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.

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.

What exactly is happening when politicians evoke a center space beyond partisan politics to advance what are unmistakably political arguments? Drawing from an analysis of pivotal speeches surrounding Bill Clinton's 1992 presidential campaign and first term in office, Centrist Rhetoric: The Production of Political Transcendence in the Clinton Presidency takes an extended look at this question by showing how the possibility of political transcendence takes form in the rhetoric of the political center. Faced with a divided and shrinking party, and later with a pitched battle against a resurgent conservative movement, Clinton used the image of a political center, a "third way" beyond liberal and conservative orthodoxies, to advance his strategic goals, define his adversaries, and overcome key political challenges. As appeals to the center helped Clinton to achieve these advantages in specific cases, however, they also served to define the means, ends, and very essence of democracy in ambiguous and contradictory ways. Touching on controversies from the early 1990s over the future of the Democratic Party, racial identity in American politics, the threat of rightwing extremism, and the role of government, Antonio de Velasco show how centrist rhetoric's call to transcendence weaved together forms of identification and division, insight and blindness, so as to defy the conventional assessments of both Clinton's supporters and his detractors. Centrist Rhetoric thus offers general insight into the workings of political rhetoric, and a specific appreciation of Clinton's attempts to define and adjust to the political exigencies of a critical period in history of the Democratic Party and politics in the United States.

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.

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.

As the bicentenary of the Conseil d'Etat approaches, this new edition of the leading English-language text provides a detailed profile of the Conseil and offers an up-to-date overview of le droit administratif, which is regarded, alongside the Code Napoleon, as the most notable achievement of French legal science. The Conseil d'Etat is taken as a model for many administrative systems in Europe and beyond, and it continues to exercise a strong influence upon the emerging democracies of Eastern Europe and the Third World. The eleven expanded appendices, including statistics, model pleadings and other illustrations, provide an invaluable and accessible source of information on the French administrative courts, their procedure and case-load. Throughout the approach is comparative, with frequent references to developments in United Kingdom administrative law and in the EC institutions. The book will be an invaluable guide to all students of French law and comparative public law.

Combining history, archaeology, sociology, political science, and agricultural studies, Y=Arctg X: The Hyperbola of the World Order presents a theory claiming that any political system with a firm agricultural foundation is pre-destined to reach political unity and turn this state into the norm. Using the circumscription theory-the idea that the phenomenon of political unification was most explicit in areas of the world where agricultural land was in short supply- and exhaustive historical evidence, this timely work proposes the emergence of a single world state.

To examine government policy and state practice on housing, welfare, mental health, disability, prisons or immigration is to come face-to-face with the harsh realities of the 'punitive state'. But state violence and corporate harm always meet with resistance. With contributions from a wide range of activists and scholars, Resist the Punitive State highlights and theorises the front line of resistance movements actively opposing the state-corporate nexus. The chapters engage with different strategies of resistance in a variety of movements and campaigns. In doing so the book considers what we can learn from involvement in grassroots struggles, and contributes to contemporary debates around the role and significance of subversive knowledge and engaged scholarship in activism. Aimed at activists and campaigners plus students, researchers and educators in criminology, social policy, sociology, social work and the social sciences more broadly, Resist the Punitive State not only presents critiques of a range of harmful state-corporate policy agendas but situates these in the context of social movement struggles fighting for political transformation and alternative futures.

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.

When well-designed institutions function properly, people thrive. Few institutions have been more ingeniously designed than the U.S. federal government via the Constitution in 1787. This auspicious beginning more than two centuries ago helps explain why the U.S. remains a magnet for opportunity seekers, students, entrepreneurs, dissidents, and persecuted believers. Yet for decades now, America's federal government has been underperforming. Social Security and Medicare face looming insolvency. The federal government's "war on poverty" has failed to "end poverty" and arguably made it worse. In 2012, the United States Postal Service lost more money than the nation spent on the State Department, and Amtrak has lost money every year since being created in 1971. How can an enduring institution, so thoughtfully crafted, now produce such poor results? The federal government has grown so much because it serves a new and different vision, American Progressivism. American Progressives believed that democratically elected, public-minded federal politicians and employees could use federal programs to solve the nation's greatest problems in a way no other American institution could. This idea justified the federal government's massive expansion: today, the federal government runs over 1,500 programs and employs over 5% of the U.S. workforce. Yet federal results do not match Progressive expectations. Three key problems - "windfall politics", "the government surcharge", and "complexity failure" - overlooked by American Progressives explain the federal government's consistent failures. American Progressive's rosy-eyed view of human nature and political institutions have not been borne out by the evidence. In an era of substantial political fermentation and debate, rediscovering and re-applying American Republicanism represents the best path forward for the United States. The federal government should retain many necessary responsibilities but turn over those where it has failed - for social welfare, federally provided services, and retirement savings among others - to the country's state governments, civil society, and individual citizens respectively.

Arguments over constitutional interpretation increasingly highlight the full range of political, moral, and cultural fault lines in American society. Yet all the contending parties claim fealty to the Constitution. This volume brings together some of America's leading scholars of constitutional originalism to reflect on the nature and significance of various approaches to constitutional interpretation and controversies. Throughout the book, the contributors highlight the moral and political dimensions of constitutional interpretation. In doing so, they bring constitutional interpretation and its attendant disputes down from the clouds, showing their relationship to the concerns of the citizen. In addition to matters of interpretation, the book deals with the proper role of the judiciary in a free society, the relationship of law to politics, and the relationship of constitutional originalism to the deepest concerns of political thought and philosophy.

This book is the only one of its kind, providing a clear and exhaustive analysis of the different approaches to the future of Britain's second chamber. The House of Lords has long been the subject of proposals for reform - some successful, others not - and calls for the existing membership to be replaced by elected members have been a staple of political debate. The debate has been characterised by heat rather than light, proponents and opponents of change often talking past one another. This work gives shape to the debate, drawing out the role of the House of Lords, previous attempts at reform, and the different approaches to the future of the House. It develops the argument for each and analyses the current state of the debate about the future of the upper house in Britain's political system. -- .

Arguments over constitutional interpretation increasingly highlight the full range of political, moral, and cultural fault lines in American society. Yet all the contending parties claim fealty to the Constitution. This volume brings together some of America's leading scholars of constitutional originalism to reflect on the nature and significance of various approaches to constitutional interpretation and controversies. Throughout the book, the contributors highlight the moral and political dimensions of constitutional interpretation. In doing so, they bring constitutional interpretation and its attendant disputes down from the clouds, showing their relationship to the concerns of the citizen. In addition to matters of interpretation, the book deals with the proper role of the judiciary in a free society, the relationship of law to politics, and the relationship of constitutional originalism to the deepest concerns of political thought and philosophy.

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.

The parliamentary style of politics has been formed over centuries; nobody theorised it in advance. This book presents a thought experiment to spell out key principles of the parliamentary ideal type of politics. Max Weber offers the main intellectual inspiration, Westminster parliament provides the main historical reference and the author's studies on parliamentary procedure and rhetoric provide the background for the book. Parliamentary acting and thinking offer us the best example of politics as a contingent and controversial activity. Using a parliamentary imagination, the author constructs the ideal type in five main chapters: dissensual modes of proceeding; rhetoric of parliamentary debate; parliamentary formation and control of government; parliamentarians as politicians; and parliamentary time as their common subtext. In the last two chapters, the book outlines the possibilities of extending parliamentary judgment to politics beyond parliaments proper and the chances for parliamentary politics succeeding today.

Presidential campaigns are our national conversations - the widespread and complex communication of issues, images, social reality, and personas. Political communication specialists break down the 2012 presidential campaign and go beyond the quantitative facts, electoral counts, and poll results of the election, to make sense of the "political bits" of communication that comprise our voting choices. The contributors look at the early campaign period, the nomination process and conventions, the social and political contexts, the debates, the role of candidate spouses, candidate strategies, political strategies, and the use of the Internet and other technologies.

"Passages from Antiquity to Feudalism" is a sustained exercise in historical sociology that shows how the slave-based societies of Ancient Greece and Rome eventually became the feudal societies of the Middle Ages. In the course of this study, Anderson vindicates and refines the explanatory power of historical materialism, while casting a fascinating light on the Ancient world, the Germanic invasions, nomadic society, and the different routes taken to feudalism in Northern, Mediterranean, Eastern and Western Europe.
Through this work and its companion volume, "Lineages of the Absolutist State," Anderson presents a Marxist history of Western political development that takes readers from the first stirrings of political consciousness in the classical world to the rise of absolutist monarchies in Europe and the birth of the modern epoch.

This book covers the development of the presidential office within the context of constitutional interpretations of presidential power and socio-political and economic developments, as well as foreign affairs events, from 1789-2015. It provides details on the men who have held the office, and biographies of vice presidents, unsuccessful candidates for the office, and noteworthy Supreme Court and other appointees. The Historical Dictionary of the U.S. Presidency contains a chronology, an introduction, appendixes, and an extensive bibliography. The dictionary section has over 300 cross-referenced entries on the development of the institution of the presidency, and details the personalities, domestic and foreign policy governing contexts, elections, party dynamics and significant events that have shaped the office from the Founding to the present day. This book is an excellent resource for students, researchers, and anyone wanting to know more about the U.S. Presidency.

Foundations of Public Law offers an account of the formation of the discipline of public law with a view to identifying its essential character, explaining its particular modes of operation, and specifying its unique task. Building on the framework first outlined in The Idea of Public Law (OUP, 2003), the book conceives public law broadly as a type of law that comes into existence as a consequence of the secularization, rationalization, and positivization of the medieval idea of fundamental law. Formed as a result of the changes that give birth to the modern state, public law establishes the authority and legitimacy of modern governmental ordering.
Public law today is a universal phenomenon, but its origins are European. Part I of the book examines the conditions of its formation, showing how much the concept borrowed from the refined debates of medieval jurists. Part II then examines the nature of public law. Drawing on a line of juristic inquiry that developed from the late sixteenth to the early nineteenth centuries - extending from Bodin, Althusius, Lipsius, Grotius, Hobbes, Spinoza, Locke, and Pufendorf to the later works of Montesquieu, Rousseau, Kant, Fichte, Smith, and Hegel - it presents an account of public law as a special type of political reason.
The remaining three Parts unpack the core elements of this concept: state, constitution, and government. By taking this broad approach to the subject, Loughlin shows how, rather than being viewed as a limitation on power, law is better conceived as a means by which public power is generated. And by explaining the way that these core elements of state, constitution, and government were shaped respectively by the technological, bourgeois, and disciplinary revolutions of the sixteenth century through to the nineteenth century, he reveals a concept of public law of considerable ambiguity, complexity, and resilience.

How did England, once a minor regional power, become a global hegemon between 1689 and 1815? Why, over the same period, did she become the world's first industrial nation? Gary W. Cox addresses these questions in Marketing Sovereign Promises. The book examines two central issues: the origins of the great taxing power of the modern state and how that power is made compatible with economic growth. Part I considers England's rise after the revolution of 1689, highlighting the establishment of annual budgets with shutdown reversions. This core reform effected a great increase in per capita tax extraction. Part II investigates the regional and global spread of British budgeting ideas. Cox argues that states grew only if they addressed a central credibility problem afflicting the Ancien Regime - that rulers were legally entitled to spend public revenue however they deemed fit.

This book explores the implications of European and Eurasian integration projects for the constitutional orders of post-Soviet countries. On the one hand, the process of Eurasian integration, culminating in the establishment of the Eurasian Economic Union (EAEU), led to the creation of new institutions and mechanisms influencing the domestic legal order of the participating countries. On the other hand, the process of European integration, epitomised through the European Union (EU), constitutes an important source of reference for domestic constitutional developments in the countries which recently concluded a new generation of Association Agreements with the EU. This book analyses the implications of both processes. The book addresses the relevant experience of the countries from Central and Eastern Europe with transitional constitutionalism, mapping out the significance of European and Eurasian integration for protecting the rule of law in the post-Soviet space and identifying the constitutional implications and challenges of the EAEU and the new generation of Association Agreements. It also provides detailed country reports on national constitutional orders in the post-Soviet space and their adaptability to regional integration projects, authored by leading academics from the countries concerned, providing a number of general reflections about the evolution of post-Soviet constitutions in light of European and Eurasian integration projects.