Common law is explored as the alternative to natural rights as a means of restricting state power. The separation of powers is weighed in the balance and found wanting as a brake on state power. The underlying root of this inability is discovered in the philosophy of natural rights. Natural rights gave birth to the separation of powers, but neither the former nor the latter has been able to restrain government. This failure is highlighted in detail, and the alternative means to the same end, the common law, is brought to the fore.

America's most original legal invention may be the First Amendment guarantee that ''Congress shall make no law respecting an establishment of religion.'' This constitutional provision rejected the millennium-old Western policy of supporting one form of Christianity in each nation and subjugating all other faiths. It was both original and deeply challenging. The new nation encountered difficulty removing the traditional laws that controlled religious doctrine, liturgy, and church life and that discriminated against unpopular religions, and found it even harder to decide more subtle legal questions that continue to divide Americans today: Did the constitutional prohibition on establishment of religion prohibit governmental support for religion altogether, or did it just bar preferential support for some religions over others? Did it require that government remove Sabbath day, blasphemy, oath-swearing and other laws historically rooted in religion, or could those laws now be justified on grounds of tradition, morality, or utility? Did it mean the removal of all religious texts, symbols, and ceremonies from public documents and government lands, or could a democratic government represent these in ever more inclusive ways? Did the First Amendment Establishment Clause bind only "Congress " or were state and local governments bound, too? This twelve essays of this volume examine the diverse and shifting answers to these questions from the founding era until modern times. They show how the eighteenth-century founders took the first decisive steps toward disestablishment of religion, but with diverse political, theological, and philosophical goals in mind. No Establishment of Religion also shows how America's ongoing battles over religion and education, immigration, polygamy, religious funding, religious exemptions, and more have made the original and evolving understanding of disestablishment of religion a source of perennial cultural and constitutional controversy. The authors of the essays stake out strong and sometimes competing positions on what ''no establishment of religion'' meant to the American founders and what it can and should mean for America today. They represent a wide array of perspectives on the genesis and genius of America's original contribution to religious liberty, exposing the fallacies of viewing America as either a Christian nation bent on perpetuating biblical ideals or a secular nation built with a high and impregnable wall of separation between church and state.

With the people of more than one hundred nations living under totalitarian or authoritarian rule, the promotion of democratic development and democratic institutions is likely to be a complex and difficult endeavor for many decades to come. In this collection of papers, eight experienced practitioners and scholars report and analyze what they have learned regarding practical complexities and difficulties. The opening chapter sets current United States' endeavors at promoting democracy into historical context, describing the American sense of mission regarding the promotion of democracy. A second chapter indicates how different authoritarian regimes require different democratizing approaches. Next, an analysis is presented to the consequences--intended and otherwise--of political aid for donor-recipient relationships. Recent efforts, particularly under Foreign Assistance Act programs, are reviewed and assessed, with special attention to the failures. Four chapters are devoted to the role of labor unions, business associations, agrarian workers' organizations, and various types of cooperatives have played in democracy promotion. A more theoretical chapter identifies the intimate connections between freedom of economic associations, political democracy, and the development of thriving market economies. The concluding chapters report on efforts to bring together a formal association of democracies; on the advantages of separating out nongovernmental from governmental programs of political aid; and on the empirical problems of program design and evaluation in the democracy promotion field.

Since the end of the Second World War and the subsequent success of constitutional judicial review, one particular model of constitutional rights has had remarkable success, first in Europe and now globally. This global model of constitutional rights is characterized by an extremely broad approach to the scope of rights (sometimes referred to as 'rights inflation'), the acceptance of horizontal effect of rights, positive obligations, and increasingly also socio-economic rights, and the use of the doctrines of balancing and proportionality to determine the permissible limitations of rights. Drawing on analyses of a broad range of cases from the UK, the European Court of Human Rights, Germany, Canada, the US, and South Africa, this book provides the first substantive moral, reconstructive theory of the global model. It shows that it is based on a coherent conception of constitutional rights which connects to attractive accounts of judicial review, democracy and the separation of powers. The first part of the book develops a theory of the scope of rights under the global model. It defends the idea of a general right to personal autonomy: a right to everything which, according to the agent's self-conception, is in his or her interest. The function of this right is to acknowledge that every act by a public authority which places a burden on a person's autonomy requires justification. The second part of the book proposes a theory of the structure of this justification which offers original and useful accounts of the important doctrines of balancing and proportionality.

These are the proceedings of the 2nd Krefeld Historical Symposium of 1987 - a meeting of 34 distinguished historians to compare the constitutional history of Germany and the USA. Interdisciplinary in approach - an encounter between legal historians and those specializing in political and social history - the emphasis is on concrete historical realities of constitutional thought in both countries. Dissimilarities between the countries are highlighted in addition to ascertaining factors common to both, to explain why their respective developments diverged. There are 12 papers included, two from each of the six sessions, published here in the original German.

This book is the first comprehensive analysis of the politics behind the use of mandates requiring state and local governments to implement federal policy.

Over the last twenty-five years, during both liberal and conservative eras, federal mandates have emerged as a resilient tool for advancing the interests of both political parties. Revealing the politics that led to the policies, Paul L. Posner explores the origins of these congressional mandates, what interests and needs they satisfy, whether mandate reform initiatives can be expected to alter their use, and their implications for federalism.

This book reveals how mandates have changed the way policy is formed in the United States and the fundamental relationship between the federal government and the state and local governments.

Author Marshall S. Shapo presents the argument that the body of law Americans have developed concerning responsibility for injuries and prevention of injuries has some of the qualities of a constitution--a fundamental set of principles that govern relations among people and between people and corporate and governmental institutions. This 'injury law constitution' includes tort law, legislative compensation systems like workers compensation, and the many statutes that regulate the safety of risky activities and of products ranging from drugs and medical devices to automobiles and cigarettes. An Injury Law Constitution presents a novel thesis that embraces leading features of the American law of injuries. Professor Shapo's analysis, into which he weaves the history of these varied systems of law, links them to the unique compensation plan devised for the victims of the September 11th attacks on the World Trade Center. Professor Shapo examines how our injury law reflects deeply held views in American society on risk and injury, indicating how the injury law constitution serves as a guide to the question of what it means to be an American. Refusing to accept easy academic formulas, An Injury Law Constitution captures the reality of how people respond to injury risks in functional contexts involving diverse activities and products.

In recent years a series of scandals have challenged the traditional political reliance on public constitutional law and human rights as a safeguard of human well-being. Multinational corporations have violated human rights; private intermediaries in the internet have threatened freedom of opinion, and the global capital markets unleashed catastrophic risks. All of these phenomena call for a response from traditional constitutionalism. Yet it is outside the limits of the nation-state in transnational politics and outside institutionalized politics, in the 'private' sectors of global society that these constitutional problems arise. It is widely accepted that there is a crisis in traditional constitutionalism caused by transnationalization and privatization. How the crisis can be overcome is one of the major controversies of modern political and constitutional theory. This book sets out an answer to that problem. It argues that the obstinate state-and-politics-centricity of traditional constitutionalism needs to be counteracted by a sociological approach which, so far, has remained neglected in the constitutional debate. Constitutional sociology projects the questions of constitutionalism not only onto the relationship between public politics and law, but onto the whole society. It argues that constitutionalism has the potential to counteract the expansionist tendencies of social systems outside the state world, particularly of the globalized economy, science and technology, and the information media, when they endanger individual or institutional autonomy. The book identifies transnational regimes, particularly in the private area, as the new constitutional subjects in a global society, rivals to the order and power of nation states. It presents a model of transnational, societal constitutional fragments that could bring the values of constitutionalism to bear on these private networks, examining the potential horizontal application of human rights in the private sphere, and how such fragments could interact. An original and provocative contribution to the literature on modern constitutionalism, Constitutional Fragments is essential reading for all those engaged in transnational political theory.

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.

Whether America was founded as a Christian nation or as a secular republic is one of the most fiercely debated questions in American history. Historians Matthew Harris and Thomas Kidd offer an authoritative examination of the essential documents needed to understand this debate. The texts included in this volume - writings and speeches from both well-known and obscure early American thinkers - show that religion played a prominent yet fractious role in the era of the American Revolution.
In their personal beliefs, the Founders ranged from profound skeptics like Thomas Paine to traditional Christians like Patrick Henry. Nevertheless, most of the Founding Fathers rallied around certain crucial religious principles, including the idea that people were "created" equal, the belief that religious freedom required the disestablishment of state-backed denominations, the necessity of virtue in a republic, and the role of Providence in guiding the affairs of nations. Harris and Kidd show that through the struggles of war and the framing of the Constitution, Americans sought to reconcile their dedication to religious vitality with their commitment to religious freedom.

On any given day in Jordan, more than nine million residents eat approximately ten million loaves of khubz 'arabi-the slightly leavened flatbread known to many as pita. Some rely on this bread to avoid starvation; for others it is a customary pleasure. Yet despite its ubiquity in accounts of Middle East politics and society, rarely do we consider how bread is prepared, consumed, discussed, and circulated-and what this all represents. With this book, Jose Ciro Martinez examines khubz 'arabi to unpack the effects of the welfare program that ensures its widespread availability. Drawing on more than a year working as a baker in Amman, Martinez probes the practices that underpin subsidized bread. Following bakers and bureaucrats, he offers an immersive examination of social welfare provision. Martinez argues that the state is best understood as the product of routine practices and actions, through which it becomes a stable truth in the lives of citizens. States of Subsistence not only describes logics of rule in contemporary Jordan-and the place of bread within them-but also unpacks how the state endures through forms, sensations, and practices amid the seemingly unglamorous and unspectacular day-to-day.

The House of Lords served as the highest court in the UK for over 130 years. In 2009 the new UK Supreme Court took over its judicial functions, closing the doors on one of the most influential legal institutions in the world, and a major chapter in the history of the UK legal system. This volume gathers over 40 leading scholars and practitioners from the UK and beyond to provide a comprehensive history of the House of Lords as a judicial institution, charting its role, working practices, reputation and impact on the law and UK legal system. The book examines the origins of the House's judicial work; the different phases in the court's history; the international reputation and influence of the House in the legal profession; the domestic perception of the House outside the law; and the impact of the House on the UK legal tradition and substantive law. The book offers an invaluable overview of the Judicial House of Lords and a major historical record for the UK legal system now that it has passed into the next chapter in its history.

Pay-to-Play Politics examines money and politics from different angles to understand a central paradox of American democracy: why, when the public and politicians decry money as the worst aspect of American politics, are there so few signs of change? Everyone from Hillary Clinton to Bernie Sanders to Ted Cruz complains about the corrupting role of money and politics, but money is the lifeblood of their political survival. The public, too, deplores big money politics, despite regularly reelecting the richest candidates for office. The purpose of this book is to reconcile how—against many people's wishes—the connection between money and politics has come to define American democracy. Examining the issue from the perspective of the public, the courts, big business, Congress, and the presidency, Heath Brown argues that money can often be harmful to the political process, but not always in ways we expect or in ways we can directly observe. More money does not necessarily guarantee electoral, legislative, or executive victories, but money does greatly change political access, opportunity, and trust. Without a nuanced understanding of the nature of the problem, future reforms will be misguided and fruitless. Pay-to-Play Politics concludes by making concrete recommendations for reform, including feasible ways to reach bipartisan consensus.

The people who run our government are affected by money just like the rest of us. Over the years, many of these officials have worried about meeting mortgage payments, holding off creditors, and avoiding bankruptcy. Others made fortunes by devoting their time to supervising their business interests. Either way, these distractions affected the lives of everyday citizens--from the price of shirts to the decisions for war or peace. In school, students are taught about governmental principles underlying political controversies, but instructors seldom talk about money that presidents and cabinet members stood to gain or lose, depending on who prevailed in a political dispute. This book will help fill the gaps in that knowledge. To ignore the business activities of our leaders is to ignore most of their adult lives. Having such awareness allows voters to see motivations in government decisions that may otherwise be obscure. Concentrating on presidents and cabinet members, from the birth of the U.S. through the Carter administration, this book tells how they and their associates gained and lost wealth, and how this affected their nation's well-being.

The Texas State Constitution provides an outstanding constitutional and historical account of the state's governing charter. In addition to an overview of Texas' constitutional history, this volume provides an in-depth, section-by-section analysis of the entire constitution, detailing the many significant changes that have been made since its initial drafting. This treatment, along with a table of cases, index, and bibliography provides an unsurpassed reference guide for students, scholars, and practitioners of Texas' constitution. Previously published by Greenwood, this title has been brought back in to circulation by Oxford University Press with new verve. Re-printed with standardization of content organization in order to facilitate research across the series, this title, as with all titles in the series, is set to join the dynamic revision cycle of The Oxford Commentarieson the State Constitutions of the United States.
The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research.
Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.

The Nebraska Constitution is one of the oldest state constitutions in America. Much of the original document has remained the same since it was first drafted in 1875, yet there have been many innovative developments to the constitution throughout its history. The Nebraska State Constitution is the first modern comprehensive reference to the state's constitution. In it, authors Robert D. Miewald and Peter J. Longo provide a detailed account of Nebraska's political history, and describe in detail debates over major political issues. Previously published by Greenwood, this title has been brought back in to circulation by Oxford University Press with new verve. Re-printed with standardization of content organization in order to facilitate research across the series, this title, as with all titles in the series, is set to join the dynamic revision cycle of The Oxford Commentaries onthe State Constitutions of the United States.
The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research.
Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.

In The Utah State Constitution, Jean Bickmore White offers a comprehensive review of the unique historical background and the 100-year development of the Utah State Constitution. First drafted in 1896, at the beginning of Utah's statehood, the original constitution survived until the early 1970s with little change. Since that time there has been a wave of constitutional reform that has produced change in virtually every article. This reference guide shows these changes section-by-section and explores their purpose and meaning. This book will be of interest to readers seeking information about the law, politics, and history of Utah.
Previously published by Greenwood, this title has been brought back in to circulation by Oxford University Press with new verve. Re-printed with standardization of content organization in order to facilitate research across the series, this title, as with all titles in the series, is set to join the dynamic revision cycle of The Oxford Commentaries on the State Constitutions of the United States.

The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research.
Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.

The Michigan State Constitution provides an outstanding constitutional and historical account of the state's governing charter. In addition to an overview of Michigan's constitutional history, it provides an in-depth, section-by-section analysis of the entire constitution, detailing important changes that have been made since its drafting. This treatment, along with a list of cases, index, and bibliography provides an unsurpassed reference guide for students, scholars, and practitioners of Michigan's constitution. Previously published by Greenwood, this title has been brought back in to circulation by Oxford University Press with new verve. Re-printed with standardization of content organization in order to facilitate research across the series, this title, as with all titles in the series, is set to join the dynamic revision cycle of The Oxford Commentaries on the StateConstitutions of the United States.
The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research.
Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.

Tennesseans pioneered innovations in self-government beginning in 1772, and they have continued to do so since the enactment of their first formal constitution in 1796. Over time, Tennessee has adopted, abolished, and changed it's constitution as political and social needs demanded and allowed.
In The Tennessee State Constitution, Lewis L. Laska provides a comprehensive introduction to Tennessee's constitution including a history of its development beginning in the 1700s, article-by-article commentary on the constitution itself, and an extensive bibliography of Tennessee constitutional history. This essential guide to the Tennessee constitution also presents valuable commentary on the constitution's preamble and 11 articles including the declaration of rights, the distribution of powers, the executive department, elections, impeachments, the judicial department, state and county officers, militia, disqualification, oaths, bribery of electors, new counties, and miscellaneous provisions.
Also included are an annotated bibliography of Tennessee constitutional history including references to pre-statehood compacts, the constitutions of 1796 and 1835, the Civil War, Reconstruction and the 1865 amendments, the constitution of 1870, attempted constitutional reform, and five constitutional conventions from 1953 to 1977. A table of cases completes this unsurpassed reference guide that will be referred to and relied upon by constitutional scholars and students as well as legal historians. Previously published by Greenwood, this title has been brought back in to circulation by Oxford University Press with new verve. Re-printed with standardization of content organization in order to facilitate research across the series, this title, as with all titles in the series, is set to join the dynamic revision cycle of The Oxford Commentaries on the StateConstitutions of the United States.
The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research.
Under the expert editorship ofProfessor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.

In The Louisiana State Constitution, Lee Hargrave provides a compehensive history and provision-by-provision commentary of the state's current constitution. Descriptive analysis provides readers with important information about the origins of the constitutional provisions, as well as ways in which the courts and other governmental bodies have interpreted them. Previously published by Greenwood, this title has been brought back in to circulation by Oxford University Press with new verve. Re-printed with standardization of content organization in order to facilitate research across the series, this title, as with all titles in the series, is set to join the dynamic revision cycle of The Oxford Commentaries on the State Constitutions of the United States.
The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research.
Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.

The Delaware state constitution is the first state constitution drafted by a convention composed of popularly elected representatives, and it is rich with history and tradition. The Delaware Bill of Rights has remained almost exactly the same since 1792, and it has enacted specific provisions whereby its three branches of government operate differently from the federal system.
The Delaware State Constitution provides an outstanding constitutional and historical account of the state's basic governing charter. In it, Judge Randy Holland begins with an overview of Delaware's constitutional history. He then provides an in-depth, section-by-section analysis of the entire constitution, detailing important changes that have been made over the years. Justice Holland's learned treatment, along with the list of cases, index, and bibliography, makes this guide indispensable for students, scholars, and practitioners of Delaware's constitution. Previously published by Greenwood, this title has been brought back in to circulation by Oxford University Press with new verve. Re-printed with standardization of content organization in order to facilitate research across the series, this title, as with all titles in the series, is set to join the dynamic revision cycle of The Oxford Commentaries on the State Constitutions of the United States.
The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research.
Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.