the world's great political texts.
Incisive, entertaining, and occasionally controversial, this
"biography" of America's framing document explains not only what
the Constitution says but also why the Constitution says it. "From the Hardcover edition." |
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