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Books > Social sciences > Politics & government > Political structure & processes > Constitution, government & the state
The Constitution is the cornerstone of American government, hailed as one of the greatest contributions of the Western Enlightenment. While many seem content simply to celebrate it, those most familiar with the document invariably find it wanting in at least some aspects. This unique volume brings together many of the country's most esteemed constitutional commentators and invites them to answer two questions: First, what is the stupidest provision of the Constitution? "Stupid" need not mean evil. Thus, a second, related question is whether the scholar-interpreter would be forced to reach truly evil results even if applying his or her own favored theory of constitutional interpretation. The contributors include Lawrence Alexander, Akhil Reed Amar, Jack Balkin, Philip Bobbitt, Gerard Bradley, Rebecca Brown, Steven Calabresi, Lief Carter, Christopher Eisgruber, Lawrence Sager, Marie Failinger, Daniel Farber, James Fleming, Mark Graber, Stephen Griffin, Gary Jacobsohn, Randall Kennedy, Lewis LaRue, Theodore Lowi, Earl Maltz, Michael McConnell, Matthew Michael, Robert Nagel, Daniel Ortiz, Pamela Karlen, Michael Paulsen, Robert Post, Lucas Powe, Dorothy Roberts, Jeffrey Rosen, Frederick Schauer, Michael Seidman, Suzanna Sherry, David Strauss, Laurence Tribe, Mark Tushnet, and John Yoo.
After her beloved dad got addicted to right-wing talk radio and Fox News, Jen Senko feared he would never be the same again... Frank Senko had always known how to have a good time. Despite growing up in a poverty-stricken family during the Depression and having to fight his way to middle-class status as an adult, he tended to look on the bright side. But after a job change forced Frank to begin a long car commute every day, his daughter Jen noticed changes in his personality and beliefs. Long hours on the road listening to talk radio commentators like Rush Limbaugh sucked her father into a suspicion-laden worldview dominated by conspiracy theories, fake news, and rants about the "coastal elite" and "libtards" trying to destroy America. Over the course of a few years, Jen's dad went from a nonpolitical, open-minded Democrat to a radical, angry, and intolerant right-wing devotee who became a stranger to those closest to him. As politics began to take precedence over everything else in her father's life, Jen was mystified. What happened to her dad? Was there anything she could do to help? And, most importantly, would he ever be his lovable self again? Jen began the search for answers, and found them... as well stories from countless other families like her own. Based on the award-winning documentary, The Brainwashing of My Dad uncovers the alarming right-wing strategy to wield the media as a weapon against our very democracy. Jen's story shows us how Fox News and other ultra-conservative media outlets are reshaping the way millions of Americans view the world, and encourages us to fight back.
John Howard, author of Road Warriors, asks: WHY? Why can't we display the Ten Commandments in public places? Why can't we say Merry Christmas, even though that's the holiday we are celebrating? Why do we all have to kowtow to the liberal Church of the Enlightened's dictates and lack of morals? Why can't children pray in school, if that is their choice? Why does the Church of the Enlightened hate core American values? Why does the feminist's agenda ruin the workplace and weaken the United States from within? Why does Affirmative Action hurt the people it's supposed to help? Why can't we find out the truth about our elected leaders who pay attorneys to cover up their past? And WHAT can the right-thinking Christian majority do about changing the messages that are sent out each day, seeking to dismiss them as crazy people that seek to destroy this great nation? The United States of America is the greatest country in the world and only when right-thinking foundational principles are brought to surface, can we truly have a nation of which to be proud.
Exploring five distinct models of federal arrangement, this book evaluates the relative merits of each model as a mechanism for managing relations in ethnically divided societies. Two broad approaches to this issue, accommodation and denial, are identified and, from this, five distinct models of federal arrangement are derived. The models; ethnic, anti-ethnic, territorial, ethno-territorial, and federacy, are defined and then located within their broader theoretical tradition. Detailed case studies are used to evaluate the strengths and weakness of each model and highlight patterns in the success and failure rates of the universe of post-1945 federal arrangements. From this it is clear that two forms of ethnically defined federal arrangement - federacy and ethno-territorial federalism, are associated with low failure rates, while ethnic federalism has enjoyed a far higher rate of failure. The reasons for this are examined and the implications of this for the design of federal systems in ethnically divided societies are assessed. Federal Solutions to Ethnic Problems: Accommodating Diversity advances a new argument within the field of comparative politics, that certain forms of federal arrangement are systematically more successful than others in ameliorating ethnically conflicted societies and is essential reading for students and scholars with an interest in politics and the Middle East.
First published in 1989, Michael's Foley's book deals with the 'abeyances' present in both written and unwritten constitutions, arguing that these gaps in the explicitness of a constitution, and the various ways they are preserved, provide the means by which constitutional conflict is continually postponed. Abeyances are valuable, therefore, not in spite of their obscurity, but because of it. The author illustrates his point with analyses of constitutional crises from both sides of the Atlantic. He examines the period leading up to the English civil war in the seventeenth century, and the 'imperial presidency' episode under Richard Nixon in the late 1960s and 1970s in the USA. In both cases there was no constitutionally correct solution available but, as the author demonstrates, the political skill of the participants in their use of constitutional devices allowed the anomalies of the American system to survive in a way that contrasted markedly with the plight of Charles I and the Stuart constitution. This reissue of a landmark study will be welcomed by all those interested in the interpretation and construction of constitutional law.
In a time when American politics has become a spectator sport often viewed with a cynical eye by the people, it is needful to be reminded that our freedom entails a civic responsibility to preserve the legal document that gives us that freedom, the United States Constitution. The Constitution is a contract to which all citizens are parties and upon which they have a right to rely. The people have as well the right to protect themselves from interpretations that go unreasonably beyond the original intent of the Framers. It is clear that in the past the Constitution has been abused to justify decisions made by the legislative and judicial branches of government (as in the Dred Scott case) that have since been overturned. Decisions that extend the powers of the federal government beyond the expressly stated limits declared in the Constitution continue to occur today and remain subjects of intensely debated contention. This book gives detailed examples of where Congress and the Supreme Court have gone outside the peoples mutual contract and have, in effect, amended the Constitution. The last chapter outlines a procedure by which citizens, voting directly, can overrule or repeal amendments made by elements of their government.
In this lively, authoritative collection, Thomas J. McInerney presents famous and lesser-known speeches, letters, and other important documents from every U.S. president from George Washington to Barack Obama. Whether printed in full or excerpted, these history-making documents are an invaluable resource as well as a fascinating browse. Including familiar documents such as the Emancipation Proclamation, to personal correspondence such as a letter from George H.W. Bush to his children, this collection brings together the famous statements that came to represent each administration with intimate glimpses into the thought processes of various presidential leaders. Now in its second edition, "Presidential Documents "has been re-designed to increase its usefulness in the classroom. Part openers introduce each era of the American presidency with a concise political and historical overview, highlighting the challenges each leader faced, and placing the documents in context. Whether used as a complement to an American history survey text or as a collection of primary documents for courses on the American Presidency, "Presidential Documents" provides an engrossing look at the work of the leaders of the United States, in all their complexity.
This book demands that we question what we are told about security, using tools we have had for thousands of years. The work considers the history of security rhetoric in a number of distinct but related contexts, including the United States' security strategy, the "war" on Big Tech, and current concerns such as cybersecurity. Focusing on the language of security discourse, it draws common threads from the ancient world to the present day and the near future. The book grounds recent comparisons of Donald Trump to the Emperor Nero in a linguistic evidence base. It examines the potential impact on society of policy-makers' emphasis on the novelty of cybercrime, their likening of the internet to the Wild West, and their claims that criminals have "gone dark". It questions governments' descriptions of technology companies in words normally reserved for terrorists, and asks who might benefit. Interdisciplinary in approach, the book builds on existing literature in the Humanities and Social Sciences, most notably studies on rhetoric in Greco-Roman texts, and on the articulation of security concerns in law, international relations, and public policy contexts. It adds value to this body of research by offering new points of comparison, and a fresh but tried and tested way of looking at problems that are often presented as unprecedented. It will be essential to legal and policy practitioners, students of Law, Politics, Media, and Classics, and all those interested in employing critical thinking.
There is great power in the use of words: words create most of what we consider to be real and true. Framing our words and narratives is thus a tool of power - but a power that also comes with limitations. This intriguing issue is the topic of Framing the Threat, an investigation of the relationship between language and security and of how discourse creates the scope of possibility for political action. In particular, the book scrutinizes and compares the security narratives of the former US presidents George W. Bush and Barack Obama. It shows how their framings of identity, i.e., of the American 'self' and the enemy 'other' facilitated a certain construction of threat that shaped the presidents' detention and interrogation policies. By defining what was necessary in the name of national security, Bush's narrative justified the operation of the detention center at Guantanamo Bay and rendered the mistreatment of detainees possible - a situation that would have otherwise been illegal. Bush's framings therefore enabled legal limits to be pushed and made the violation of rules appear legitimate. Obama, in contrast, constructed a threat scenario that required an end to rule violations, and the closure of Guantanamo for security reasons. According to this narrative, a return to the rule of law was imperative if the American people were to be kept safe. However, Obama's framing was continually challenged, and it was never able to dominate public discourse. Consequently, Framing the Threat argues Obama was unable to implement the policy changes he had announced.
The process of European integration is at a crossroads. As the Union becomes larger in terms of members, the institutional structures and decision making procedures will have to change in order for it to make policy initiatives. To meet these challenges, the Union will need an effective institutional and constitutional structure which must be both democratic and acceptable to its citizens. This major book evaluates recent developments, considers the present situation and assesses the prospects for the future of the European Union. A wide variety of institutional and constitutional issues are addressed, with special attention being paid to three main topics; decision making and including a critique of attempts to analyse European decision making using traditional power indices and a discussion of the different procedures laid down in the comitology decision; federal structures, with an analysis of the politics of European federalism among other issues; institutional change which compares the relative merits of enlarging or deepening the Union, suggesting a fifth freedom by a single European market for governments and discussing non-technical aspects of legislation in the European Union. Constitutional Law and Economics of the European Union will of interest to policymakers, academics and students of European economic and political affairs and institutional and constitutional structures.
This book reflects on the questions raised by the European Election Study 2004 whose analytical focus was on the legitimacy of EU politics after Eastern enlargement. It also assesses the dynamics and the contents of the campaign, on the determinants of the extremely low turnout in the new countries, and on the reasons of voter choice in West and East. The book also examines the first European Parliament election after the post-communist countries of Eastern Europe joined the European Union. The central question is: what has changed? Are the voters in the new member countries different and if so, why? Did the Union suffer from a loss of democratic legitimacy after Eastern enlargement? Each chapter is empirical-analytical; most are based on the post-election surveys of the group that were conducted in all but one of the 25 member countries, others focus on the results of content analyses of news media and party manifestos. This book was published as a special issue of the Journal of European Integration.
First published in 1989, Michael's Foley's book deals with the 'abeyances' present in both written and unwritten constitutions, arguing that these gaps in the explicitness of a constitution, and the various ways they are preserved, provide the means by which constitutional conflict is continually postponed. Abeyances are valuable, therefore, not in spite of their obscurity, but because of it. The author illustrates his point with analyses of constitutional crises from both sides of the Atlantic. He examines the period leading up to the English civil war in the seventeenth century, and the 'imperial presidency' episode under Richard Nixon in the late 1960s and 1970s in the USA. In both cases there was no constitutionally correct solution available but, as the author demonstrates, the political skill of the participants in their use of constitutional devices allowed the anomalies of the American system to survive in a way that contrasted markedly with the plight of Charles I and the Stuart constitution. This reissue of a landmark study will be welcomed by all those interested in the interpretation and construction of constitutional law.
Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. Providing a comprehensive account of America's constitutional framework, this Advanced Introduction examines how U.S officials carry out America's foreign policy objectives through diplomacy, trade agreements, secretive covert actions, and the use of military force. Loch K. Johnson delivers an invigorating examination of ethical and legal aspects of American foreign policy as well as providing a new perspective on topics such as domestic politics, diplomacy and policymaking. Key Features include: Analysis of the international setting for U.S. foreign policy activities Examination of foreign policy decision making from domestic, individual and international settings. Discussion of the relationship between the United States and other nations, international organizations, and various global factions. Concise and timely, this Advanced Introduction will be a beneficial read to foreign policy, American studies and international relations students and researchers. This will also be a key resource for military academies and organizations seeking a better understanding of the position of the United States in global affairs.
The recent debate about biopolitics in International Relations (IR) theory may well prove to be one of the most provocative and rewarding engagements with the concept of power in the history of the discipline. Building on Foucault's arguments concerning the role played by the concept of security in 19th-century liberal government, numerous IR scholars are now arguing for the relevance of his theories of biopolitics and governmentality for understanding the Global War on Terror (GWOT) and broader issues of security and governance in the post 9/11 world. Conversely, others have criticized this idea. Marxist and Communitarian scholars have challenged the notion that the category of biopolitics can be 'scaled' up to the level of international relations with any analytical precision. This edited volume covers these debates in IR with a series of critical engagements with Foucault's own thought and its increasing relevance for understanding international relations in the post 9/11 world. This book was based on a special issue of Global Society.
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.
This well-researched text was written specifically to address Unit AS1 of the revised CCEA Government and Politics specification. It covers the Government and Politics of Northern Ireland and has been through a meticulous quality assurance process. It considers the implementation of the Good Friday Agreement, the amendments made in subsequent agreements (St Andrews, Hillsborough and Stormont House) and examines the functions and responsibilities of the Northern Ireland Assembly, the executive and various political parties. Included in the book are tasks, practice essay titles, key terms and concepts, as well as a detailed glossary, index and examination preparation guide. Areas explored include: * The principles, content and implementation of the Good Friday Agreement and the changes made to it by subsequent agreements. * An analysis of the Assembly, including its three main functions (representation, legislation and scrutiny), and its independence from the Executive. * A look at the Executive Office and the Executive as a whole - how it disappointed, how it can determine legislation and policy, the divisions within it, and its ability to function as a power-sharing government. * An evaluation of the Northern Ireland political parties, including their role in government, their respective backgrounds, strategies and policies, and how they have changed since 1998.
The U.S. Attorney General is forever caught between competing demands: on one side, his political duties as cabinet appointee and adviser to the president; on the other, his quasi-judicial responsibilities as chief law officer of the nation. In theory the two sets of responsibilities coexist peacefully. In reality they often clash. "In Conflicting Loyalties," political scientist Nancy Baker provides the first comprehensive analysis of the history and structure of the office of the U.S. Attorney General, an office that legal scholars have described as "schizophrenic." Her study documents how they have differed in their responses, seeing themselves either as advocates of the president or as neutral expounders of the law. Combining historical analysis with legal and political theory, Baker shows how this implicit conflict has evolved from the earliest days of the Republic, when the attorney general was primarily an adviser, to the present day, when he administers the huge bureaucracy of the Department of Justice. Using both archival materials and personal interviews, Baker analyzes how the seventy-five men who have held the post of attorney general have managed the conflict of loyalties. In particular, she focuses on Robert Kennedy, Edwin Meese, Elliot Richardson, Griffin Bell, Robert Jackson, Edward Levi, A. Mitchell Palmer, and Roger Taney. She also examines how the office has been affected by scandals in various administrations, including the Red scare of 1919-20, Teapot Dome, Watergate, and Iran-Contra. The book concludes with an exploration of arguments for reforming the office.
This book analyses institutional reforms implemented by Japanese Prime Minister Abe Shinzo, under his second administration from 2012 to 2020. Also examined is the evolution in the role of such actors in Japanese politics as bureaucrats, Liberal Democratic Party (LDP) factions, and backbenchers of the ruling party. Chapters offer multi-dimensional explanations for the preconditions of successful gradual institutional change in political systems, characterized by relatively strong veto players, rigid governmental structures, and numerous unofficial decision-making rules. It is argued that enhancement of the prime minister's position was implemented through the creative use of pre-existing policy venues, coupled with minor institutional changes in decision-making bodies. Using three illustrated case studies, it is demonstrated how the prime minister managed to centralize the decision-making process: a result of strategic appointment of ministers, empowerment of the Cabinet Secretariat and also taking advantage of wider advisory organs, largely circumventing deliberations on key policies in the ruling party. Seemingly minor changes thus manifested in a major redefinition of decision-making patterns: a result of the long-term perspective of the Abe administration. Gradual Institutional Change in Japan: Kantei Leadership under the Abe Administration will be useful for students seeking to understand the process of successful gradual institutional change and for scholars of Japanese studies and political science. |
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