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Books > Social sciences > Politics & government > Political structure & processes > Constitution, government & the state
Through illuminating case studies of reform efforts in Alabama, California, Colorado, Florida, New York, and Virginia, this book--the first of three volumes--provides the first systematic analysis of the political obstacles to state constitutional reform. For those seeking constitutional reform, this useful resource can spell the difference between success and failure, and for those interested in state politics or constitutional politics, it offers rare insight into a distincive aspect of American constitutionalism. Written by eminent scholars who were, in many cases, also active participants in the reform campaign, the essays provide practical experience, expert analysis, and lessons for future constitional reformers.
There is little consensus about the nature of the political system that has emerged during the Putin presidency. This collection considers the issues arising in this connection, focusing more closely on institutions such as the presidency and the security police, and on the socioeconomic dimensions of political power.
Noted experts examine America's power to go to war historically and recently, now that the Cold War has ended. They propose ways that the Congress and the president might develop a new working consensus for dealing with the use of military or paramilitary force in the future. This scholarly study of constitutional and statutory proscriptions, UN treaty and international obligations, and judicial restraints is essential reading for undergraduate and graduate students, law students, teachers, and professionals concerned with constitutional interpretation, the government's division of power, and war making.
As part of a new series of Greenwood's comprehensive reference guides to the United States Constitution, Professor Durchslag's edition on the Eleventh Amendment's guarantee of state sovereign immunity is the most thorough and up-to-date treatment of that amendment. The Court's interpretation of the Eleventh Amendment over the past two centuries has been an attempt to balance the sovereign interests of the states against the primacy of federal law, and is currently its primary means of articulating its federalist doctrine. Beginning with an extensive history of the Eleventh Amendment and the ratification debates surrounding it, Durchslag proceeds to a chronological discussion of the development of the first generation of Eleventh Amendment jurisprudence from 1793 - 1890. The book then proceeds topically, tracing the developments of the various doctrinal components of the Amendment, and includes suggestions as to how they may evolve. The work concludes with an erudite bibliographic essay to guide the reader to relevant primary and secondary works, and is fully indexed. For constitutional students, scholars, and legal practitioners, as well as for political scientists and historians studying the constitution or federalism.
"The Radical Attitude and Modern Political Theory" focuses on the appearance of an attitude towards modernity that can be best described as radical. It emerges in discourses of politics and the state from the Sixteenth century onwards and can be discerned in many of the central texts of modern political theory, even those that are usually understood to be conservative in character. Accordingly, the attitude is best seen not as a coherent ideology or tradition but as a series of conceptual resources that continue to inform political discourse in the present.
The book analyses the changing roles of international agencies, governmental bodies, non-governmental organisations, and local communities around major road-building environmental impact assessment processes in order to examine whether the influence of the European Union has transformed environmental governance in Bosnia-Herzegovina and in Serbia.
Trace the roots of the concept of equal protection from the American Revolution and the formation of the Constitution through its application today using this collection of 177 primary documents from a variety of sources. Students can use this unique reference resource to examine the tension between the concept of equal protection and recognition of slavery in the constitutional order, to explore the devitalization and revitalization of the 14th and 15th Constitutional amendments from the era of Jim Crow through the Civil Rights movement, and to study current court rulings on equal protection of the law. Petitions, laws, court decisions, personal accounts, and a variety of other documents bring to life the experiences of African Americans in the American constitutional order. Five historical periods are explored with particular emphasis on the concept of equal protection of the law and its particular embodiment in the 14th Amendment. These include: the roots of the concept of equal protection in the Anglo-American experience, the lives of African Americans under a Constitution that incorporated equal protection yet recognized slavery, the 14th and 15th Amendments and the development of Jim Crow, 20th-century developments in the application of equal protection to race, and the accomplishments of the Civil Rights movement and developments since that time. The introductory and explanatory text helps readers understand the nature of the conflicts, the issues being litigated, and the social and cultural pressures that shaped each debate. This welcome resource will provide students with the opportunity to understand the various arguments put forth in different debates, encouraging readers to consider all sides when drawing their own conclusions.
Bernie Sanders is one of the most influential figures of our time, a politician who inspires fervent love and, even among his enemies, a measure of grudging respect-yet we know comparatively little about this famously private left-wing firebrand. Now, Ari Rabin-Havt, a trusted Sanders aide, is able to take us where no press features or televised interviews have been able to go. The Fighting Soul is a behind-the-scenes chronicle of Sanders's meteoric 2020 campaign for president-from the first campaign meeting in Rabin-Havt's living room, to Sanders's heart attack and the end of the campaign as the COVID-19 pandemic spread around the world-that deepens into an unforgettable portrait of Sanders. Rabin-Havt unfolds the history that drives his deep ideological commitments to the working class, his views of his young supporters, his sense of humour, which few outside his immediate circle ever witness, and the role his wife, Jane, plays in his success. In the tradition of What It Takes and other exuberant works of American political writing, The Fighting Soul shows the making of the rare politician motivated by principle, not power.
Politicians are polarized. Public opinion is volatile. Government is gridlocked. Or so journalists and pundits constantly report. But where are we, really, in modern American politics, and how did we get there? Those are the questions that Byron E. Shafer aims to answer in The American Political Pattern. Looking at the state of American politics at diverse points over the past eighty years, the book draws a picture, broad in scope yet precise in detail, of our political system in the modern era. It is a picture of stretches of political stability, but also, even more, of political change, one that goes a long way toward explaining how shifting factors alter the content of public policy and the character of American politicking. Shafer divides the modern world into four distinct periods: the High New Deal (1932-1938), the Late New Deal (1939-1968), the Era of Divided Government (1969-1992), and the Era of Partisan Volatility (1993-2016). Each period is characterized by a different arrangement of the same key factors: party balance, ideological polarization, issue conflict, and the policy-making process that goes with them. The American Political Pattern shows how these factors are in turn shaped by permanent aspects of the US Constitution, most especially the separation of powers and federalism, while their alignment is simultaneously influenced by the external demands for governmental action that arise in each period, including those derived from economic currents, major wars, and social movements. Analyzing these periods, Shafer sets the terms for understanding the structure and dynamics of politics in our own turbulent time. Placing the current political world in its historical and evolutionary framework, while illuminating major influences on American politics over time, his book explains where this modern world came from, why it endures, and how it might change yet again.
Decisive rejection by French and Dutch voters in 2005 forced the EU to abandon the Constitutional Treaty agreed the previous year. Yet by the end of the 2007, contrary to all expectations and after an intergovernmental conference essentially devoid of substantive negotiation, EU leaders had agreed and signed the Treaty of Lisbon containing the bulk of the Constitutional Treaty's substantive reforms. How did this latest treaty come about? Why did events move so quickly in 2007? Who were the key actors and what methods did they use to enable a treaty to be drawn up and agreed in such a short period of time? This book explores the unique process that saw EU leaders hastily agree a lengthy and detailed mandate for the intergovernmental conference. In doings so, it highlights the pivotal roles played by the German Council Presidency and key institutional actors in paving the way for and securing agreement among EU leaders on the new treaty.
Nelson provides a historical overview of the theoretical and ideological evolution of the modern state, from pre-state and pre-modern state formations to the present. Major themes and key thinkers are treated in some depth and specificity. At the same time, structural changes, both socio-economic and political, underlying shifts in state consciousness are emphasized. The link between state ideologies of legitimation and forms of political consciousness is stressed, including those theoretical forms of consciousness characteristic of modern social and political science. A major theme of the book is the need to understand the modern state holistically, as a totality of social, political, and ideological factors.
From the days of Athenian democracy to the back rooms of Chicago politics today, corruption has plagued all political systems for all time. It is ubiquitous, vexing, and at times, threatens the very fabric of society. No culture, no system of government, no code of ethics has been able to eliminate political corruption. While the United States generally ranks comparatively low in measures of political corruption (Transparency International rates the U.S. as the 18th "least" corrupt nation in the world, with Denmark at number one, New Zealand, second, and Sweden third, the U.K. 16, France 23, Spain 28, Israel 33, South Korea 40, Italy 55, Cuba 65, with Somalia last at 180), yet it too continues to confront the sting of political corruption. For something to count as political corruption in the United States, it must have a public impact, be a part of some violation of public trust. As such, another useful distinction can be drawn between individual corruption and systemic corruption. The former is individual wrongdoing. An officeholder on the take, a legislator who sells his vote, would be examples of "bad apples." Systemic corruption encompasses a broader sphere. Instead of bad apples, here you have a "bad system." The undermining of democratic legitimacy or equality might be considered examples of systemic corruption, as might campaign financing practices. Such corruption runs deeper than mere individual transgression. Corruption is embedded into the day-to-day operation of the system. In focusing on the individual, we often overlook the systemic. It is easier, and in the short run, more gratifying to catch, punish, and condemn an individual like Governor Blagojevich. Yet what of the systemic forces that led the governor to behave in such a manner? Is there undue systemic pressure to accumulate money, so much so that the system pushes politicians "over the edge"? A politician need not "sell" offices to enter into a Faustian bargain. It may be perfectly legal to collect campaign contributions, yet it may also have a corrosive or corrupting effect on the integrity of the democratic process. With so many issues of corruption swirling around in the current American political climate, it is timely that there is new scholarship that casts much-needed light on these systemic forces. The brilliant discussions by a stellar list of distinguished scholars, led by Michael A. Genovese and Victoria A. Farrar-Meyers, in the insightful edited volume, Corruption and American Politics, delivers the best and most up-to-date thinking by some of the finest political minds in the nation. This will be an essential resource for all collections in political science and American studies.
During the 1990s the concept of state failure emerged as part of an attempt to explain and understand the complex, post-Cold War, new world dis-order. State failure achieved prominence, being applied to situations of institutional collapse and mass violence that appeared to herald a new level of international instability. Ungoverned territories hosted criminal networks, narco-barons, and terrorists; they would be sources of threats flowing from environmental degradation and disease. The failed state influenced profoundly international politics in early-21st century. Exploring critically the emergence, evolution and consequences of the state failure concept, Andrew Taylor concludes that despite a superficial plausibility, it lacks sufficient theoretical and empirical rigour to understand the varying phenomena gathered under the heading of state failure. This lack of intellectual depth renders it dangerous as a guide to policy.
An examination of the language of law in the area of political representation, this book considers the development and recognition of group claims brought pursuant to the Voting Rights Act and the Equal Protection Clause in Supreme Court opinions. In his analysis, Burke highlights the different, discursive strategies, broadly identified as liberal and communitarian, used by the Supreme Court to justify the outcomes of various cases, and he argues that no particular strategy of justification is inherently politically conservative or liberal and that no conception of political representation is unassailable. Therefore, it is unlikely that the Supreme Court will articulate a stable measure of fair representation. The Supreme Court offers one more forum in the deliberation over what is fair representation; however, it is not likely to provide minority communities with a legal answer to the problem of political underrepresentation. As such, this book tells the uncertain story of the creation of political fairness by the Supreme Court. The language used to characterize what is fair and representative, and the theoretical designs which the rhetoric reflects, allows us to formulate concepts of fair representation as legal standards evolve. By placing the debate over fair representation in not only political and legal but also philosophical terms, we are better able to understand the inevitable tensions that drive the concept of representation into new, ill-defined, and contentious areas.
In the last half century, the rule of law has increasingly been appealed to as a common global value. The Handbook on the Rule of Law analyses the appeal of this idea, its context, and background through a range of questions about the character, history and global reach of the rule of law, offering readers a definitive understanding of this central global norm. Original contributions from leading academics explore the rule of law conceptually and historically through its associated institutions, as well as examine detailed cases evaluating how the everyday application of the rule of law impacts society as a whole. Exploring a wide range of research on the social, political and economic dimensions of the rule of law, this Handbook clearly illustrates the link between the rule of law and the global political system. This informative Handbook will be key reading for post-graduate students of international relations, global politics, and law, as well as for legal scholars wanting to build upon their knowledge with a wider account of the rule of law. Researchers in areas impacted by the rule of law will also find this volume to be stimulating reading. Contributors include: J. Allison, T. Almeida Cravo, D. Banik, A. Bedner, P. Costa, C. Cutler, D.l. Desai, C. Feinaugle, J. Flood, T. Ginsburg, J. Gutmann, S. Hinderling, D. Howath, T. Kellogg, T. Krever, M. Krygier, A. Loretoni, F. Macaulay, A. Magen, C. May, J. Moller, P. Nicholson, L. Pech, M.M. Prado, M. Rishmawi, C. Schwoebel-Patel, L.B. Tiede, V. Vadi, S. Voigt, C. Walker, A. Wiener, A. Winchester, P. Zumbansen
This book analyses cases of judicial avoidance: what happens when courts leave some or all of the merits of a case undecided? It explores examples of justiciability assessments and deferential approaches regarding the decision of another authority and examines legitimacy issues involving judicial avoidance. The reader is presented with answers to two fundamental questions that guide the development of the book: - Is it legitimate to practise judicial avoidance? - How could judicial avoidance be practised legitimately? The conflict of competences, which often emerges in instances of judicial avoidance, is an important book baseline. From this conflict, the book considers and defends the possibility of applying ‘formal balancing’ to provide a clearer structure of the exercise of justiciability and judicial deference. The ‘formal balancing’ methodology is based on Alexy’s principles theory, and its connection with judicial avoidance represents a significant contribution and novel point in constitutional adjudication.
In 1945, Allama Inayatullah Khan Al-Mashriqi, founder of the Khaksar Tehreek, published The Constitution of Free India, 1946 A.C. Also known as the Mashriqi Constitution or Khaksar Constitution, the document was created in order to prevent the partition of India. The Constitution was formulated, under Mashriqi's guidance, by eminent personalities and intellectuals from various disciplines, such as politics, finance, and administration and law. The result was a monumental work that accommodated the rights of all - including Muslims, Hindus, Scheduled Castes, Sikhs, Jains, Parsees, Budhists, Jews and Christians. According to Mashriqi: "We addressed almost every important element of India's national life requesting it to send its declaration of interests so that in case the interests did not clash with those of other parties in the country they might be incorporated in the body of the Constitution 'as far as possible, feasible and consistent with the interests of other parties.' We addressed more or less 75 parties and over three hundred million people in the country accepted our invitation through their accredited leaders."* By December of 1945, 50,000 copies of the Constitution had been printed. Ultimately, however, the Constitution was not adopted for political reasons, and British India was subsequently partitioned in 1947. Nevertheless, The Constitution of Free India, 1946 A.C. serves as a lasting example of the Khaksars' efforts to bring the nation together - and how close they came to achieving the vision of a united, independent India. For more information on Allama Mashriqi and the Khaksar Tehreek, visit the following web sites: http: //www.allamamashraqi.com http: //www.allamamashriqi.info *Source: Mashriqi's address at the University Institute Hall, Calcutta on October 21, 1945, entitled "Where Leaders Fail: A Dispassionate Dissection of Indian Politics from a Non-Party Point of View"
Among the most controversial issues in the United States is the question of whether public or private agencies should adopt preferential treatment programs or be required to pay reparations for slavery. Using a carefully reasoned philosophical approach, Stephen Kershnar argues that programs such as affirmative action and calls for slavery reparations are unjust for three reasons. First, the state has a duty to direct resources to those persons who, through their abilities, will benefit most from them. Second, he argues that, in the case of slavery, past injustice--where both the victims and perpetrators are long dead--cannot ground current claims to compensation. As terrible as slavery was, those who claim a right to compensation today owe their existence to it, he reasons, and since the events that bring about a person's existence are normally thought to be beneficial, past injustices do not warrant compensation. Finally, even if past injustices were allowed to serve as the basis of compensation in the present, other variables prevent a reasonable estimation of the amount owed.
State sovereignty is the foundation of international relations. This thought-provoking book explores the gap between seeing sovereignty as either absolute or relative. It argues that state sovereignty is both factual and judicial and that the 'loss' of sovereignty exists only at the margins of the international society. With many interesting real-world examples of ambiguous sovereignty examined, this is an important argument against those who are quick to claim that 'sovereignty' is under assault.
* Offers a narrative of presidential development that encompasses the entire sweep of American history rather than just the period since FDR, which frequently gets ignored, thus grounding students in background they need to appreciate contemporary events. * Provides excellent treatment of constitutional and legal aspects of the presidency, giving students a means by which to assess the Trump administration and impeachments as well as looking ahead to the more traditional Biden presidency . * The book is consistently praised for the quality of writing, so important to students resistant to reading. New to the Fourth Edition Explicit and expanded attention to the role of norms in shaping and constraining presidential power, with special focus on Trump's norm-breaking and Biden's efforts to shore up norms Enhanced focus on the prospects for institutional reform, including in the electoral college, presidential relations with Congress, war powers, and the selection of Supreme Court justices A full reckoning with the Trump presidency and its significance for the future of American democracy, presidential rhetoric, the unilateral executive, and the administrative state Coverage of the first year of Biden's presidency, including presidential rhetoric, relations with Congress and the bureaucracy, use of the war powers, and unilateral directives Comprehensive updating of debates about the removal power, including the Supreme Court cases of Seila Law v. CFPB and Collins v. Yellen In-depth exploration of the impact of partisan polarization on the legislative presidency and effective governance Analysis of the 2020 election and its aftermath Expanded discussion of impeachment to incorporate Trump's two impeachments Examination of presidential emergency powers, with special attention to Trump's border wall declaration Review of Biden's and Trump's impact on the judiciary Assessment of Biden's and Trump's place in political time
An inherent tension resides in the Fourth Amendment's strictures on unreasonable searches and seizures. We want it to protect our privacy from government intrusion, yet we want the police to do whatever is required to solve crime. Greater controls on the power of the police provide more privacy protections to citizens. Reduced controls on police actions provide less privacy protection to citizens. Bloom explores this tension as he guides the reader to through the history and relevant Supreme Court decisions that have shaped the current state of Fourth Amendment law.
Packed with current examples and practical insight, Wilson/Dilulio/Bose/Levendusky's AMERICAN GOVERNMENT: INSTITUTIONS AND POLICIES, ENHANCED 17th edition, gives you a clear understanding of the U.S. government -- and your role in it. It explains the significance of governmental institutions, the historical development of procedures as well as who governs in U.S. politics and to what ends. Up-to-date coverage includes changes in the Trump and Biden administrations, results of the 2022 elections, government response to the COVID-19 crisis, protests sparked by the death of George Floyd, the media's role in politics, political polarization, climate change, income inequality, recent Supreme Court decisions, affirmative action and more. Numerous features throughout help maximize your study time, while Infuse and MindTap provide you with a wealth of anywhere, anytime digital learning tools.
This book examines the U.S. Constitution by focusing on its origins in Western political thought and its organization and subsequent amendments. It describes the document as a series of choices among alternative governmental institutions that are designed to provide national security and secure ordered liberty.
The purpose of this book is to bring your conscious mind a Revelation. The Truth is that you are the Spirit that inhabits your form. My story will acquaint you with Agape love exploits in a life of young and intelligent people. They each have a mission and an agenda to live their lifestyle. To make it explicitly different the woman subject is a witch and the male is by the Holy Spirit protected. A county is in need to expending their infrastructure. A large acquisition of Office space and facilities is contracted out to provide municipal buildings and entrance roads. An embezzlement episode is part of the contractual agenda. This will make the county more suitable to provide services to the people |
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