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Books > Social sciences > Politics & government > Political structure & processes > Constitution, government & the state
This book offers a work in which the author seeks to relay a treatise of his observations of life in the United States from the point of view of a first-generation immigrant. The text explores his observations on such facets of American life as politics, welfare reforms, family values, labor practices, education and other issues in the civil society.
The linkage of development aid to the promotion of human rights, democracy and good governancewas a striking departure in the post-cold war foreign policies of Northern "donor" governments. Uniquely, this book provides a systematic and comparative investigation of policies and practices in the 1990s to promote political reform in Southern '"ecipient'"countries by four donors, the governments of Sweden, the United Kingdom and the United States, plus the European Union.The use of both carrot and stick ( that is democracy assistance and aid sanctions) is examined andsharp criticism of current practice offered.
For too long, the American constitutional tradition has been defined solely by the U.S. Constitution drafted in 1787. Yet constitutional debates at the state level open a window on how Americans, in different places and at different times, have chosen to govern themselves. From New Hampshire in 1776 to Louisiana in 1992, state constitutional conventions have served not only as instruments of democracy but also as forums for revising federal principles and institutions. In "The American State Constitutional Tradition," John Dinan shows that state constitutions are much more than mere echoes of the federal document. The first comprehensive study of all 114 state constitutional conventions for which there are recorded debates, his book shows that state constitutional debates in many ways better reflect the accumulated wisdom of American constitution-makers than do the more traditional studies of the federal constitution. Wielding extraordinary command over a mass of historical detail, Dinan clarifies the alternatives considered by state constitution makers and the reasons for the adoption or rejection of various governing principles and institutions. Among other things, he shows that the states are nearly universal in their rejection of the rigid federal model of the constitutional amendment process, favoring more flexible procedures for constitutional change; they often grant citizens greater direct participation in law-making; they have debated and at times rejected the value of bicameralism; and they have altered the veto powers of both the executive and judicial branches. Dinan also shows that, while the Founders favored a minimalist design and focused exclusively on protecting individuals from government action, state constitution makers have often adopted more detailed constitutions, sometimes specifying positive rights that depend on government action for their enforcement. Moreover, unlike the federal constitution, state constitutions often contain provisions dedicated to the formation of citizen character, ranging from compulsory schooling to the regulation of gambling or liquor.
Since the beginning of the European Community students of international politics and of international, resp. Constitutional law, have been wondering what kind of animal it is, and will be, once integration has been completed. Whereas the EC Treaty of 1957 stressed the economic aspects and envisioned a steady and dynamic progress towards a Single Market, it was conspicuously silent about the political implications of integration and the new democratic order. What is needed, so the author argues in this powerful and original contribution to the debate on democratisation of the European Union, is a flexible system that supplements the European decision-making process with various direct democratic instruments such as the use of referenda. These would serve to increase the accountability of the politicians without demanding or requiring a definitive resolution of the exact constitutional status of the Union.
With quiet eloquence, Lane Sunderland argues that we must reclaim the fundamental principles of the Constitution if we are to restore democratic government to its proper role in American life. For far too long, he contends, the popular will has been held in check by an overly powerful Supreme Court using non-constitutional principles to make policy and promote its own political agendas. His work shows why this has diminished American democracy and what we can do to revive it. Sunderland presents a strong, thoughtful challenge to the constitutional theories promoted by Ronald Dworkin, Archibald Cox, Richard Epstein, Michael Perry, John Hart Ely, Robert Bork, Philip Kurland, Laurence Tribe, Mark Tushnet, and Catharine MacKinnon--an enormously diverse group united by an apparent belief in judicial supremacy. Their theories, he demonstrates, undermine the democratic foundations of the Constitution and the power of the majority to resolve for itself important questions of justice. Central to this enterprise is Sunderland's reconsideration of The Federalist as the first, most reliable, and most profound commentary on the Constitution. "The Federalist," he states, "is crucial because it explains the underlying theory of the Constitution as a whole, a theory that gives meaning to its particular provisions." In addition, Sunderland reexamines the Declaration of Independence and the work of Hobbes, Locke, and Montesquieu, in order to better define the nature and limits of their influence on the Framers. His reading of these works in conjunction with The Federalist shows just how far afield contemporary commentators have strayed. Sunderland deliberately echoes and amplifies Madison's wisdom in Federalist No. 10 that the object of the Constitution is "to secure the public good and private rights . . . and at the same time to preserve the spirit and form of popular government." To attain that object, he persuasively argues, requires that the judiciary acknowledge and enforce the constitutional limitations upon its own powers. In an era loudly proclaiming the return of popular government, majority rule, and the "will of the people," that argument is especially relevant and appealing.
Fictive Theories is a significant and innovative intervention in key debates in political theory concerning the ways theory should be philosophically grounded, and the task that political theory should set itself. Susan McManus argues that political theory has been grounded in controlling fictions (from fictions of human nature, to morals laws) that function to close possibility. Starting by interrogating the often hidden work of fictions in political theories, she argues that all theorizing is a form of world-creating. Rather than hiding the fictions at work in political theory, McManus argues that theory should become self-consciously fictive, and that there are political and ethical advantages to so doing. She then develops a uniquely deconstructive and utopian understanding of the project of political theory grounded in the 'fictive': a creative and future-oriented imagination. Rather than seeking to provide blueprints of how a polity should be organized, fictive theories seek to fabricate futures through the anticipatory articulation of possibility. Drawing on a rich range of thinkers from the traditions of political theory (Hobbes, Rousseau, Kant), deconstructive theory (Roland Barthes, Jacques Derrida) and utopian studies (Ernst Bloch), this book will be of interest to researchers, teachers and students in the fields of political theory, utopian studies, literary theory and cultural studies.
What is the President, Congress, and the Supreme Court really allowed to do? This unique and handy guide includes the documents that guide our government, annotated with accessible explanations from one of America's most esteemed constitutional scholars. Known across the country for his appearance on The Daily Show with Jon Stewart, Professor Richard Beeman is one of the nation's foremost experts on the United States Constitution. In this book, he has produced what every American should have: a compact, fully annotated copy of the Declaration of Independence, the Constitution and amendments, all in their entirety. A marvel of accessibility and erudition, the guide also features a history of the making of the Constitution with excerpts from The Federalist Papers and a look at crucial Supreme Court cases that reminds us that the meaning of many of the specific provisions of the Constitution has changed over time. "Excellent . . . valuable and judicious." -Jill Lepore, The New Yorker
In The Cost of Winning, Michael H. Cosgrove describes how the United States used economic policies to contain the Soviet Union during the post-World War n era and how those policies turned a vibrant American economy into one of broken promises and declining power. Cosgrove defines and examines the five economic building blocks used to contain the Soviets in America's Golden Age: the Marshall Plan, free trade, federal income tax policy, the American defense umbrella, and plentiful and cheap oil from the Middle East. He explains how policies supporting these building blocks allowed U.S. taxpayers to both contain the Soviets and enjoy a rapidly rising standard of living. America's economic superstate began to crumble, however, with President Nixon's August 1971 decision to abandon the gold quasi-standard and Saudi Arabia's 1973 decision to cut oil shipments to America. Lean years for the American economy set in. When the American economy could no longer deliver the American dream, entitlements were increased in an attempt to fill the gap between expectations and what the private sector could provide. Since the early 1970s, real purchasing power has been steadily eroding for approximately 75 million private sector workers. The American dream that a good education would lead to a decent job and a rising standard of living in a safe neighborhood has been dashed. Violent crime in America increases while expenditures on public safety rapidly increase. Will America be the first world power to reverse its relative decline? Cosgrove maintains that Congress must initiate the upward process by restructuring itself. Rather than meeting in Washington, D.C., Congress should meet a maximum three to four months per year at a different site each year to achieve "American revitalization." Cosgrove's solutions to the problems of crime include law enforcement through use of bounty hunters to identify and capture alleged criminals, and to establish a fixed penalty system for violent crimes to make costs of committing crime clearer to everyone. Certain to be controversial, this intriguing examination of the state of affairs in the United States, and the author's recommended policies will be compelling reading for sociologists, policymakers, economists, and scholars with an interest in applied public policy for the long haul.
This collection examines the transformation of the modern Western state in an age of accelerated globalization. Arguing that the state experienced a 'golden age' in the 1960s and 1970s, the contributors explore how and why this configuration of the state is under pressure in the 21st century. State functions are increasingly privatized or internationalized indicating a shift to a 'post-national' state and the book traces these tranformations through fields as diverse as taxation, transnational business law, internet governance and education policy.
Democratic government has now been entrenched in Poland. An increasingly significant European actor, Poland presents problematic but also stimulating challenges to new NATO and EU associates. This authoritative overview examines in depth the constitutional and governmental framework in Poland since 1989 and its central political institutions, mechanisms, and actors. Sanford demonstrates how the governmental system evolved pragmatically during the 1990s to cope with modernization and consolidated viable independent statehood consensually around Poland's hardy constitutional values.
Can policy makers achieve national security goals through economic tools? Can state conflicts be fought out in economic battlefields? How do you stabilize and rebuild a country recently defeated in military combat? Can security aims be accomplished using economic policy tools--tools short of military action? National security questions are fundamentally economic. National governments have at their disposal many economic instruments used for national security such as economic sanctions and foreign aid, international trade, international finance and efforts to attack the sources of funding for international terrorism. This book examines the economic policies at available to a head of state and addresses how best to measure the success of these tools. Detailed case studies throughout the book allow readers to understand the decision-making process and how to craft policies designed to influence specific outcomes. The book surveys policies currently used as well as those that may not be appreciated for their national security application. The first part of the book gives an overview of basic analytical tools. It examines microeconomics applied to international "actors": autocrats and leaders in democracies. The second part looks at the "arsenal" of economic tools: sanctions, aid, finance, trade, courts, etc. Case studies are examined to provide a way forward in tackling the war on terrorism.
Jimmy Carter was an unexpected president. The first Southerner since the Civil War to gain the office, he had pursued the presidency at the grass roots as an outsider. A president who sought to run a government as good as the American people, Carter soon found himself embroiled in system overload as he worked for a domestic agenda to increase park lands, made the federal judiciary accessible to more women and minorities, to better manage the civil service, to devise a rational long-range policy of energy consumption and conservation, and to keep the deficit under control. Deadlock with Congress, special interests, and, ultimately, caught up in the Iran hostage crisis, the outsider president saw many of his programs defeated and himself voted out of office. With a stellar cast of political figures, headed by President and Mrs. Carter, and with leading scholars of the period, this volume is a major document for a better understanding of the period and the development of the presidency.
Is man truly the measure of all things? If so, then perhaps that very premise accounts for our nation's constitutional ills. In a wide-ranging study based on legal history, political theory, and philosophical concepts going all the way back to Plato, Robert Clinton seeks to challenge current faith in an activist judiciary. Claiming that a human-centered Constitution leads to government by reductive moral theory and illegitimate judicial review, he advocates a return to traditional jurisprudence and a God-centered Constitution grounded in English common law and its precedents. Building upon his widely-discussed work Marbury v. Madison and Judicial Review, in which he urged the need for greater judicial accountability, Clinton reviews the transformation of legal traditions through the "Marbury Myth" and advocates a jurisprudence that would constrain capricious judicial interpretation by re-establishing traditional methods of legal analysis and rules of precedent. He seeks to ground constitutional theory in common law reasoning, and to ground common law reasoning in a naturalistic jurisprudence-conceived along Thomistic lines--that presupposes a transcendent source of legal order in the world. Clinton argues that his proposed reorientation is superior to today's most influential approaches to constitutional interpretation, particularly academic moralism and subjective intentionalism. His account of the doctrine of original intention particularly helps to clarify an issue that has until now received much political attention but little scholarly analysis that is not already associated with these prevailing approaches. "God and Man in the Law" joins a literature that stands at the intersection of political science and the study of law and will enlighten scholars who study constitutional matters in both fields. By focusing on the relation between judicial review and constitutional interpretation, it challenges judges to reclaim the traditions of the past for the sake of democracy's future.
This book offers a comprehensive overview of the role of parliamentary administrations in the control of European Union policy-making. It questions whether the decision to give parliaments greater powers in the aftermath of the Lisbon Treaty had only the intended effect of political debate on European policies, or whether it has also resulted in the bureaucratisation of parliaments. The authors argue that the challenges of information-management faced by parliaments lead them to delegate an extensive set of tasks to their administrations. They offer a broad empirical picture, analysing the challenges faced by national parliaments and the role and response of their administrations in the case of the European Parliament, national parliaments and regional parliaments. In addition, the book studies the interaction between different administrations and their contribution to interparliamentary cooperation. It presents a new and different perspective on the challenges and dynamics of multi-level parliamentarism.
Has the presidentialization of British electoral politics now penetrated other institutional and governmental relationships? This book argues it has in respect of the prime ministerial advisory system. The prime minister has become a president in the eyes of the electorate but remains a prime minister according to the constitution. To bridge this gap between their political and constitutional positions prime ministers have been forced to stretch the constitutional rules about advice, and presidentialize their advisory systems.
"A very readable book containing the best arguments thus far
opposing campaign finance reform." "Martin Redish's accomplishment is that he not only has written a strong critique of te proposals to extend governmental regulation of free speech, but he has also given First Amendment defenders a base from which to attack existing restrictions on communication. Money Talks illustrates and upholds why the Founders prohibited Congress from making any law thta abridges the freedom of speech."--"Regulation" Many have argued that soft money and special interests are destroying the American electoral system. And yet the clarion call for campaign finance reform only touches on the more general belief that money and economic power have a disastrous impact on both free expression and American democracy. The nation's primary sources of communication, the argument goes, are increasingly controlled by vast corporate empires whose primary, or even exclusive motive is the maximization of profit. And these conglomerates should simply not be granted the same constitutional protection as, say, an individual protester. And yet neither the expenditure of money for expressive purposes nor an underlying motive of profit maximization detracts from the values fostered by such activity, claims Martin H. Redish. In fact, given the modern economic realities that dictate that effective expression virtually requires the expenditure of capital, any restriction of such capital for expressive purposes will necessarily reduce the sum total of available expression. Further, Redish here illustrates, the underlying motive of those who wish to restrict corporate expression is disagreement with thenature of the views they express. Confronting head-on one of the sacred cows of American reformist politics, Martin H. Redish here once again lives up to his reputation as one of America's most original and counterintuitive legal minds.
"The Decline and Fall of the Supreme Court" examines the contemporary work of the U.S. Supreme Court and the advice and consent role of the Senate with regard to nominees to the Court. After presenting historical background on the intentions of the federalists and 20th-century jurisprudence, the work describes the baleful effects of the recent theory known as legal realism. The author examines the most dramatic of those effects--the polarized, polarizing, and partisan confirmation hearings with which the United States has become familiar--beginning with Abe Fortas and culminating with Robert Bork and Clarence Thomas. This study will be of interest to scholars and laypeople in American history, political science, and law.
Unlike texts that overwhelm with irrelevant details, Kollman gives students a simple framework, consistently applied: politics is about collective dilemmas and the institutions that solve them. How can 535 members of Congress get anything done? The committee system. How can the president change immigration policy? Executive orders. How do we get people to the polls? Voter mobilization strategies. Kollman's concise text gets to the conceptual heart of political science.
Written by a team of leading experts, "The Palgrave Review of British Politics 2006" provides up-to-date coverage of developments in British government and politics. An indispensable reference book, it covers the entire political year and includes chapters on the constitution, government and administration, the law, Parliament, public policy, devolution, foreign policy, relations with the EU, local government, elections and public opinion, the party system, pressure politics, the media and democracy, plus a statistical appendix.
The thesis of this book is that people enter into social contracts because they are different from one another and have incentives to cooperate. In economic life, people have identical interests-namely, their own se- interests-so they have an incentive to compete. The social worlds that we create, or map, and those that are already mapped for us are increasingly complex, and thus the tracking of rationality is not so straightforward, although it is everywhere evident. In a sense, this book grew out of two questions: Why hasn't the United States had a second revolution? Or is the revolution yet to come? Many have discussed the current crises that confront contemporary society, such as great economic inequalities, poverty, the declining quality of jobs, the growing power of corporate elites, and racial antago nisms. I attempt to understand these problems in terms of the radical restructuring of social life by economic and spatial forces. My specula tive thesis is that social organizations must reinforce social contracts and nurture the opportunities for them to be forged. However, contemporary organizations, particularly economic ones, have internalized the princi ples of economic markets, thereby inducing competition and easing out cooperation. In defining social contracts, I draw from Rousseau and also from Marx and his analysis of use value. One hopes that new organiza tional forms based on principles of democracy and community will evolve. In a diverse, multicultural society, this requires great mutual understanding and cooperation and the recognition of differences."
Following the Renaissance, democracy was still considered a dangerous form of government. Democracy was often regarded as a fool's folly and a madman's paradise. The well-wishers of the Republican Government would have fanciful debates in intellectual circles, but paternal monarchies dominated the western and eastern world. Yet in a heroic and herculean way, a group of Anglo-Saxons, who grew up under proud monarchies, rose to dethrone the English Crown and to establish the greatest democracy in history. What theories inspired these men? Why didn't they just simply create an American King? Or better yet, make themselves kings? The answers to these questions lie in the eloquent and exact writings of great American Founders, Presidents, and Enlightened Philosophers such as: James Madison, George Clinton, Edmund Randolph, Thomas Paine, Thomas Jefferson, George Washington, Patrick Henry, John Adams, Alexander Hamilton, Benjamin Rush, John Hancock, John Jay, Cicero, Aristotle, John Locke, Hugo Grotius, John Winthrop, Franklin Roosevelt, Abraham Lincoln, William McKinley, Ronald Reagan and more. Unlike other rulers, American rulers are bound to the law. There is no doubt that the Founding of America is an event of unparalleled greatness. This book allows the reader to share in the dreams and thoughts of these great men, in their own words, and allows the reader to draw informed conclusions that they surmise from reading the primary documents. |
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