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La Constitucion de los Estados Unidos fue redactada en la Convencion Constitucional en Filadelfia en 1787, firmada el 17 de septiembre de 1787 y ratificada por el numero requerido de estados (nueve) el 21 de junio de 1788. Sustituyo los Articulos de la Confederacion, los estatutos originales de los Estados Unidos que estaban vigentes desde 1781.
During the past two years, the Congress has considered proposals to modify the nation's immigration system. The Border Security, Economic Opportunity, and Immigration Modernization Act, passed by the Senate in June 2013, addresses multiple facets of immigration policy, including changes to the existing visa system, improvements in border security and law enforcement, and changes to the status of people who currently live in the country without legal authorisation. Other proposals have focused on one component of immigration policy -- for example, improving border security or changing certain aspects of the visa system. Whether the proposals involve broad or narrow changes to immigration policy, they could have a variety of consequences for both citizens and non-citizens, for the federal government, and for state and local governments. This book examines some of those proposals and how such changes would affect the federal budget.
A democratic society is grounded on the informed participation of the citizenry, which in turn requires access to Government information. If officials are to be accountable for their actions and decisions, secrecy must be kept to the minimum necessary to meet legitimate national security considerations. An open documentary record of official decisions is essential to educate and inform the public and enable it to assess the policies of its elected leaders. While agencies need to modernise and improve overall records management performance, classified records pertaining to our nation's security demand particular attention. Current practices for handling classification, declassification, and management of these records are outmoded, unsustainable, and keep too much information from the public. This book takes a look at transforming the security classification system and improving declassification efforts across government agencies.
Since America's founding, the U.S. Supreme Court had issued a vast number of decisions on a staggeringly wide variety of subjects. And hundreds of judges have occupied the bench. Yet as Cass R. Sunstein, the eminent legal scholar and bestselling co-author of Nudge, points out, almost every one of the Justices fits into a very small number of types regardless of ideology: the hero, the soldier, the minimalist, and the mute. Heroes are willing to invoke the Constitution to invalidate state laws, federal legislation, and prior Court decisions. They loudly embrace first principles and are prone to flair, employing dramatic language to fundamentally reshape the law. Soldiers, on the other hand, are skeptical of judicial power, and typically defer to decisions made by the political branches. Minimalists favor small steps and only incremental change. They worry that bold reversals of long-established traditions may be counterproductive, producing a backlash that only leads to another reversal. Mutes would rather say nothing at all about the big constitutional issues, and instead tend to decide cases on narrow grounds or keep controversial cases out of the Court altogether by denying standing. As Sunstein shows, many of the most important constitutional debates are in fact contests between the four Personae. Whether the issue involves slavery, gender equality, same-sex marriage, executive power, surveillance, or freedom of speech, debates have turned on choices made among the four Personae-choices that derive as much from psychology as constitutional theory. Sunstein himself defends a form of minimalism, arguing that it is the best approach in a self-governing society of free people. More broadly, he casts a genuinely novel light on longstanding disputes over the proper way to interpret the constitution, demonstrating that behind virtually every decision and beneath all of the abstract theory lurk the four Personae. By emphasizing the centrality of character types, Sunstein forces us to rethink everything we know about how the Supreme Court works.
Once largely ignored, judicial elections in the states have become increasingly controversial over the past two decades. Legal organizations, prominent law professors, and a retired Supreme Court justice have advocated the elimination of elections as a means to choose judges. One of their primary concerns is interest group involvement in elections to state supreme courts, which they see as having negative effects on both the courts themselves and public perceptions of these judicial bodies. In The Battle for the Court, Lawrence Baum, David Klein, and Matthew Streb present a systematic investigation into the effects of interest group involvement in the election of judges. Focusing on personal-injury law, the issue that has played the most substantial role in spurring interest group activity in judicial elections, the authors detail how interest groups mobilize in response to unfavorable rulings by state supreme courts, how their efforts influence the outcomes of supreme court elections, and how those outcomes in turn effectively reshape public policies. The authors employ several decades' worth of new data on campaign activity, voter behavior, and judicial policy-making in one particularly colorful, important, and representative state-Ohio-to explore these connections among interest groups, elections, and judicial policy in a way that has not been possible until now.
Now introduced by eminent civil libertarian, constitutional scholar, and New York Times bestselling author Alan Dershowitz, The Federalist Papers are a must-have for all scholars of history and government and all Americans. Widely considered to be among the most important historical collections of all time, The Federalist Papers were intended to persuade New York at-large delegates to the Constitutional Convention to accept the newly drafted Constitution in 1787. Authored in parts by Hamilton, Madison, and Jay, together as the pseudonym of Publius, the documents have been referred to and heavily cited countless times in all aspects of American government and politics. Together, the eighty-five Federalist essays stand among the Constitution of the United States, the Declaration of Independence, Common Sense, and other work by the Founding Fathers that helped build and solidify the foundation of American democracy. With its rich history and a new introduction from Alan Dershowitz, one of the most prominent legal minds in the country, The Federalist Papers will educate you on the groundwork that shaped the greatest country in the world.
Americans tend to believe in government that is transparent and accountable. Those who govern us work for us, and therefore they must also answer to us. But how do we reconcile calls for greater accountability with the competing need for secrecy, especially in matters of national security? Those two imperatives are usually taken to be antithetical, but Heidi Kitrosser argues convincingly that this is not the case--and that our concern ought to lie not with secrecy, but with the sort of unchecked secrecy that can result from "presidentialism," or constitutional arguments for broad executive control of information. In Reclaiming Accountability, Kitrosser traces presidentialism from its start as part of a decades-old legal movement through its appearance during the Bush and Obama administrations, demonstrating its effects on secrecy throughout. Taking readers through the key presidentialist arguments--including "supremacy" and "unitary executive theory"--she explains how these arguments misread the Constitution in a way that is profoundly at odds with democratic principles. Kitrosser's own reading offers a powerful corrective, showing how the Constitution provides myriad tools, including the power of Congress and the courts to enforce checks on presidential power, through which we could reclaim government accountability.
Now available in paperback! Since the first edition of Theory and Practice of the European Convention on Human Rights forty years ago, this book has become the reference in the field of human rights in Europe. It provides a systematic and comprehensive overview of the functioning of the European Convention for the Protection of Human Rights and Fundamental Freedoms and its application by the European Court of Human Rights. With Montenegro joining the Council of Europe in 2007, there are now 47 Parties to the Convention and Protocol No. 14 entering into force on 1 June 2010, the protection of human rights in Europe and the case law of the Court have seen a dynamic development during the last decade. A completely new - fifth - edition of Theory and Practice of the European Convention on Human Rights was thus very much needed. Particularly since Protocol 14 amended the control system of the Convention. The result is a very accessible, easy-to-use and up-to-date reference book, which provides an essential source of information for the practitioners, theorists and students in the field of human rights.
The Euro-Crisis and the legal and institutional responses to it have had important constitutional implications on the architecture of the European Union (EU). Going beyond the existing literature, Federico Fabbrini's book takes a broad look and examines how the crisis and its aftermath have changed relations of power in the EU, disaggregating three different dimensions: (1) the vertical relations of power between the member states and the EU institutions, (2) the relations of power between the political branches and the courts, and (3) the horizontal relations of power between the EU member states themselves. The first part of the book argues that, in the aftermath of the Euro-crisis, power has been shifting along each of these axes in paradoxical ways. In particular, through a comparison of the United States, Fabbrini reveals that the EU is nowadays characterized by a high degree of centralization in budgetary affairs, an unprecedented level of judicialization of economic questions, and a growing imbalance between the member states in the governance of fiscal matters. As the book makes clear, however, each of these dynamics is a cause for concern - as it calls into question important constitutional values for the EU, such as the autonomy of the member states in taking decision about taxing and spending, the preeminence of the political process in settling economic matters, and the balance between state power and state equality. The second part of the book, therefore, devises possible options for future legal and institutional developments in the EU which may revert these paradoxical trends. In particular, Fabbrini considers the ideas of raising a fiscal capacitiy, restoring the centrality of the EU legislative process, and reforming the EU executive power, and discusses the challenges that accompany any further step towards a deeper Economic and Monetary Union.
One of the ongoing controversies related to the Affordable Care Act (ACA) has been the scope of exemption from certain health care coverage requirements, including the contraceptive coverage requirement. Though closely divided, the U.S. Supreme Court's 5-4 decision in Burwell v. Hobby Lobby Stores, Inc. has settled the question of whether certain for-profit corporations must be exempt from the requirement, unless Congress chooses to amend the statute providing those corporations legal protection. This book analyses the Court's opinions in Hobby Lobby, examining the rights of closely held corporations under the Religious Freedom Restoration Act. It also addresses the implications for the contraceptive coverage mandate under ACA and discusses potential legislative responses to the Court's decision. Finally, it analyses the impact that Hobby Lobby may have in other contexts in which employers may claim religious objections.
The Voting Rights Act (VRA) is a landmark federal law enacted in 1965 to remove race-based restrictions on voting. It is perhaps the country's most important voting rights law, with a history that dates to the Civil War. After that conflict ended, a number of constitutional amendments were adopted that addressed the particular circumstances of freed slaves, including the Fifteenth Amendment that guaranteed the right to vote for all U.S. citizens regardless of "race, color, or previous condition of servitude." This book provides background information on the historical circumstances that led to the adoption of the VRA, a summary of its major provisions, and a brief discussion of the U.S. Supreme Court decision and related legislation in the 113th Congress.
This book is a compilation of CRS reports on defense policies. Some topics discussed herein include the United States Special Operations Command, US withdrawals from treaties and other international agreements, artificial intelligence development and the North Atlantic Treaty Organization.
The distinction between in-house and ex-house providing is fundamental and is well known in practice and theory. It is of utmost importance, as the consequence of the categorization of an arrangement as "in-house" is, that it falls outside of the scope of the EC public procurement rules. However, for various reasons, it is often very difficult to establish whether an arrangement is in-house or not. The case law from the European Court of Justice on this subject is highly complex, whereas the case law at national level is sparse. Furthermore, the legal literature both at national and international levels has been relatively limited. This book deals with in-house in a broader perspective and looks into the interpretation, implementation, and practice at the national level in a range of Member States. This book is the first in the new European Procurement Law series, which will contribute to a strengthened dialogue between the various legal cultures in the field of procurement.
In Egypt's modern history, reform of personal status laws has often formed an integral part of political, cultural, and religious contestations among different factions of society. From the beginning of the twenty-first century, two significant reforms were introduced in Egyptian personal status laws: women's right to petition for no-fault judicial divorce law (khul') and the new mediation-based family courts.Legal Reform and Gender Justice examines the interplay between legal reform and gender norms and practices. It examines the processes of advocating for, and contesting the khul' and new family courts laws, shedding light on the agendas and strategies of the various actors involved. It also examines the ways in which women and men have made use of these legal reforms; how judges and other court personnel have interpreted and implemented them; and how the reforms may have impacted women and men's understandings, expectations, and strategies when navigating marriage and spousal roles.Drawing on an extensive four-year field study, Al-Sharmani highlights the complexities and mixed impacts of legal reform, not only as a mechanism of claiming gender rights but also as a system of meanings that shape, destabilize, or transform gender norms and practices.
The Second Amendment, by far the most controversial amendment to the US Constitution, will soon celebrate its 225th anniversary. Yet, despite the amount of ink spilled over this controversy, the debate continues on into the 21st century. Initially written with a view towards protecting the nascent nation from more powerful enemies and preventing the tyranny experienced during the final years of British rule, the Second Amendment has since become central to discussions about the balance between security and freedom. It features in election contests and informs cultural discussions about race and gender. This book seeks to broaden the discussion. It situates discussion about gun controls within contemporary debates about citizenship, culture, philosophy and foreign policy as well as in the more familiar terrain of politics and history. It features experts on the Constitution as well as chapters discussing the symbolic importance of Annie Oakley, the role of firearms in race, and filmic representations of armed Hispanic girl gangs. It asks about the morality of gun controls and of not imposing them. The collection presents a balanced view between those who favour more gun controls and those who would prefer fewer of them. It is infused with the belief that through honest and open debate the often bitter cultural divide on the Second Amendment can be overcome and real progress made. It contains a diverse range of perspectives including, uniquely, a European perspective on this most American of issues.
Political institutions are the main subject of political theory-or they ought to be. Jeremy Waldron argues for reorienting the theory of politics toward the institutions of modern democracy and the mechanisms through which democratic ideals are achieved. Too many political theorists are preoccupied with the nature of justice, liberty, and equality, at the cost of ignoring the governmental institutions needed to achieve them. By contrast, political scientists have kept institutions in view but deploy a meager set of value-conceptions in analyzing them. Waldron considers the uses and abuses of an array of institutions and traditions, from separation of powers and bicameralism to judicial review of legislation, the principle of loyal opposition, the nature of representation, accountability, and the rule of law. He provides a critical perspective on the role of courts in a constitutional democracy and offers an illuminating critique of the contrasting views of Hannah Arendt and Isaiah Berlin. Even if political theorists remain fixated on expounding the philosophical foundations of democracy, Waldron argues, a firmer grasp of the means through which democracy is realized is also needed. This is what political political theory means: theory addressing the way institutions orchestrate resolutions to disputes over social ideals.
The one percent has been providing an ever larger share of campaign funds since the 1980s. Well over half of the money contributed to the presidential race in 2015 came from only about 350 families. One-fourth of it came from just seventy-eight donors, all of whom made contributions of $1 million or more. Can we still say we live in a democracy if a few hundred rich families provide such disproportionate shares of campaign funds? Congress and the courts are divided on that question, with conservatives saying yes and liberals saying no. The debate is about the most fundamental of political questions: how we define democracy, and how we want our democracy to work. The debate may ultimately be about political theory, but in practice it is conducted in terms of laws, regulations, and court decisions about PACs, super PACs, 527s, 501(c)(4)s, dark money, the Federal Election Commission, and even the IRS. This book explains how those laws, regulations, and court decisions fit into the larger debate about how we want our democracy to work.
Safeguarding Our Privacy and Our Values in an Age of Mass Surveillance America's mass surveillance programs, once secret, can no longer be ignored. While Edward Snowden began the process in 2013 with his leaks of top secret documents, the Obama administration's own reforms have also helped bring the National Security Agency and its programs of signals intelligence collection out of the shadows. The real question is: What should we do about mass surveillance? Timothy Edgar, a long-time civil liberties activist who worked inside the intelligence community for six years during the Bush and Obama administrations, believes that the NSA's programs are profound threat to the privacy of everyone in the world. At the same time, he argues that mass surveillance programs can be made consistent with democratic values, if we make the hard choices needed to bring transparency, accountability, privacy, and human rights protections into complex programs of intelligence collection. Although the NSA and other agencies already comply with rules intended to prevent them from spying on Americans, Edgar argues that the rules-most of which date from the 1970s-are inadequate for this century. Reforms adopted during the Obama administration are a good first step but, in his view, do not go nearly far enough. Edgar argues that our communications today-and the national security threats we face-are both global and digital. In the twenty first century, the only way to protect our privacy as Americans is to do a better job of protecting everyone's privacy. Beyond Surveillance: Privacy, Mass Surveillance, and the Struggle to Reform the NSA explains both why and how we can do this, without sacrificing the vital intelligence capabilities we need to keep ourselves and our allies safe. If we do, we set a positive example for other nations that must confront challenges like terrorism while preserving human rights. The United States already leads the world in mass surveillance. It can lead the world in mass surveillance reform.
Constitutions are made in almost all transformation of regimes. What are the dangers and the hopes associated with such a process? What can make constitution-making legitimate? The Adventures of the Constituent Power explores the democratic methods by which political communities make their basic law, arguing that the most advanced method developed from Spain and South Africa. The first part of this book focuses on history of the idea of constitution-making, before and during the democratic revolutions of the eighteenth century. The second part traces the notion of the constituent power in recent regime transitions that were consciously post-revolutionary, from Spain to South Africa. With the return of revolutions or revolutionary patterns of constitution-making, the book examines the use and potential failure of the new ideas available. The third part then proceeds to consider the type of constitution that is likely to emerge from the post-sovereign process.
This study examines the evolution and political consequences of the 2009 British MPs' expenses scandal. Despite claims of a revolution in British politics, we show how the expenses scandal had a limited, short-term impact.
Aboriginal and Torres Strait Islander Legal Relations Second Edition considers the contact of Aboriginal and Torres Strait Islanders with Anglo-Australian law, and deals primarily with the problems the imposed law has had in its relationship with Indigenous people in Australia. The book is comprehensive in scope and covers key issues relating to sovereignty, jurisdiction and territorial acquisition; family law and child protection; criminal law, policing and sentencing; land rights and native title; cultural heritage, heritage protection and intellectual property; anti-discrimination law; international human rights law; constitutional law; social justice, self-determination and treaty issues.
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