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

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.

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.

It's the same message every election year: "Get out and vote--It's your civic duty." Those who audit the sound bites of the candidates, read headlines about the debates and finally pull the lever at their local precinct are touted as moral, upstanding citizens; those who find among the candidates no agreeable representative, no platform worthy of espousal, and who then refuse to turn out on election day, on the other hand, are labeled apathetic and the legitimacy of their opposition is denied. This book is an anthology of articles and excerpts from a variety of sources that deal with the topic of nonvoting. In presenting the minority view that important moral and political reasons abound for not voting, the book unfolds four general arguments: voting is implicitly a coercive act because it lends support to a compulsory state; voting reinforces the legitimacy of the state; and existing nonpolitical, voluntarist alternatives better serve society. Many people do not agree with the concept of nonvoting--but the serious and well thought through underpinnings of such a belief are of crucial importance to an understanding of modern American politics.

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.

This book aims to distil the essentials of liberal constitutionalism from the jurisprudence and practice of contemporary liberal-democratic states. Most constitutional theorists have despaired of a liberal consensus on the fundamental goals of constitutional order. Instead they have contented themselves either with agreement on lower-level principles on which those who disagree on fundamentals may coincidentally converge, or, alternatively with a process for translating fundamental disgreement into acceptable laws. Alan Brudner suggests a conception of fundamental justice that liberals of competing philosophic schools may accept as fulfilling their own basic commitments. He argues that the model liberal-democratic constitution is best understood as a unity of three constitutional frameworks: libertarian, egalitarian, and communitarian. Each of these has a particular conception of public reason. Brudner criticizes each of these frameworks insofar as its organizing conception claims to be fundamental, and moves forward to suggest an Hegelian conception of public reason within which each framework is contained as a constituent element of a whole. When viewed in this light, the liberal constitution embodies a surprising synthesis. It reconciles a commitment to individual liberty and freedom of conscience with the perfectionist idea that the state ought to cultivate a type of personality whose fundamental ends are the goods essential to dignity. Such a reconciliation, the author suggests, may attract competing liberalisms to a consensus on an inclusive conception of public reason under which political authority is validated for those who share a confidence in the individual's inviolable worth.

The Alabama State Constitution provides extensive analysis on American's longest state constitution, with an emphasis on the impact of recent court decisions declaring several of its most recently adopted provisions as in conflict with the U.S. Constitution and thus invalid. Since entering the Union in 1819, Alabama has had six constitutions. While the original constitution was regarded as one of the most progressive in the nation, its current constitution, adopted in 1901, is one of the most restrictive, especially from the perspective of the limits it imposes on local governments. The second edition updates and expands the previous edition, providing new analysis, with citations to court decisions and relevant scholarly commentary. This edition provides important accompanying explanations on newly added provisions including gay marriage, immigration, environmental protection, energy, and taxation and the court decisions interpreting them. The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research. Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.

This study proposes and assesses an alternative explanation of the changes in the relationship between presidential and House of Representatives election results during the last century. Jeffrey M. Stonecash argues that the separation of presidential and House election results that occurred from the 1960s to 1980 was a party-driven process, with both parties seeking to change their electoral base. Republicans sought a more conservative electoral base to counter what they saw as disturbing liberal trends in the nation. Democrats sought to reduce their reliance on the South and its conservativism. Presidential and House election results changed at different rates, creating an appearance that they were unconnected, but they eventually came together. Although many saw these changes in election results as evidence of parties' decline, this study reaffirms their position as central actors in bringing about change.

This book will prepare readers for the redistricting of congressional, state legislative, and local collegial bodies that will follow the 2010 Census. Almost every state legislature will devote extensive time to redrawing its own districts along with the state's congressional districts during 2011-2012. Chapters 2 through 5 cover the major factors involved in drawing the new maps. These are arranged in the order of their legal prominence beginning with the need for equal populations before moving to the obligation to avoid discriminating against minorities. Chapter 4 examines the other elements weighed by those redrawing districts: compactness, respect for political boundaries and communities of interest. Chapter 5 deals with partisan considerations and consequences of redistricting. More than any other state, Georgia has probably been the locale for more precedent-setting cases and had more difficulty securing Department of Justice approval of its districting plans. Chapter 6 uses Georgia as a case study to demonstrate the application of a number of concepts discussed in the preceding four chapters. The seventh chapter provides a preview of the post-2010 redistricting with a discussion of projections of likely congressional reapportionment. The final chapter also considers how the changes in the Voting Rights Act adopted in 2006 may affect the next round of redistricting.

This collection of twenty essays, written by an array of internationally prestigious scholars, is a ground-breaking work which raises serious and profound concerns about the entrenchment of human rights generally and into UK law in particular. This is the only book on the market to take a sceptical approach to recent developments in human rights law. Written throughout in an engaging and accessible style, this book is essential reading for all those with an interest in law or politics.

This work provides the first in-depth study of the Twelfth Amendment of the United States Constitution from the larger perspective of the development of the electoral college. Too often viewed as a modest reform to prevent the recurrence of the 1800-1801 election crisis, the Twelfth Amendment, according to Kuroda, was actually the decisive step in the evolution of the modern electoral college. Significantly, the amendment implicitly recognized the existence of national political parties and allowed the party which won the most electoral votes to win the offices of President and Vice President. But it was also significant for what it did not do: it did not abolish presidential electors; did not prohibit a winner-take-all electoral system; and did not mandate district election of electors.

Thomas Curry argues that discussion and interpretation of the First Amendment have reached a point of deep crisis. Historical scholarship dealing with the background and interpretation of the Amendment are at an impasse, says Curry, and judicial interpretation is in a state of disarray. His purpose is to provide a new paradigm for the understanding and exploration of religious liberty. He traces much of the current difficulty to the largely unexamined assumption on the part of judges and scholars that the Amendment created a right - the right to free exercise of religion - and that the courts are the guardians of that right. In fact, however, the First Amendment is above all a limitation on government and a guarantee that the government will not impinge on the religious liberty that citizens already possess by natural right.

Reprint of the rare 1843 edition. Tucker proposes a vigorous defense of states-rights principles in the manner of John Taylor of Caroline. A notably sophisticated argument, it balances detailed analysis of the U.S. Constitution with criticism of Joseph Story, Daniel Webster and other proponents of a powerful Federal government. Henry St. George Tucker 1780-1848] served as U.S. Congressman representing Virginia's 3rd District in the United States House of Representatives from 1815 to 1819. He studied under his father, St. George Tucker (editor of the American edition of Blackstone's Commentaries), at the College of William & Mary, and after he received his law degree, taught there himself. He was later was captain of Cavalry in the War of 1812, President of Virginia's Supreme Court of Appeals, (1831-1841) and, later in life, a prominent Professor of Law at the University of Virginia. He founded the Honor System there. Works that grew out of the classroom include Commentaries on the Laws of Virginia (1836-1837) and the present work. Tucker County, West Virginia, is named in his honor.

This book will prepare readers for the redistricting of congressional, state legislative, and local collegial bodies that will follow the 2010 Census. Almost every state legislature will devote extensive time to redrawing its own districts along with the state's congressional districts during 2011-2012. Chapters 2 through 5 cover the major factors involved in drawing the new maps. These are arranged in the order of their legal prominence beginning with the need for equal populations before moving to the obligation to avoid discriminating against minorities. Chapter 4 examines the other elements weighed by those redrawing districts: compactness, respect for political boundaries and communities of interest. Chapter 5 deals with partisan considerations and consequences of redistricting. More than any other state, Georgia has probably been the locale for more precedent-setting cases and had more difficulty securing Department of Justice approval of its districting plans. Chapter 6 uses Georgia as a case study to demonstrate the application of a number of concepts discussed in the preceding four chapters. The seventh chapter provides a preview of the post-2010 redistricting with a discussion of projections of likely congressional reapportionment. The final chapter also considers how the changes in the Voting Rights Act adopted in 2006 may affect the next round of redistricting.

Providing documentary history of the idea of sovereignty from classical theory to the global age, the diachronic perspective of this work illuminates the characteristic feature of modern sovereignty: the anthropomorphism of nations. The synchronic perspective describes conflicting elements within the history of sovereignty by identifying its encounter with nationalism and constitutionalism. The historical examination of sovereignty leads the author to conclude that the recent transformation of the principle of sovereignty can be understood in the context of new international constitutionalism.

This interdisciplinary collection of essays by a constitutionalist and a political sociologist examines how fragmented societies can be held together by appropriate and effective constitutional arrangements providing for bonds of democratic citizenship. Exploring the political order dilemmas of capitalist democracies, the authors address moral and institutional prerequisites on which the deepening of European integration depends. The desirability of such deepening is currently contested, with the membership of some states (and their compliance with the spirit of the Union's treaties) at stake. The authors do not consider the `renationalisation' of Europe to be a feasible (and even less so a desirable) way out of Europe's current malaise. Yet whatever the way out, charting it calls not just for the vision and imagination of political elites but also for the intellectual efforts of social scientists. With this book, Preuss and Offe contribute to those efforts. Key Features: * original insights on the nature of the European crisis * analysis of how fragmented societies can be held together by appropriate constitutional arrangements * how state sovereignty and federal structures can be merged * account of the moral prerequisites and resources of democratic polities * dilemmas of political order under democratic capitalism

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.

Many of the earliest books, particularly those dating back to the 1900s and before, are now extremely scarce and increasingly expensive. We are republishing these classic works in affordable, high quality, modern editions, using the original text and artwork.

In America, women are the clear majority of the electorate and the clear minority of elected officials overall. In 1997, women held only 21% of the seats at the state legislative level. This study finds that a significant and overlooked culprit acting to limit women's state legislative candidacies is the political party elite. Surveys of county party chairs and potential women legislative candidates were used to investigate the interaction between party leaders and women candidates and to assess its importance in the women's candidacy equation. The vast majority of potential women candidates did, in fact, respond that their parties discriminated against women candidates.

Why would party leaders harbor bias against women? Party leader survey responses are consistent with the notion that most leaders are subject to the outgroup effect, which in essence means they prefer candidates in their own image. Since most party leaders are men, this encourages them to value male candidates and doubt the merits of female candidates. The findings suggest that this bias against women is most likely to occur where chairs have greater decision-making power and where chairs are leading the parties in less competititve districts. The existence of outgroup-motivated bias from party chairs is estimated to reduce the number of women state legislative nominees by one-third. Scholars interested in women in politics, political parties and recruitment, legislative elections, social psychology, and political psychology will find this book useful.

The Executive in the Constitution: Structure, Autonomy, and Internal Control is the first constitutional and legal analysis of the inner workings of the executive for many years. It aims to provoke a reappraisal, by constitutional lawyers, of the place of the executive within the constitution, by exploring an area hitherto largely neglected in constitutional law: the legal foundations of the powers and structure of the executive, and the mechanisms through which the centre of the executive seeks to control the actions of departments. The authors, both pre-eminent in the field off constitutional law, show that the machinery of executive co-ordination and control is no less crucial a dimension of the constitutional order than the external machinery of democratic and legal control. These external parliamentary and judicial controls depend for their effectiveness on the executive's ability to control itself. The plural structure of the executive, however, makes the co-ordination and control of its component parts a highly problematical pursuit. Against the background of an analysis of the executive's legal structure, the book examines in detail the controls governing departmental access to staffing, financial, and legal resources, analysing the relationship between these internal controls and the external machinery of democratic and legal control, and showing how the machinery of internal control has been shaped by the structure of the executive branch. The organization of the executive and the way it controls the actions of its departments has changed significantly in recent year. This book explores the impact of the machinery if executive co-ordination and control of the ambitious public service reform project which has been pursued by successive governments over the last twenty years, as well as of changes in the wider constitutional framework, including those stemming from the United Kingdom's membership of the European Union and the growth of judicial review. It shows how public service reforms, judicial review, and European law are changing not just the inner life of the executive government but its place in the constitution as well.