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Purchasing Submission - Conditions, Power, and Freedom (Hardcover)
Loot Price: R816
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Purchasing Submission - Conditions, Power, and Freedom (Hardcover)
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From a leading constitutional scholar, an important study of a
powerful mode of government control: the offer of money and other
privileges to secure submission to unconstitutional power. The
federal government increasingly regulates by using money and other
benefits to induce private parties and states to submit to its
conditions. It thereby enjoys a formidable power, which sidesteps a
wide range of constitutional and political limits. Conditions are
conventionally understood as a somewhat technical problem of
"unconstitutional conditions"-those that threaten constitutional
rights-but at stake is something much broader and more interesting.
With a growing ability to offer vast sums of money and invaluable
privileges such as licenses and reduced sentences, the federal
government increasingly regulates by placing conditions on its
generosity. In this way, it departs not only from the
Constitution's rights but also from its avenues of binding power,
thereby securing submission to conditions that regulate, that
defeat state laws, that commandeer and reconfigure state
governments, that extort, and even that turn private and state
institutions into regulatory agents. The problem is expansive,
including almost the full range of governance. Conditions need to
be recognized as a new mode of power-an irregular pathway-by which
government induces Americans to submit to a wide range of
unconstitutional arrangements. Purchasing Submission is the first
book to recognize this problem. It explores the danger in depth and
suggests how it can be redressed with familiar and practicable
legal tools.
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