This book contributes to the increasing interest in John Adams and his political and legal thought by examining his work on the medieval British Empire. For Adams, the conflict with England was constitutional because there was no British Empire, only numerous territories including the American colonies not consolidated into a constitutional structure. Each had a unique relationship to the English. In two series of essays he rejected the Parliament's claim to legislate for the internal governance of the American colonies. His Dissertation on the Canon and Feudal Law (1765) identified these claims with the Yoke, Norman tyranny over the defeated Saxons after 1066. Parliament was seeking to treat the colonists in similar fashion. The Novanglus essays (1774-75), traced the origin of the colonies, demonstrating that Parliament played no role in their establishment and so had no role in their internal governance without the colonists' subsequent consent.

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.

This book describes why the politically democratic state is a mythical and illegitimate concept that does not and cannot work and why, without the corrective market feedback of profits and losses, this unstable, unmanageable, inefficient and authoritative social organization will cause its own demise. The Road to Freedom and the Demise of Nation States maps out an alternative path leading to a new contractual social organization based upon individual sovereignty and freedom. Under this natural government of decentralized economic democracy, individuals vote with their money ballot for the products and services they want, including protection and jurisprudence. The Road to Freedom constitutes an evolutionary continuation of the principles of individual sovereignty and freedom underlying the American Revolution, as expressed in the Declaration of Independence, leading to worldwide peace and prosperity.

In Marbury v. Madison Chief Justice John Marshall defined the Constitution as "a superior, paramount law," one that superseded the laws passed by Congress and state legislatures. What makes it paramount? This book sets out to recover the enduring principles, purposes, and meanings that inform the founders' charter and continue to offer us political guidance more than 200 years later. In so doing it steers a middle course between "originalists" who constrict interpretation to constitutional specifics and "relativists" who adapt the Constitution to the moment by ignoring original meaning. "Original intent," Ralph Ketcham argues, is best discerned by a study of the political climate that nourished the Constitution and the Bill of Rights and, more particularly, by understanding the broader meanings, intentions, and purposes of the framers.

To recover this full context of political thinking, Ketcham delves not only into the meaning of the documents but also into the connotations of the framers' vocabulary, the reasoning behind both accepted and rejected propositions, arguments for and against, and unstated assumptions. In his analysis the fundamental or enduring principles are republicanism, liberty, public good, and federalism (as part of the broader doctrine of balance of powers).

Ketcham answers convincingly those who question the relevance to modern constitutional interpretation of the finding that the founders were both republican and liberal. He asserts that the rights-protecting character of the Constitution and the Bill of Rights derived from the founders' belief that private rights depended upon active government and public virtue. In other words, private liberties rested on the citizenry's right to self-governance.

James Madison sought to ensure a system of government that would serve as guardian "both of public Good and of private rights." In providing an interpretation of the Constitution and the Bill of Rights that incorporates both republican and liberal perspectives, Ketcham should find a wide readership among politically active citizens, lawyers, judges, and those who teach and study constitutional law and political theory.

From colonial times to the information age, an exhaustive survey of one of America's most contentious constitutional rights. Freedom of Association: Rights and Liberties under the Law chronicles the evolution of a right derived from but not granted in the First Amendment-freedom of association. An opening analysis of the Supreme Court's ruling against a gay adult member of the Boy Scouts of America illustrates the range and complexity of this issue. Historical discussions of colonial America, including the British Parliament's efforts to suppress political associations, set the stage for a careful scrutiny of the political and legislative activities of the 1950s and 1960s when the Supreme Court established freedom of association as a constitutionally protected right. A concluding chapter delves into the contemporary issues of antidiscriminatory and campaign finance laws and explores the ever-present tension between liberty-freedom from the state-and equality-protection by the state. Extensive A-Z entries on individuals like Alexis de Tocqueville and Robert Putnam, organizations such as the NAACP, and concepts, terms, and events Chronology of key developments in the history of freedom of association, including Boy Scouts of America v. Dale and the Communist Control Act of 1954

In The American Ali Baba, the author draws an amazing parallel between an ancient Arabic folktale and the tragedy of the current American Presidency. Full of intrigue and drama, both plots revolve around thievery, lies, deception, trickery and murder, all veiled in intense secrecy. Both stories portray central characters on greedy missions to amass a fortune, at the expense of others. The book presents an abbreviated version of the ancient tale and an overview of the American forefathers' intent and Bill of Rights. Finally, the modern tragedy unfolds through a clear, concise examination of the shadowy shenanigans of the American Ali Baba and his 40 conniving neocon thieves.

The book will follow the general outline of the Reader's Guides series. It will begin by setting the work in context, giving a brief biography of Plato, examining his relationship with Socrates, discussing the relationship between the Republic and Plato's other works and introducing the Athenian institutions examined in the Republic. The major themes discussed in the Republic are introduced and discussed in brief, before embarking on a more detailed discussion of the key sections and passages in the Reading the Text section. Here, the author will outline and comment on the claims made in the key passages, suggesting criticism where appropriate and providing questions for further thought. (See Full Contents for further details) A section on Reception and Influence will discuss some of the numerous areas of subsequent thought the Republic has impacted upon, including Aristotle, Plato's influence on Kant's ehtics and Popper's virulent criticism of Plato as an 'enemy of the open society'. A section on Further Reading will contain advice on various translations of the Republic, a guide to some other useful commentaries on the text and information on books and articles about specific topics.

These are the proceedings of the 2nd Krefeld Historical Symposium of 1987 - a meeting of 34 distinguished historians to compare the constitutional history of Germany and the USA. Interdisciplinary in approach - an encounter between legal historians and those specializing in political and social history - the emphasis is on concrete historical realities of constitutional thought in both countries. Dissimilarities between the countries are highlighted in addition to ascertaining factors common to both, to explain why their respective developments diverged. There are 12 papers included, two from each of the six sessions.

This book assesses the extent to which an emphasis on national security and prioritization of state interests has dominated governance policy-making in Northeast and Southeast Asia, at the expense of human security, human development, and human rights. The findings are that in many cases, there are embedded structural obstacles to achieving human-centered governance objectives in the region. These relate to the role of the military, historical authoritarian legacies, and new authoritarian trends. Contributors examine not only the most obvious instances of military domination of governance in the region (North Korea with its "Military First" philosophy, Thailand since the 2014 coup, and Myanmar with its long history of military rule), but also less well known examples of the influence of conflict legacies upon governance in Cambodia, Timor-Leste, and Laos, as well as the emergence of new reservoirs of power and resources for the forces of authoritarianism.

Sovereignty is undoubtedly one of the most disputed and controversial concepts in politics today. What does it mean to say that a state, a people or an individual is sovereign? In this book, twelve contributors, all specialists in their own area, tackle these questions in different ways. Underlying the range and diversity of their responses is a common problem: how does sovereignty relate to society and the state? The first part focuses upon developments in British politics, the European Union, Northern Ireland and South Africa in the late 20th century. The second part explores state sovereignty from an international perspective, while the third looks towards detaching sovereignty from the state. Feminist arguments about the self and the exploitation of prostituted women are interrogated along with a democratic analysis of popular organizations and a novel assessment of the question of sovereignty and animal rights.

The U.S. government is an ever-more-complex system that few American citizens comprehend in any detail. Even some of its most basic operations, seemingly clear in concept, are in reality intricate and obscure. Although textbooks explain how the government is supposed to work in theory, they don't reveal how it actually works in practice. This book offers a concise and objective explanation of government operations, mapping the federal government's branches, departments, agencies, corporations, and quasi-official bodies--and the bureaucracies that support them. The authors effectively bridge the gap between the government's ideal, balanced structure, laid out in the Constitution, and its actual institutionalized form today, making this a superb resource for students and citizens at large. Coverage of the government's inner workings includes such subjects as executive-branch appointments, domestic and foreign policy development and execution, the federal budget, the legislative process, the Congressional committee system, the drawing of Congressional districts, the levels of the federal judiciary, aides in all three branches, and the various government offices and oversight agencies. BL25 black-and-white photographs BLFigures and charts capturing the structure of the federal government and many aspects of its functioning, such as the federal budgeting process, the apportionment of electoral votes, and U.S. government receipts and outlays BLTimelines BLQuick-reference chart listing past presidents, their years in office, and their party affiliation

The Watergate crisis marked the beginning of the age of cynicism in America. This readable and insightful account examines what happened in Watergate, who was involved, what it meant then, and what it means now. By analyzing the overall impact of Watergate on events that followed, this work will help students and other interested readers to better understand today's politics. In addition to a narrative overview and a series of topical essays about Watergate, this guide provides a timeline of events, biographical sketches of the key players, the text of important primary documents, a glossary of terms, and an annotated bibliography.

Watergate refers to a series of crimes and abuses of power including obstruction of justice, conspiracy, criminal coverup, perjury, and destruction of evidence. As a result of the Watergate crisis, the press became more intrusive and personal, the public became more cynical and apathetic toward government, executive-congressional relations became soured and divisive, and partisan clashes became more bitter. Genovese, a noted presidential scholar, discusses Nixon's political personality, addresses the question of whether any president is above the law, and offers a contemporary view of presidential corruption in historical perspective, which is valuable in light of the Clinton impeachment hearings. This readable analysis and ready-reference guide provides valuable resources for students.

From Pulitzer Prize–winning author and esteemed presidential historian Doris Kearns Goodwin, an invaluable guide to the development and exercise of leadership from Abraham Lincoln, Theodore Roosevelt, Lyndon B. Johnson, and Franklin D. Roosevelt.

The inspiration for the multipart HISTORY Channel series Abraham Lincoln and Theodore Roosevelt.

“After five decades of magisterial output, Doris Kearns Goodwin leads the league of presidential historians” (USA TODAY). In her “inspiring” (The Christian Science Monitor) Leadership, Doris Kearns Goodwin draws upon the four presidents she has studied most closely—Abraham Lincoln, Theodore Roosevelt, Franklin D. Roosevelt, and Lyndon B. Johnson (in civil rights)—to show how they recognized leadership qualities within themselves and were recognized as leaders by others. By looking back to their first entries into public life, we encounter them at a time when their paths were filled with confusion, fear, and hope.

Leadership tells the story of how they all collided with dramatic reversals that disrupted their lives and threatened to shatter forever their ambitions. Nonetheless, they all emerged fitted to confront the contours and dilemmas of their times. At their best, all four were guided by a sense of moral purpose. At moments of great challenge, they were able to summon their talents to enlarge the opportunities and lives of others. Does the leader make the times or do the times make the leader?

Ethnic Diasporas and the Canada-United States Security Community focuses on three diasporas and their impact on North American security relations, the Irish and Germans, which were mainly in the US, and the Muslim diaspora, which is based in both countries. The book begins by examining the evolution of North America from a zone of war to a zone of peace (i.e., a security community), starting with the debate over the nature and meaning of the Canada-US border. It then assesses the role of ethnic diasporas in North American security, looking as to whether ethnic interest groups have been gaining influence over the shaping of the US foreign policy. This debate is also valid in Canada, especially given the practice of federal political parties of catering to blocs of ethnic voters. The second section of the book focuses on three case studies. The first examines the impact of the Irish Americans on the quality of security relations between the US and the UK, and therefore between the former and Canada. The second looks at an even larger diaspora, the German Americans, whose political agenda by the start of twentieth century attempted to discourage Anglo-American entente and eventual alliance. The final case concentrates on the debates around the North American Muslim diaspora in the past two decades, a time when policy attention turned toward the greater Middle East, which in many ways constitute the "kin community" of this politically active diaspora. This comparative assessment of the three cases provides contextualization for today's discussion of homegrown terrorism and its implication for bilateral security cooperation in North America.

Senate Document 111-6. Memorial Addresses and Other Tributes: Held in the Senate and House of Representatives of the United States Together with Memorial Services in Honor of Edward M. Kennedy, Late a Senator from Massachusetts. includes remarks delivered by prominent members of both Houses of Congress, Democratic and Republican alike, as well as materials documenting specific legislative efforts and accomplishments achieved in collaboration with Senator Kennedy. Also included are transcripts of Senator Kennedy's memorial services.

Prisoners' rights is an area of constitutional law that is often overlooked. Combining an historical and strategic analysis, this study describes the doctrinal development of the constitutional rights of prisoners from the pre-Warren Court period through the current Rehnquist Court. Like many provisions in the Bill of Rights, the meaning of the Eighth Amendment's language on cruel and unusual punishment and the scope of prisoners' rights have been influenced by prevailing public opinion, interest group advocacy, and--most importantly--the ideological values of the nine individuals who sit on the Supreme Court. These variables are incorporated in a strategic analysis of judicial decision making in an attempt to understand the constitutional development of rights in this area.

Fliter examines dozens of cases spanning 50 years and provides a systematic analysis of strategic interaction on the Supreme Court. His results support the notion that justices do not simply vote their policy preferences; some seek to influence their colleagues and the broader legal community. In many cases there was evidence of strategic interaction in the form of voting fluidity, substantive opinion revisions, dissents from denial of certiorari, and lobbying to form a majority coalition. The analysis reaches beyond death penalty cases and includes noncapital cases arising under the Eighth Amendment, habeas corpus petitions, conditions of confinement cases, and due process claims.

A troubling look at why, for a variety of reasons, congressional power on issues of war and peace has diminished over time, resulting in an abdication of responsibility as the executive branch led the United States into a war with Iraq in 2003. The Road to War: Congress' Historic Abdication of Responsibility is a thought-provoking discussion of the ramifications of a shift in the balance of powers between Congress and the Executive Branch with regard to war and peace. To underscore his argument, author Robert Kennedy outlines the intellectual origins of the U.S. Constitution and examines the intent of the Framers on the relationship between Congress and the executive branch in the formulation of foreign and security policy and decisions of war and peace. Kennedy traces the erosion of congressional power from 1789 to the 21st century, concluding that Congress has often gifted away its war powers to the president, preferring to leave decisions on his shoulders, rather than accept the responsibility for a comprehensive examination of the issues and the tough decisions that such efforts might entail. This abdication by Congress of its constitutionally mandated responsibilities dangerously threatens the systems of checks and balances established under the Constitution. Power no longer checks power. Ambition is set free to take the Road to War.

Democratization is a sociopolitical process and the society that may grow out of it where people make decisions on matters affecting them. It is an unending struggle to win such rights and power, to hold and to extend them. The contending classes are essentially the poor and weak majority of the people and the elite of wealth, status, and power. This book begins with the study of politics in democratic Athens 508-322 BCE, and how it revolved around the divisions between an uneducated poor majority of citizens and a small, wealthy elite. All citizens were deemed equally capable of holding political office, and life in democratic Athens was itself an education through the wide political experience a citizen necessarily acquired. The second study is of Britain's centuries long and profoundly incomplete democratization, polarizing usually the urban poor, unequally against the Grandees, the oligarchy, and subsequent elites. A third exemplifier is South Africa, beginning in the 1970s-80s when two big processes were going on simultaneously: an external armed struggle led by the African National Congress (ANC), and a path-breaking domestic democratization represented by the United Democratic Front and the trade unions. The democratization that emerges here is a matter of aspiration and impulse by determined men and women, which fail more often than they succeed, yet appear again in other times and places. Two main models of democracy are in contention. A representative from revolving around free elections, in which competing elites "get themselves elected" utilizing their wealth and celebrity. The liberal form achieved preeminence in Britain and the United States over some 150 years, but is now under serious threat from its own dysfunctionalities and the alienation of its citizens from its institutions and their elitist, self-serving values. And there is the participatory model, now being approached again since the mid-1970s in many places, from Portugal, Poland and Czechoslovakia, to South Africa, Tunisia, Egypt, and Iceland. Many such impulses will fail, but they offer hope, and on the record, immense satisfaction to their participants.

The near conjunction of the bicentennial of the United States Constitution in 1989 and the completion of the European common market in 1992 provides a unique opportunity for the comparative consideration of constitutional federalism. The experience of the United States, with its mature federal system, offers some useful comparisons and insights into the processes that may follow in a further federalization of the European Community. This book, a collection of essays on the constitutional dimension of federalism, is drawn from a conference sponsored by the Delegation of the Commission of the European Communities, and presents substantial analytic material on problems of federalism and integration. The collection begins with a brief foreword by Lord Mackenzie-Stuart, discussing the European community's move toward a national identity. Following are the book's six chapters, written by U.S. and European legal scholars. The first provides important historical insights into the extended time period necessary before the United States could be considered a unified nation. Chapter two examines the complexities of the constitutional law of interregional migration and trade in the United States. A pair of complementary chapters describe how federal systems can respond to, and attempt to preserve, the diverse cultures that are located within an integrated political system. The use of local guarantees of fundamental rights as a counterweight to national norms follows, and a concluding chapter argues against any necessary path of development from economic to political, social, or cultural integration. A bibliographical essay, references, and a complete subject index are also included. This unique collection of essays will be a valuable contribution to courses in comparative law and political science, and an important addition to academic, public, and law libraries.

This volume has been written specifically for students of the U.S. system of government, and for students interested in federalism in practice. Joseph F. Zimmerman traces the development if the U.S. federal system from 1789 to the present day by focussing in the shifting balance of power between the nation and the states. It introduces the important theories of federalism and explains how they can be used to understand the system as it was originally drawn up and as it operates now. All the important trends in national-state relations are examined, with particular attention being given to the preemption by the federal legislature and judiciary of the powers and authority of the states.

The U.S. federal system has changed radically since its inception, and continues to increase in complexity. This lucid and accessible account links the systeM's current practices with its history and looks forward to the future of the most important federal system in operation today.

The debut of a brand-new civics series for high school seniors and college freshmen that clearly, concisely, and cleverly explains how the United States elects its president.

The metaphor of a "wall of separation" between church and state obscures the substantial connection that exists between the Christian religion and American liberalism. The central thesis of this work challenges the legitimacy of this metaphor as it appears in Supreme Court decisions and in the thought of the philosopher John Rawls. The Religious Origins of American Freedom and Equality provides a provocative interpretation of the nature of Christian and liberal principles, suggesting that the principles of individual freedom and equality were forged even within the conservative elements of Calvinism and Puritanism. Recognition of this substantial intellectual connection has the potential to help reshape our conception of the separation of church and state by tempering the opposition between religious and political concepts and values. The purpose of The Religious Origins of American Freedom and Equality then, is to contribute to an understanding of public reason that is more open to the contributions of religious perspectives. The work attempts to show how religious doctrines, currently obscured by historical context and hermeneutical dogmatism, have nonetheless played a formative role in the evolution of the freedom and equality that is foundational to contemporary liberalism. Understanding the genesis of the concepts of freedom and equality tempers the conceptual opposition between church and state and allows a clearer more inclusive interpretation of the nature of their separation. The originality of the work is fourfold: (1) the challenge its central thesis poses to dominant constructions of public reason, freedom, and equality; (2) the interdisciplinary method through which it brings the findings of a variety of disciplines to bear on a central issues in political philosophy; (3) the challenge it brings to the analytic and pragmatic approach of contemporary liberalism through its assertion of the importance of historical context to contemporary ideas; and (4) the degree to which it engages theology in its relation to contemporary questions.