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Books > Social sciences > Politics & government > Political structure & processes

Constitutional Precedent in US Supreme Court Reasoning (Hardcover): David Schultz Constitutional Precedent in US Supreme Court Reasoning (Hardcover)
David Schultz
R3,019 Discovery Miles 30 190 Ships in 12 - 19 working days

Precedent is an important tool of judicial decision making and reasoning in common law systems such as the United States. Instead of having each court decide cases anew, the rule of precedent or stares decisis dictates that similar cases should be decided similarly. Adherence to precedent promotes several values, including stability, reliability, and uniformity, and it also serves to constrain judicial discretion. Yet while adherence to precedent is important, there are some cases where the United States Supreme Court does not follow it when it comes to constitutional reasoning. Over time the US Supreme Court under its different Chief Justices has approached rejection of its own precedent in different ways and at varying rates of reversal. This book examines the role of constitutional precedent in US Supreme Court reasoning. The author surveys the entire history of the US Supreme Court up until 2020, keying in on decisions regarding when it chose to overturn its own constitutional precedent and why. He explores how the US Supreme Court under its different Chief Justices has approached constitutional precedents and justified its reversal and quantifies which Courts have reversed the most constitutional precedents and why. Constitutional Precedent in US Supreme Court Reasoning is essential reading for law professors and students interested in precedent and its role in legal reasoning. Law libraries which will find this book of importance to their collections on legal reasoning and analysis.

Europeanisation and Memory Politics in the Western Balkans (Hardcover, 1st ed. 2021): Ana Milosevic, Tamara Trost Europeanisation and Memory Politics in the Western Balkans (Hardcover, 1st ed. 2021)
Ana Milosevic, Tamara Trost
R3,384 Discovery Miles 33 840 Ships in 10 - 15 working days

This volume explores how the process of European integration has influenced collective memory in the countries of the Western Balkans. In the region, there is still no shared understanding of the causes (and consequences) of the Yugoslav wars. The conflicts of the 1990s but also of WWII and its aftermath have created "ethnically confined" memory cultures. As such, divergent interpretations of history continue to trigger confrontations between neighboring countries and hinder the creation of a joint EU perspective. In this volume, the authors examine how these "memory wars" impact the European dimension - by becoming a tool to either support or oppose Europeanisation. The contributors focus on how and why memory is renegotiated, exhibited, adjusted, or ignored in the Europeanisation process.

A New World to Be Won - John Kennedy, Richard Nixon, and the Tumultuous Year of 1960 (Hardcover): G.Scott Thomas A New World to Be Won - John Kennedy, Richard Nixon, and the Tumultuous Year of 1960 (Hardcover)
G.Scott Thomas
R2,281 Discovery Miles 22 810 Ships in 10 - 15 working days

This book tells the story of 1960-a tumultuous, transitional year that unleashed the forces that eventually reshaped the American nation and the entire planet, to the joy of millions and the sorrow of millions more. In 1960, attitudes were changing; barriers were falling. It was a transitional year, during which the world as we know it today was beginning to take shape. While other books have focused on the presidential contest between Kennedy and Nixon, A New World to Be Won: John Kennedy, Richard Nixon, and the Tumultuous Year of 1960 illuminates the emerging forces that would transform the nation and the world during the 1960s, putting the election in the broader context of American history-and world history as well. While the author does devote a large portion of this book to the 1960 presidential campaign, he also highlights four pivotal trends that changed life for decades to come: unprecedented scientific breakthroughs, ranging from the Xerox copier to new spacecraft for manned flight; fragmentation of the international power structure, notably the schism between the Soviet Union and China; the pursuit of freedom, both through the civil rights movement at home and the drive for independence in Africa; and the elevation of pleasure and self-expression in American culture, largely as a result of federal approval of the birth-control pill and the increasing popularity of illegal drugs. Photographs of key newsmakers and important events throughout the year A bibliography with a detailed listing of more than 400 sources, including oral histories, government publications, memoirs, and journals A comprehensive index by name and subject Footnotes for the full manuscript

The Handbook of Political Change in Eastern Europe, Second Edition (Hardcover, 2nd edition): Sten Berlund, Joakim Ekman, Frank... The Handbook of Political Change in Eastern Europe, Second Edition (Hardcover, 2nd edition)
Sten Berlund, Joakim Ekman, Frank H. Aarebrot
R7,249 Discovery Miles 72 490 Ships in 12 - 19 working days

This thoroughly revised and updated edition of The Handbook of Political Change in Eastern Europe provides an authoritative and thorough analysis of the political changes which have occurred in Central and Eastern Europe since the demise of communism. It offers an historical, comparative perspective of the region and focuses on the social consequences of the democratization process throughout the 1990s and the early years of the 21st century. Significantly, this new edition includes an examination of the South East European countries of Croatia, Serbia and Moldova, which are often overlooked in studies on post-communist political development. The country-specific chapters are each written by distinguished scholars with particular expertise in their respective cases: Estonia, Latvia, Lithuania, Poland, the Czech Republic, Slovakia, Hungary, Slovenia, Romania, Bulgaria, Croatia, Serbia and Moldova. Each chapter includes detailed examinations of elections, the formation of governments, electoral systems and constitutional arrangements. These up-to-date analyses are supplemented by conclusions on the party systems and emerging political structures in the region as a whole, and the consolidation of democracy in a post-communist setting. The revised and expanded version of The Handbook of Political Change in Eastern Europe provides a state-of-the art companion which will be indispensable for students and scholars in the social sciences, including political science, comparative politics, European studies and political history.

The Life Of Abraham Lincoln (Hardcover): Henry Ketcham The Life Of Abraham Lincoln (Hardcover)
Henry Ketcham
R749 Discovery Miles 7 490 Ships in 12 - 19 working days

Abraham Lincoln remains one of the greatest political figures in American history. Although his portrait and achievements as a statesman are well recorded, little is known about his personal life. This light and enjoyable biography, published at the beginning of the 20th century, fills this gap by portraying a more human and accessible Lincoln.

Alexander Hamilton - Documents Decoded (Hardcover): Christina G. Villegas Alexander Hamilton - Documents Decoded (Hardcover)
Christina G. Villegas
R2,712 Discovery Miles 27 120 Ships in 10 - 15 working days

An indispensable resource for all readers, this book summarizes the founding of America alongside the personal and public life of one of America's most influential Founders through a comprehensive investigation of Hamilton's extensive writings. A product of extremely humble birth, Alexander Hamilton rose to become one of America's leading political figures, helping to determine the direction of nearly all of the seminal events of the founding of the country. The author introduces, provides notes on, and critically evaluates approximately 60 key documents that Hamilton wrote from his youth in the Caribbean through his leadership of the Federalist Party in the 1800s. In examining these writings, the book covers important periods of American history including the American Revolution, the ratification of the Constitution, the formation of the nation's first financial system, and the establishment of political parties. This book is a valuable resource for anyone who wants to study the key moments of the revolutionary and founding periods of America through the life and legacy of one of the country's most eminent statesmen. The work concludes with a chronology that provides historical context for the most significant personal and political events in Hamilton's life and a bibliography that offers a basis for further study.

Parliamentary Procedure and Practice in the Dominion of Canada. Fourth Edition. (Hardcover, 4th ed.): John George Bourinot Parliamentary Procedure and Practice in the Dominion of Canada. Fourth Edition. (Hardcover, 4th ed.)
John George Bourinot; Edited by Thomas Barnard Flint
R1,477 Discovery Miles 14 770 Ships in 12 - 19 working days
The Dynamics of Policy Implementation in Nigeria - The Case of Sokoto State (Hardcover): Mohammad Ahmad Wali The Dynamics of Policy Implementation in Nigeria - The Case of Sokoto State (Hardcover)
Mohammad Ahmad Wali
R758 R675 Discovery Miles 6 750 Save R83 (11%) Ships in 10 - 15 working days

In The Dynamics of Policy Implementation in Nigeria, author Mohammad Ahmad Wali examines the implementation of public policy in Nigeria with an emphasis on Sokoto State from 1976 to 1991, from the perspective of an insider.

Thoroughly documented and researched, The Dynamics of Policy Implementation in Nigeria first dissects the explanations provided for both the success and failure of the government's efforts at moving policy forward. Wali specifically investigates the "Operation Move Ahead" education policy that has failed to achieve its objectives. A comprehensive presentation of the region's history, religion, politics, and socioeconomic structure provides the background from which to analyze the issues.

With charts and diagrams, Wali discusses the four main obstacles to implementation in the Sokoto State bureaucracy: governmental instability, governmental overload, socioeconomic problems, and the infrastructural inadequacies confronting policy implementers. The crucial role of implementation analysis is to identify the factors which affect the achievement of policy objectives.

Economic Actors, Economic Behaviors, and Presidential Leadership - The Constrained Effects of Rhetoric (Hardcover): C. Damien... Economic Actors, Economic Behaviors, and Presidential Leadership - The Constrained Effects of Rhetoric (Hardcover)
C. Damien Arthur
R2,605 Discovery Miles 26 050 Ships in 12 - 19 working days

There exists considerable disagreement about whether the United States president has a direct and measurable influence over the economy. The analysis presented in Economic Actors, Economic Behaviors, and Presidential Leadership suggests that while the presidents have increased their rhetoric regarding the economy, they have not had much success in shaping it. Despite attempts to tailor rhetoric to influence specific actors, the presidents are incredibly ineffective. Considering this research, Arthur argues that the president s decision to address the economy so often must stem from a symbolic placation or institutional necessity that is intended to comfort constituencies or somehow garner electoral advocacy from the party s base. No other viable explanation exists given the lack of results presidents obtain from discussing the economy and their persistent determination to do so. This discrepancy suggests that presidential rhetoric on the economy is, at best, a tool used to appear concerned about the economy to everyone and toeing the party-line to their base. Moreover, it allows them to present the facade to their constituents that they are in control of a crucial facet of American life."

The Failure of China's Democratic Reforms (Hardcover, New): Zaijun Yuan The Failure of China's Democratic Reforms (Hardcover, New)
Zaijun Yuan
R3,667 R2,581 Discovery Miles 25 810 Save R1,086 (30%) Ships in 12 - 19 working days

In its propaganda, the Chinese Communist Party does not deny the value of "democracy", but it insists that democracy in China can be only "socialist democracy with Chinese characteristics". The most essential nature of such "democracy" is that it is under the single-party system and it excludes multi-party politics and competitive elections. In recent years, "Chinese democracy" has won more support because of achievements the party has made in developing economy. This raises a question: does this "efficient" authoritarian political system in China, even if it is not democratic, deserve applause because it can facilitate economic development? The party also insists that it is "democratic". But, is the party's theory of "democracy" compatible with western democracy? Since 1998, the party has organized some political reforms, such as "direct elections" for township executives, "direct elections" for township party secretaries, township party congress reform and "deliberative democracy" experiments, while maintaining single-party politics. In the party's propaganda, some of these reforms have become party achievements in improving "socialist democracy with Chinese characteristics". In addition to these four kinds of party-organized reforms, another "reform" originated from the grassroots, the participation of independent candidates in a few local people's congress elections. This book examines these five local political reforms. It demonstrates that the four reforms instigated and organized by the party were tightly controlled and manipulated by the party. Although some reform measures may possibly liberalize parts of China's political mechanism, it is highly unlikely that the four reforms will eventually lead to political democratization in China. In the fifth "reform", which was motivated from outside the bureaucratic system, the party took drastic measures to repress the political participation of grassroots power. As a result, nearly all independent candidates in the local people's congress elections failed in their attempts to gain office. The prospects for this "reform" are also poor. The book argues that all five reforms have failed and that none will lead to China's democratization in the near future. The book concludes that the party's authoritarian regime in China is by nature anti-democratic and that so-called "socialist democracy with Chinese characteristics" is not democratic.

Prefects, Governors and Commissioners - Territorial Representatives of the State in Europe (Hardcover, 1st ed. 2021): Gildas... Prefects, Governors and Commissioners - Territorial Representatives of the State in Europe (Hardcover, 1st ed. 2021)
Gildas Tanguy, Jean-Michel Eymeri-Douzans
R3,424 Discovery Miles 34 240 Ships in 10 - 15 working days

Is the Prefect an exception, surviving only in France and some countries influenced by Napoleon? No! This book tells the varied stories of the resilience, in most European States and under different names, of the prefectoral institution. It is the first comparative book in English studying these territorial administrators who have a go-between role in centre-periphery relations and a nodal role in territorial governance. Gathering a multidisciplinary team of scholars under the auspices of the European Group for Public Administration, this volume offers a fine-grained analysis of 17 national cases, examines cross-country data, and proposes a theoretical frame made of a Weberian ideal-type with three variants, to better comprehend and explain the permanence and changes of the prefectoral figure.

Reinventing Legitimacy - Democracy and Political Change in Venezuela (Hardcover, New): Damarys J. Canache, Michael Kulisheck Reinventing Legitimacy - Democracy and Political Change in Venezuela (Hardcover, New)
Damarys J. Canache, Michael Kulisheck
R2,785 Discovery Miles 27 850 Ships in 10 - 15 working days

What makes for an ongoing, successful democracy in Latin America? The essays in this collection emphasize the inherent dynamicism needed to sustain democratic governance. Organized around analyses of political institutions, political parties, public administration and corruption, public opinion, and continuity and change in Venezuelan politics, the essays advance the proposition that Venezuelan democracy survived recent threats because of its capacity to reform institutions and absorb new actors.

The chapter authors include prominent scholars from both the United States and Venezuela, and each grapples with two related questions: What types of reforms are necessary to sustain the process of democratization? And, are actors in the Venezuelan system capable of adopting these changes? A stimulating collection for scholars and researchers dealing with Latin American politics and for those examining democratization in the developing world.

Economic Institutions and Democratic Reform - A Comparative Analysis of Post-Communist Countries (Hardcover): Ole Norgaard Economic Institutions and Democratic Reform - A Comparative Analysis of Post-Communist Countries (Hardcover)
Ole Norgaard
R3,488 Discovery Miles 34 880 Ships in 12 - 19 working days

Economic Institutions and Democratic Reform rigorously and systematically explores the political effects and consequences of economic reform in more than 20 post-communist countries. By using primary quantitative data and stringent statistical analyses, Ole Norgaard demonstrates that there is no universally applicable economic reform strategy and that popular democracy is often the foundation of a successful economy, rather than a powerful executive or president, as is popularly asserted. The book also shows that generalised models are not productive when studying the complexity of post-communist transformation. The author argues that the danger to democracy comes from the alienation of citizens and the collapse of public service and education systems instigated by individuals who, with few democratic credentials, capture the political playing field. These leaders have often been encouraged by Western governments who believe democracy can only be imposed on reluctant societies by newborn capitalist elites. This book will be essential and challenging reading for political scientists and economists as well as policymakers in NGOs, such as aid agencies and the institutions of the EU.

1000 Indian Constitution Quiz (Paperback): 1000 Indian Constitution Quiz (Paperback)
R118 Discovery Miles 1 180 Ships in 9 - 17 working days
Founding Fathers Four Pack (Hardcover): Various Artists Founding Fathers Four Pack (Hardcover)
Various Artists
R799 Discovery Miles 7 990 Ships in 10 - 15 working days

Founding Fathers Four Pack includes the American classic The Autobiography of Benjamin Franklin, the lesser-known, concise Autobiography of Thomas Jefferson, the biography Alexander Hamilton by Charles A. Conant and an insightful essay on John Jay by Elbert Hubbard.

American Government (Hardcover): Glen Krutz American Government (Hardcover)
Glen Krutz
R2,265 Discovery Miles 22 650 Ships in 12 - 19 working days
The Cavalier Presidency - Executive Power and Prerogative in Times of Crisis (Hardcover): Justin P. Deplato The Cavalier Presidency - Executive Power and Prerogative in Times of Crisis (Hardcover)
Justin P. Deplato
R2,744 Discovery Miles 27 440 Ships in 12 - 19 working days

In this book, Justin DePlato examines and analyzes the reasons and justifications for, as well as instances of, executive emergency power in political thought and action. The book begins by analyzing the theory of executive emergency power across a wide breadth of philosophical history, from Ancient Greek, Renaissance, through modern American political thought. This analysis indicates that in political philosophy two models exist for determining and using executive emergency power: an unfettered executive prerogative or a constitutional dictatorship. The modern American approach to executive emergency power is an unfettered executive prerogative, whereby the executive determines what emergency power is and how to use it. The book addresses the fundamental question of whether executive power in times of crisis may be unfettered and discretionary or rather does the law define and restrain executive emergency power. The author reviews and analyzes seven U.S. presidencies that handled a domestic crisis-Washington, Jefferson, Madison, Jackson, Lincoln, G. W. Bush, and Obama-to show that presidents become extraordinarily powerful during crises and act unilaterally without oversight. The use of executive emergency power undermines the normal processes of democratic republicanism and harms the rule of law. The author analyzes the U.S. Constitution, formerly classified Department of Justice Memos, primary sourced letters, signing statements, executive orders, presidential decrees, and original founding documents to comprehensively conclude that presidential prerogative determines what emergency powers are and how they are to be executed. This book challenges the claim that presidents determine their emergency power with appropriate congressional oversight or consultation. The analysis of the empirical data indicates that presidents do not consult with Congress prior to determining what their emergency powers are and how the president wants to use them. Justin DePlato joins the highly contentious debate over the use of executive power during crisis and offers a sharp argument against an ever-growing centralized and unchecked federal power. He argues that presidents are becoming increasingly reckless when determining and using power during crisis, often times acting unconstitutional.

Civil Society and Democracy in Iran (Hardcover, New): Ramin Jahanbegloo Civil Society and Democracy in Iran (Hardcover, New)
Ramin Jahanbegloo; Contributions by Payam Akhavan, Sohrab Behdad, Mehrzad Boroujerdi, Yousefi Eshkevari, …
R4,337 R3,051 Discovery Miles 30 510 Save R1,286 (30%) Ships in 12 - 19 working days

In this timely, informative edited volume, major Iranian scholars and civic actors address some of the most pressing questions about Iranian civil society and the process of democratization in Iran. They describe the role of Iranian civil society in the process of transition to democracy in Iran and offer insight about the enduring legacy of previous social and political movements starting with the Constitutional Revolution of 1906 in the struggle for democracy in Iran. Each contributor looks at different aspects of Iranian civil society to address the complex nature of the political order in Iran and the possibilities for secularization and democratization of the Iranian government. Various contributors analyze the impact of religion on prevailing democratic thought, discussing reformist religious movements and thinkers and the demands of religious minorities. Others provide insight into the democratic implications of recent Iranian women s rights movements, call for secularism within government, and the pressure placed on the existing theocracy by the working class. The contributors address these and related issues in all their richness and complexity and offer a set of discussions that is both accessible and illuminating for the reader."

Gobiernos Generadores de Riqueza - La Administracion Publica del Futuro (English, Spanish, Hardcover): Mario Ra S. Nchez, Mario... Gobiernos Generadores de Riqueza - La Administracion Publica del Futuro (English, Spanish, Hardcover)
Mario Ra S. Nchez, Mario Raul Mijares Sanchez
R806 Discovery Miles 8 060 Ships in 12 - 19 working days

El presente trabajo es una obra que pretende incursionar en la sociedad y sus organizaciones p blicas; obra moderada, que sin embargo podr a parecer radical para algunos lectores. No obstante, es la firme voluntad de contribuir con ideas al desarrollo de nuestro pa s, mismo que presenta los problemas de toda sociedad org nica. Puedo asegurar que en M xico erigir un gobierno hacia el futuro, no es una utop a, si bien es un proyecto dif cil de organizar, tampoco es imposible. Debemos consagrar todo esfuerzo en donde se pueda disfrutar de instituciones s lidas en la cosa p blica, las cuales respondan a las necesidades de una poblaci n vida de disfrutar buenos servicios, tanto p blicos como privados. Lo anterior solamente se puede lograr con un nuevo modelo de gobierno generador de riqueza y una administraci n con una visi n del futuro.

Civic Education and Contested Democracy - Towards a Pedagogic State in the Netherlands post 1945 (Hardcover, 1st ed. 2020): Wim... Civic Education and Contested Democracy - Towards a Pedagogic State in the Netherlands post 1945 (Hardcover, 1st ed. 2020)
Wim De Jong
R2,876 Discovery Miles 28 760 Ships in 10 - 15 working days

This book explores citizenship education and democracy in the Netherlands. From the Second World War to the present day, debates about civic education and democracy have raged in the country: this book demonstrates how citizens, social movements and political elites have articulated their own notions of democracy. Civic education illustrates democracy as an essentially contested concept - the transmission of political ideals highlights conflicting democratic values and a problem of paternalism. Ultimately, who dictates what democracy is, and to whom? As expectations of citizens rise, they are viewed more and more as objects of a pedagogical project, itself a controversial notion. Focusing on what democracy means practically in society, this book will be of interest to scholars of citizenship education and post-war Dutch political history.

Prisoner of the State - The Secret Journal of Zhao Ziyang (Paperback): Zhao Ziyang Prisoner of the State - The Secret Journal of Zhao Ziyang (Paperback)
Zhao Ziyang; Translated by Adi Ignatius; Edited by Adi Ignatius; Translated by Bao Pu; Edited by Bao Pu; Translated by …
R494 R469 Discovery Miles 4 690 Save R25 (5%) Ships in 10 - 15 working days

"
Prisoner of the State "is the story of Premier Zhao Ziyang, the man who brought liberal change to China and who was dethroned at the height of the Tiananmen Square protests in 1989 for trying to stop the massacre. Zhao spent the last years of his life under house arrest. An occasional detail about his life would slip out, but scholars and citizens lamented that Zhao never had his final say.
But Zhao did produce a memoir, secretly recording on audio tapes the real story of what happened during modern China's most critical moments. He provides intimate details about the Tiananmen crackdown, describes the ploys and double crosses used by China's leaders, and exhorts China to adopt democracy in order to achieve long-term stability. His riveting, behind-the-scenes recollections form the basis of "Prisoner of the State."
The China that Zhao portrays is not some long-lost dynasty. It is today's China, where its leaders accept economic freedom but resist political change. Zhao might have steered China's political system toward openness and tolerance had he survived. Although Zhao now speaks from the grave, his voice still has the moral power to make China sit up and listen.

Abraham Lincoln's Religion (Hardcover): Stephen J. Vicchio Abraham Lincoln's Religion (Hardcover)
Stephen J. Vicchio
R1,186 R993 Discovery Miles 9 930 Save R193 (16%) Ships in 10 - 15 working days
Critical Legal Studies and the Campaign for American Law Schools - A Revolution to Break the Liberal Consensus (Hardcover, 1st... Critical Legal Studies and the Campaign for American Law Schools - A Revolution to Break the Liberal Consensus (Hardcover, 1st ed. 2021)
Paul Baumgardner
R1,991 Discovery Miles 19 910 Ships in 12 - 19 working days

Recent political science research into the American legal academy has been 'captured by conservatism'-this research has framed the institutional and ideological developments occurring within the law schools over the past forty years solely through the prism of modern conservatism. As a result, political scientists have ignored the political struggles of one of the most important legal reform movements of the 1980s and overlooked the hope for leftist reform that existed within American law schools during this period. Critical Legal Studies and the Campaign for American Law Schools tells the story of the critical legal studies movement. This formidable movement sought to fundamentally reconstruct law schools, train a new generation of leftist lawyers, and replace the dominant form of legal consciousness governing the American legal system. Instead of projecting a fatalism onto leftist reform, this book relies on extensive archival research and interviews to illuminate the radical potential that lived in the American legal academy of the 1980s. The critical legal studies movement was a towering presence in the law schools, and its legacy continues to hold out political possibilities and reform lessons for leftist legal scholars today.

Deeds and Words - Gendering Politics after Joni Lovenduski (Hardcover): Rosie Campbell Deeds and Words - Gendering Politics after Joni Lovenduski (Hardcover)
Rosie Campbell
R2,668 Discovery Miles 26 680 Ships in 10 - 15 working days

How does feminism shake up political science, the study of politics and electoral politics? What difference do feminist political scientists and politicians make to political institutions, policy processes and outcomes? The scholarship and activism of pioneering feminist political scientist Professor Joni Lovenduski helped establish these questions on the political science agenda. This book addresses key themes in Lovenduski's seminal work. State-of-the-art chapters by leading scholars cover gender and parties; elected institutions and the state; quotas and recruitment; public opinion and women's interests. Vignettes by prominent politicians and practitioners, including Dame Anne Begg MP, Baroness Gould, Deborah Mattinson, and the Rt Hon Theresa May, bring the academic analysis to life. Deeds and Words reveals the impact of feminist interventions on politics in the round. Its groundbreaking assessment of feminist scholarship and politics offers an appraisal of, and fitting tribute to, Lovenduski's own contribution to gender studies and feminist politics.

Federalism, the Supreme Court, and the Seventeenth Amendment - The Irony of Constitutional Democracy (Hardcover): Ralph A.... Federalism, the Supreme Court, and the Seventeenth Amendment - The Irony of Constitutional Democracy (Hardcover)
Ralph A. Rossum
R3,134 Discovery Miles 31 340 Ships in 12 - 19 working days

Abraham Lincoln worried that the 'walls' of the constitution would ultimately be leveled by the 'silent artillery of time.' His fears materialized with the 1913 ratification of the Seventeenth Amendment, which, by eliminating federalism's structural protection, altered the very nature and meaning of federalism. Ralph A. Rossum's provocative new book considers the forces unleashed by an amendment to install the direct election of U.S. Senators. Far from expecting federalism to be protected by an activist court, the Framers, Rossum argues, expected the constitutional structure, particularly the election of the Senate by state legislatures, to sustain it. In Federalism, the Supreme Court, and the Seventeenth Amendment Rossum challenges the fundamental jurisprudential assumptions about federalism. He also provides a powerful indictment of the controversial federalist decisions recently handed down by an activist U.S. Supreme Court seeking to fill the gap created by the Seventeenth Amendment's ratification and protect the original federal design. Rossum's masterful handling of the development of federalism restores the true significance to an amendment previously consigned to the footnotes of history. It demonstrates how the original federal design has been amended out of existence; the interests of states as states abandoned and federalism left unprotected, both structurally and democratically. It highlights the ultimate irony of constitutional democracy: that an amendment intended to promote democracy, even at the expense of federalism, has been undermined by an activist court intent on protecting federalism, at the expense of democracy.

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