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Books > Social sciences > Politics & government > Political structure & processes > Constitution, government & the state
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.
"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.
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.
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.
The right to private property remains a compelling topic within American government, constitutional law, and both political and legal philosophy. Constitutional constraints and allowances regarding private property lead to the use - and sometimes abuse - of law in terms of ownership, individual liberty, and the needs of the state. With state and federal statutes allowing for vast oversight of private property, concerns over the proper use of authority abound on domestic and national levels. In Private Property and the Constitution, James L. Huffman outlines instances where police power, eminent domain law, and property rights have clashed in the courts. Addressing contemporary court cases, federal and state statutes, and the philosophical underpinnings of economic liberties, Huffman provides a careful analysis of private property rights within the framework of the Constitution - detailing how government interacts with public rights both successfully and unsuccessfully.
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.
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.
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.
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"
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.
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.
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.
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
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.
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.
This volume--the fifth in a series providing key documents for the constitutional history of the British Empire and Commonwealth from the twelfth century to the twentieth--deals with those dependencies of the Crown where for various reasons it was considered premature to concede fully representative, let alone responsible, government, and also with Ireland where the union with Britain made in 1800 was coming under increasing strain. It covers the years from 1840 to 1900, in parallel with the companion volume IV which dealt with the four main settler colonies. The documents in this volume illustrate the ways in which Britain attempted to devise forms of government it was thought would be, at least in the short term, more suitable for dependencies which had few British settlers who might successfully operate a representative system--and where the majority of indigenous peoples needed protection against such a minority. There was, however, a desire that such colonies should be as self-governing and self-sufficient as possible, but a commitment to trusteeship operated against any rule-of-thumb concession of the sort of constitutions granted contemporaneously to settler colonies. The first section of this volume focuses on British imperial authority and the means whereby it attempted to exercise supervision over the scattered parts of the dependent empire (the so-called British settlements; protectorates under extra-territorial jurisdiction; the use of chartered companies). India is the subject of the second section: documents are here included illustrating the transfer of power from a chartered company back to the Crown and the hesitant moves toward quasi-representation on the Indian councils. A third section is concerned with the collapse of the old representative system in the West Indian colonies and the experiment with a responsive government in Jamaica. The fourth section shows what happened to the original Crown colonies and to new ones acquired in this period, together with adjacent spheres of influence and protectorates. There is then a section dealing with a group of special cases--the Ionian Islands, Cyprus, and Egypt, while the final section deals with the unique problems of Ireland and the attempts made to devolve a measure of internal self-government on John Bull's other Island to appease growing nationalist and inter-sectarian tensions.
Shows that networks in European integration governance were not a phenomenon that developed in the 1980s out of a 'hollowing out' of the nation-states in the 1970s. Based throughout on newly accessible sources, the authors discuss various networks and show how they contributed to constitutional choices and policy decisions after World War II.
"The Brethren" is the first detailed behind-the-scenes account of the Supreme Court in action. Bob Woodward and Scott Armstrong have pierced its secrecy to give us an unprecedented view of the Chief and Associate Justices -- maneuvering, arguing, politicking, compromising and making decisions that affect every major area of American life.
This text examines the debates and developments about House of Lords reform since 1911, and notes that disagreements have occurred within, as well as between, the main political parties and governments throughout this time. It draws attention to how various proposals for reform have raised a wider range of constitutional and political problems.
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.
Widely heralded as a "masterful" (The Washington Post) and "essential" (Slate) history of the modern American metropolis, Richard Rothstein's The Color of Law offers "the most forceful argument ever published on how federal, state, and local governments gave rise to and reinforced neighborhood segregation" (William Julius Wilson). Exploding the myth of de facto segregation arising from private prejudice or the unintended consequences of economic forces, Rothstein describes how the American government systematically imposed residential segregation: with undisguised racial zoning; public housing that purposefully segregated previously mixed communities; subsidies for builders to create whites-only suburbs; tax exemptions for institutions that enforced segregation; and support for violent resistance to African Americans in white areas. A ground-breaking, "virtually indispensable" (Chicago Daily Observer) study that has already transformed our understanding of twentieth-century urban history, The Color of Law is forcing Americans to face the obligation to remedy their unconstitutional past. * A The New York Times bestseller |
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