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Books > Social sciences > Politics & government > Political structure & processes > Constitution, government & the state
This timely and important new work takes a critical look at government in the American states and illustrates the disconnect between state government institutions and their constituents. The text illuminates three basic political problems of state governments: weak constitutional and institutional foundations; a lack of civic engagement; and long histories of unchecked public corruption. In addition, the book explains why some states did and others did not respond promptly to the COVID-19 pandemic and examines America's long-standing problem of police and prosecutorial misconduct-providing a context for understanding the demonstrations and protests that rocked American cities in the summer of 2020. For students and citizens of state politics, the book concludes with a proposal aimed at civic literacy and action
Taking into account the political and intellectual forces that shape Supreme Court decisions, Constitutional Debate in Action examines how and why the U.S. Constitution continues to grow and adapt to human wants, passions, and values. Not your traditional constitutional-law textbook, this three-volume set views the Constitution as an institutionalized form of debate by which people press their political demands and arguments upon the Supreme Court. This process-oriented approach goes beyond a straightforward examination of how the decisions of Supreme Court justices have transformed constitutional doctrine through the ages; it explores the actual process of adjudication itself. Each case study covers the legal and political background; including relevant out-of-court discussions, to help students understand the political framework in which the Supreme Court operates. Actual legal briefs filed in landmark cases, and corresponding oral arguments before the Supreme Court, provide students with a front-row seat to the process of constitutional argumentation. As they evaluate the opposing viewpoints, students are better equipped to evaluate critically final Supreme Court decisions and opinions. In addition, students gain a valuable perspective on the role of the Supreme Court in our constitutional democracy. Each volume examines in-depth key landmark decisions. Governmental Powers covers: The Power of Judicial Review:Marbury v. Madison, The Commerce Power:NLRB v. Jones & Laughlin Steel Corp , The War Power:Korematsu v. United States, Presidential Emergency Powers:Youngstown Sheet & Tube Co. v. Sawyer, and Executive Privilege:United States v. Nixon.
While providing an analysis of Ottoman-Turkish constitutional developments since the first constitution of 1876, this book focuses on the present constitutional system of Turkey based on the Constitution of 1982. This Constitution, a product of the military regime of 1980-1983, strongly reflects the authoritarian, statist and tutelary mentality of its military founders, as well as their deep distrust for civilian politics. Even after sixteen liberalizing amendments since 1987, it has not been possible to completely liquidate this illiberal spirit, hence Turkey's need for a totally new, liberal, and fully democratic constitution. The author analyzes in detail the search for such a constitution and the current constitutional debates.
This collection documents, analyses, and reflects on the Icelandic constitutional reform between 2009 and 2017. It offers a unique insight into this process by providing first-hand accounts of its different stages and core issues. Its 12 substantive chapters are written by the main actors in the reform, including the Chair of the Constitutional Council that drafted the 2011 Proposal for a New Constitution. Part I opens with an address by the President of the Republic and positions the constitutional reform in its full complexity and longer-term perspective, going beyond the frequent portrayal of that process in international discussion as being solely a result of the 2008 financial crisis. Part II offers a nuanced and contextualised reflection on Iceland's innovative approach to consultation and drafting involving lay participants, including its twenty-first-century digital take on 'the people,' which attracted international attention as 'crowdsourcing.' Part III analyses the main constitutional amendment proposals, and focuses on natural resources and environmental protection, which lie at the heart of Iceland's identity. The final part reflects on the reform's wider significance and includes an interview with the current Prime Minister, who is now taking the reform forward. The volume provides a basis for reflection on a groundbreaking constitutional reform in a democratic context. This long and complex process has challenged and transformed the ways in which constitutional change can be approached, and the collection is an invitation to discuss further the practical and theoretical dimensions of Iceland's experience and their far-reaching implications.
"Moscow in Movement" is the first exhaustive study of social
movements, protest, and the state-society relationship in Vladimir
Putin's Russia. Beginning in 2005 and running through the summer of
2013, the book traces the evolution of the relationship between
citizens and their state through a series of in-depth case studies,
explaining how Russians mobilized to defend human and civil rights,
the environment, and individual and group interests: a process that
culminated in the dramatic election protests of 2011-2012 and their
aftermath. To understand where this surprising mobilization came
from, and what it might mean for Russia's political future, the
author looks beyond blanket arguments about the impact of low
levels of trust, the weight of the Soviet legacy, or authoritarian
repression, and finds an active and boisterous citizenry that
nevertheless struggles to gain traction against a ruling elite that
would prefer to ignore them.
Ask the average American who takes over in the event something happens to the President of the United States, and you're likely to receive the correct answer. However, what about succession beyond the vice presidency? Fortunately, our nation has an established line of presidential succession that is meant to ensure continuity in the nation's highest office. Unfortunately, there are several fundamental flaws in the model. This work begins by examining the fascinating history of presidential disability and succession, an issue that has impacted our nation's highest office since the very beginning. After highlighting the reoccurring nature of this problem, it then provides an analysis of the alarming state of our current disability and succession guidelines, many of which are dangerously outdated, especially when it comes to the threat of terrorism. It then explores these flaws, specifically the glaring problems associated with including members of Congress in the line of succession. Along with questions concerning suitability and preparedness, statistics detailing the partisan composition of Congress over the last half-century illustrate that a sudden shift in party control of the presidency is not only possible, but likely. Finally, it concludes by highlighting an inherent flaw in a line of succession in which every member is located in one small area that happens to be the most attractive target for a would-be terrorist. While the issues explored in this work have been present for more than a half-century, the combination of an increased partisan divide between the executive and legislative branches, as well as the dangers of terrorist attack, combine to require immediate action. Just as the average American may be surprised to discover the Speaker of the House stands second in the line of succession, they would likely be shocked at the potential for chaos and confusion that could unfold in a battle for the presidency. Therefore, it is vitally important to address these concerns now, before they play out in front of a national audience.
Despite the importance of second chambers to the success of constitutional democracies around the world, today many fundamental questions about bicameralism remain understudied and undertheorized. What makes bicameral reform so difficult? Why choose bicameralism over unicameralism? What are the constitutional values of bicameralism? This innovative book addresses these questions and many more from comparative, doctrinal, empirical, historical and theoretical perspectives. Featuring contributions from leading and emerging scholars in the field, this book provides a timely account of the tensions between bicameralism and its reform, demonstrating for the first time how this relates to the protection of liberal democracy and the rule of law. Contributors analyse the pressures that contemporary constitutional politics exert on bicameralism in an array of countries and legal systems, including the complex relationships between the EU and national second chambers. Scholars and students of comparative and constitutional law, legislative studies and political science will find this book an invaluable resource. Policymakers at national and EU levels, parliamentarians and others working closely with parliamentary institutions will also find it insightful.
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 Crown and Constitutional Reform is an innovative, interdisciplinary exchange between experts in law, anthropology and politics about the Crown, constitutional monarchy and the potential for constitutional reform in Commonwealth common law countries. The constitutional foundation of many Commonwealth countries is the Crown, an icon of ultimate authority, at once familiar yet curiously enigmatic. Is it a conceptual placeholder for the state, a symbol of sovereignty or does its ambiguity make it a shapeshifter, a legal fiction that can be deployed as an expedient mask for executive power and convenient instrument for undermining democratic accountability? This volume offers a novel, interdisciplinary exchange: the contributors analyse how the Crown operates in the United Kingdom and the postcolonial settler societies of Canada, Australia, and New Zealand. In doing so, they examine fundamental theoretical questions about statehood, sovereignty, constitutionalism and postcolonial reconciliation. As Queen Elizabeth II's long reign approaches its end, questions about the Crown's future, its changing forms and meanings, the continuing value of constitutional monarchy and its potential for reform, gain fresh urgency. The chapters in this book were originally published in a special issue of The Round Table: The Commonwealth Journal of International Affairs.
Political inequality is a major issue in American politics, with racial minorities and low-income voters receiving less favorable representation. Scholars argue that this political inequality stems largely from differences in political participation and that if all citizens participated equally we would achieve political equality. Daniel M. Butler shows that this common view is incorrect. He uses innovative field and survey experiments involving public officials to show that a significant amount of bias in representation traces its roots to the information, opinions, and attitudes that politicians bring to office and suggests that even if all voters participated equally, there would still be significant levels of bias in American politics because of differences in elite participation. Butler's work provides a new theoretical basis for understanding inequality in American politics and insights into what institutional changes can be used to fix the problem.
Laurence Pope describes the contemporary dysfunction of the State Department and its Foreign Service. He contends that in the information age diplomacy is more important than ever, and that, as President Obama has stressed, without a "change of thinking" the U.S. may be drawn into more wars it does not need to fight.
Sovereignty is among the most important phenomena for making sense of political life. But there are many mistaken assumptions associated with the concept. This book provides a new and somewhat unorthodox interpretation of it from the standpoint of a theory of practice. The Sovereign responds to pressing political issues of our time, like immigration and refugees, transnationalism and populism, the prospects for democracy, and the relationship between civil society and the state. The chapters trace the concept of sovereignty from its origins in political theory, providing perspective and insights that leave the reader with a phenomenological sketch of the sovereign. Bronner transforms our ideas about political power, what it is, how it has been used, and how it can be used. His new theory of sovereignty concludes with twenty-five provocative theses on the sovereign's role in modern capitalist society. The Sovereign is a novel and unparalleled overview of a crucial concept by an influential thinker. It is especially and particularly recommended to scholars and student of comparative politics, international relations, contemporary political theory, and the wider general public.
The constitutional presidency is the crown jewel of the separation of powers in the American system. Designed in 1787, the office was structured to weather a wide variety of political circumstances, accommodate broad ranges of personalities in its incumbents and educate officeholders to become better presidents. Nowhere are these three effects clearer than during the brief, unelected tenure of President Gerald Ford, because he occupied the presidency amid tremendous strains on the country and the separation of powers. After the dual traumas of Watergate and Vietnam, the public was profoundly skeptical of government in general and the presidency in particular. As a result, the post-Watergate Congress claimed the mantle of public support and proposed reforms that could have crippled the presidency's constitutional powers. Weakened by the Nixon pardon, Ford stood alone in this environment without many of the informal political strengths associated with the modern presidency. As a result he had to rely, in large measure, on the formal powers of his constitutional office. Based on archival research, this book shows that Ford's presidency placed the Constitution at the center of his time in office. The constitutional presidency allowed him to preserve his own political life, his presidential office, and the separation of powers amid a turbulent chapter in American history.
This study draws on critical historical analysis and contemporary language theory to illuminate John Marshall's jurisprudence and political philosophy in new ways. It challenges both liberal and conservative views and it defines Marshall's constitutional interpretations, political ideology, and pragmatic interests anew. It shows how his pragmatism and "republican revisionism" impacted decisions about matters of property, contract, and debt. Legal scholars, political scientists, and historians interested in law and language, 19th-century history, and republicanism will find this study especially interesting.
Liberal democracies are predicated on popular sovereignty - the ideal of government for and by the People. Throughout the developed world indigenous peoples continue to deny legitimacy to otherwise popular governments because their consent has never been sought. Using examples from Australia, New Zealand, Canada and the USA, this book tackles the problem of democratic legitimation from the perspective of indigenous peoples, arguing that having suffered conquest, these people cannot be said to consent until conditions for their consent have been realised. These conditions include constitutional change that recognizes indigenous law as the 'law of the land' - a radical proposal going far beyond the current limits of self-determination.
The study of the European Union has historically been a theoretical battleground. Since the 1990s, new theoretical directions such as neo-institutionalism, multi-level governance and constructivism have provided a new impetus. However, despite these new inroads, empirical work has often remained sociologically and empirically underspecified. This volume seeks to bridge the gap between theory and fieldwork by developing an actor-centred political sociology. In doing so, the volume engages in a critical dialogue with the constructivist framework and proposes to build on its insights through a sociological hardening centred on European actors. The renewal of European studies through political sociology is only useful if it generates new understandings through empirical observation. This volume seeks to take a new tack on constructivism by asking what it is that Europe constructs by looking at three areas- social spaces and professions, policy 'problems' and policies and policy instruments such as the Eurobarometer. -- .
Comparative constitutional change has recently emerged as a distinct field in the study of constitutional law. It is the study of the way constitutions change through formal and informal mechanisms, including amendment, replacement, total and partial revision, adaptation, interpretation, disuse and revolution. The shift of focus from constitution-making to constitutional change makes sense, since amendment power is the means used to refurbish constitutions in established democracies, enhance their adaptation capacity and boost their efficacy. Adversely, constitutional change is also the basic apparatus used to orchestrate constitutional backslide as the erosion of liberal democracies and democratic regression is increasingly affected through legal channels of constitutional change. Routledge Handbook of Comparative Constitutional Change provides a comprehensive reference tool for all those working in the field and a thorough landscape of all theoretical and practical aspects of the topic. Coherence from this aspect does not suggest a common view, as the chapters address different topics, but reinforces the establishment of comparative constitutional change as a distinct field. The book brings together the most respected scholars working in the field, and presents a genuine contribution to comparative constitutional studies, comparative public law, political science and constitutional history.
The New Deal is often said to represent a sea change in American constitutional history, overturning a century of precedent to permit an expanded federal government, increased regulation of the economy, and eroded property protections. John Compton offers a surprising revision of this familiar narrative, showing that nineteenth-century evangelical Protestants, not New Deal reformers, paved the way for the most important constitutional developments of the twentieth century. Following the great religious revivals of the early 1800s, American evangelicals embarked on a crusade to eradicate immorality from national life by destroying the property that made it possible. Their cause represented a direct challenge to founding-era legal protections of sinful practices such as slavery, lottery gambling, and buying and selling liquor. Although evangelicals urged the judiciary to bend the rules of constitutional adjudication on behalf of moral reform, antebellum judges usually resisted their overtures. But after the Civil War, American jurists increasingly acquiesced in the destruction of property on moral grounds. In the early twentieth century, Oliver Wendell Holmes and other critics of laissez-faire constitutionalism used the judiciary's acceptance of evangelical moral values to demonstrate that conceptions of property rights and federalism were fluid, socially constructed, and subject to modification by democratic majorities. The result was a progressive constitutional regime--rooted in evangelical Protestantism--that would hold sway for the rest of the twentieth century.
Sovereignty is among the most important phenomena for making sense of political life. But there are many mistaken assumptions associated with the concept. This book provides a new and somewhat unorthodox interpretation of it from the standpoint of a theory of practice. The Sovereign responds to pressing political issues of our time, like immigration and refugees, transnationalism and populism, the prospects for democracy, and the relationship between civil society and the state. The chapters trace the concept of sovereignty from its origins in political theory, providing perspective and insights that leave the reader with a phenomenological sketch of the sovereign. Bronner transforms our ideas about political power, what it is, how it has been used, and how it can be used. His new theory of sovereignty concludes with twenty-five provocative theses on the sovereign's role in modern capitalist society. The Sovereign is a novel and unparalleled overview of a crucial concept by an influential thinker. It is especially and particularly recommended to scholars and student of comparative politics, international relations, contemporary political theory, and the wider general public.
A practical guide to becoming solution-focused and construction solutions in brief therapy. At the core of the book is a sequence of skill-building chapters that cover all aspects of construction solutions. Each chapter explains and demonstrates a particular skill with discussion and exercises.
Rogue State chronicles how West Virginia entered-and remains-in the Union under unconstitutional circumstances. Its severance from Virginia and reincorporation as a new state in 1863 occurred outside the bounds of constitutional legality. The United States government, while pledged to prevent the secession of eleven states from the Union, nevertheless condoned, abetted, supported, and ultimately affirmed secession of fifty counties without permission from Virginia. This unprecedented and unconstitutional process marks the only time in American history that a state was created and admitted to the Union outside the boundaries of the prescribed constitutional process. Lincoln's attorney general even declared the process unconstitutional. Though secession was not permitted for states or parts of states by the U.S. Constitution, the U.S. government produced a facade of legality and constitutionality in 1863 to justify the secession of a part of one state to form another.
The developments of early 2011 changes the political landscape of
the Middle East. But even as urgent struggles continue, it remains
clear that authoritarianism will survive this transformational
moment. The study of authoritarian governance, therefore, remains
essential for our understanding of the political dynamics and inner
workings of regimes across the region.
The Federalist Papers (1787-1788) is a collection of essays and articles by Alexander Hamilton, John Jay, and James Madison. Written in support of the recently completed Constitutional Convention, The Federalist Papers were intended to support the ratification process of the new United States Constitution. When the Constitutional Convention was completed on September 17, 1787 in Philadelphia, the newly-agreed upon Constitution was sent to the states for ratification. As opponents of a strong centralized government began attacking the Constitution in the press, Hamilton recruited Jay and Madison to contribute articles and essays in favor of Federalism to prominent journals and newspapers. Published between October 27, 1787 and May 28, 1788, The Federalist Papers were written by the three authors under the pseudonym "Publius." Although Hamilton wrote the vast majority, Madison's and Jay's contributions are still seen as essential works on the philosophy of American governance. Federalist Nos. 10 and 14, both written by Madison, are regarded as especially significant for arguing for the possibility of effectively governing an expansive republic. In Federalist No. 84, Hamilton argues against adding a Bill of Rights, a proposed compromise with Anti-Federalists that would eventually make up the first ten Amendments to the Constitution. Other important topics introduced or explained in The Federalist Papers include the doctrine of judicial review, the case for a single chief executive, and the purpose of checks and balances. With a beautifully designed cover and professionally typeset manuscript, this edition of The Federalist Papers is a classic of American political history reimagined for modern readers.
The United States Constitution and Bill of Rights (1787-1789) is a foundational document of American democracy. Written by delegates attending the Constitutional Convention, a gathering intended to revise the system of government established under the Articles of Confederation, The Constitution of the United States was ratified in 1788 before becoming effecting in 1789. Nearly two and a half centuries old, it is the oldest continually enforced national constitution in the world. The United States Bill of Rights, containing the first ten amendments to the Constitution, was ratified in 1791, codifying into law the essential individual rights and freedoms of Americans, setting limitations on government power, and diverting powers not specifically granted to Congress to the states and citizens. "We the People." Beginning with these words affirming the democratic aspirations of the nation, The Constitution of the United States defines the foundational organization and function of the federal government. Despite being amended 27 times since its ratification and enforcement, The Constitution of the United States is seen as essential to the American system of government and political representation. Based on several earlier documents, including the Virginia Declaration of Rights (1776) and the English Magna Carta (1215), The United States Bill of Rights adds to the original Constitution-which focuses primarily on the organization and function of the federal government-certain protections and specifications targeting the rights of individual Americans, important safeguards determining the reach of the federal government and ensuring the states and the people are proportionately empowered. The First Amendment, perhaps the most recognizable, guarantees freedom of religion, speech, press, and assembly, as well as the right of every citizen to petition the government without fear of reprisal or punishment. With a beautifully designed cover and professionally typeset manuscript, this edition of The United States Constitution and Bill of Rights is a classic of American political history reimagined for modern readers. |
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