Download or read book Constitutional Construction written by Keith E. Whittington and published by Harvard University Press. This book was released on 2009-06-01 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that the Constitution has a dual nature. The first aspect, on which legal scholars have focused, is the degree to which the Constitution acts as a binding set of rules that can be neutrally interpreted and externally enforced by the courts against government actors. This is the process of constitutional interpretation. But according to Keith Whittington, the Constitution also permeates politics itself, to guide and constrain political actors in the very process of making public policy. In so doing, it is also dependent on political actors, both to formulate authoritative constitutional requirements and to enforce those fundamental settlements in the future. Whittington characterizes this process, by which constitutional meaning is shaped within politics at the same time that politics is shaped by the Constitution, as one of construction as opposed to interpretation. Whittington goes on to argue that ambiguities in the constitutional text and changes in the political situation push political actors to construct their own constitutional understanding. The construction of constitutional meaning is a necessary part of the political process and a regular part of our nation's history, how a democracy lives with a written constitution. The Constitution both binds and empowers government officials. Whittington develops his argument through intensive analysis of four important cases: the impeachments of Justice Samuel Chase and President Andrew Johnson, the nullification crisis, and reforms of presidential-congressional relations during the Nixon presidency.
Download or read book The Constitutional Divide written by William P. Kreml and published by Univ of South Carolina Press. This book was released on 1997 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: Annotation. William P. Kreml contends that the sectoral divide - the division between the public and private sectors and not the divisions among America's political institutions are traditionally understood - makes up the historically and ideologically most significant separation within American law. He offers an original reinterpretation of American Constitutional development, tracing the evolution of the private and public sectors through the Magna Carta, Edward I, Coke, Blackstone, and others and assessing the impact of the English sectoral divide on the U.S. Constitution. Kreml writes that the evolution of the ideological argument between English common law and English state law had a direct impact on the development of the private and public jurisdictions within the pre-Constitutional American states as well as on the Constitutional argument between the Federalists and the Anti-Federalists. The same sectoral differentiation, Kreml maintains, underpinned the highly distinctive ideological perspectives ofthe Constitution and the Bill of Rights. Kreml then traces the sectoral divide through U.S. legal history, arguing, for example, that Roe v. Wade was not a privacy case as is commonly believed and that the open housing case of Shelley v. Kraemer was not a public-sector-enhancing case but rather a victory for private common law principles. Kreml employs a sectoral analysis to what he believes to be the Burger Court's incorrect decision in the campaign finance case of Buckley v. Valeo, and he offers an original reinterpretation of the judicial activism of the Warren Court and the differentiation between early Constitutional and Warren-era forms of political majoritarianism.
Download or read book A Court Divided written by Mark V. Tushnet and published by W. W. Norton & Company. This book was released on 2005 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this authoritative reckoning with the eighteen-year record of the Rehnquist Court, Georgetown law professor Mark Tushnet reveals how the decisions of nine deeply divided justices have left the future of the Court; and the nation; hanging in the balance. Many have assumed that the chasm on the Court has been between its liberals and its conservatives. In reality, the division was between those in tune with the modern post-Reagan Republican Party and those who, though considered to be in the Court's center, represent an older Republican tradition. As a result, the Court has modestly promoted the agenda of today's economic conservatives, but has regularly defeated the agenda of social issues conservatives; while paving the way for more radically conservative path in the future.
Download or read book Joseph V Hughes Jr and Holly O Hughes Series on the Presidency and Leadership written by Russell L. Riley and published by Texas A&M University Press. This book was released on 2010 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bridging the Constitutional Divide: Inside the White House Office of Legislative Affairs is sure to fascinate, and even to entertain, scholars, students, and general readers interested in the ever-shifting relationship of the presidency to the legislative branch.
Download or read book The Federalist Papers written by Alexander Hamilton and published by Read Books Ltd. This book was released on 2018-08-20 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.
Download or read book Constitutionalism in Context written by David S. Law and published by . This book was released on 2022-02-09 with total page 612 pages. Available in PDF, EPUB and Kindle. Book excerpt: With its emphasis on emerging and cutting-edge debates in the study of comparative constitutional law and politics, its suitability for both research and teaching use, and its distinguished and diverse cast of contributors, this handbook is a must-have for scholars and instructors alike. This versatile volume combines the depth and rigor of a scholarly reference work with features for teaching in law and social science courses. Its interdisciplinary case-study approach provides political and historical as well as legal context: each modular chapter offers an overview of a topic and a jurisdiction, followed by a case study that simultaneously contextualizes both. Its forward-looking and highly diverse selection of topics and jurisdictions fills gaps in the literature on the Global South as well as the West. A timely section on challenges to liberal constitutional democracy addresses pressing concerns about democratic backsliding and illiberal and/or authoritarian regimes.
Download or read book Divided Government written by Peter F. Galderisi and published by Rowman & Littlefield. This book was released on 1996 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the relationship between the executive and legislative branches of the federal government becomes increasingly hostile, more Americans are wondering whether national politics can be described as gridlock or good government. This provocative and insightful collection of original essays provides answers by exploring the complicated nature and multiple implications of divided government in the United States. The distinguished contributors analyze the consequences of the 1992 and 1994 elections and argue that discussions of divided government are too narrowly focused on the issue of partisan division of governmental institutions. Divided Government convincingly shows how political scientists have downplayed the significance of Constitutional rules, legislative policy disaggregation, and the decline of party organization. They conclude that divided government, in its broader institutional context, will continue regardless of which parties control the different branches.
Download or read book American Government 3e written by Glen Krutz and published by . This book was released on 2023-05-12 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Black & white print. American Government 3e aligns with the topics and objectives of many government courses. Faculty involved in the project have endeavored to make government workings, issues, debates, and impacts meaningful and memorable to students while maintaining the conceptual coverage and rigor inherent in the subject. With this objective in mind, the content of this textbook has been developed and arranged to provide a logical progression from the fundamental principles of institutional design at the founding, to avenues of political participation, to thorough coverage of the political structures that constitute American government. The book builds upon what students have already learned and emphasizes connections between topics as well as between theory and applications. The goal of each section is to enable students not just to recognize concepts, but to work with them in ways that will be useful in later courses, future careers, and as engaged citizens. In order to help students understand the ways that government, society, and individuals interconnect, the revision includes more examples and details regarding the lived experiences of diverse groups and communities within the United States. The authors and reviewers sought to strike a balance between confronting the negative and harmful elements of American government, history, and current events, while demonstrating progress in overcoming them. In doing so, the approach seeks to provide instructors with ample opportunities to open discussions, extend and update concepts, and drive deeper engagement.
Download or read book The Divided States of America written by Donald F. Kettl and published by Princeton University Press. This book was released on 2022-03-15 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: "As James Madison led America's effort to write its Constitution, he made two great inventions-the separation of powers and federalism. The first is more famous, but the second was most essential because, without federalism, there could have been no United States of America. Federalism has always been about setting the balance of power between the federal government and the states-and that's revolved around deciding just how much inequality the country was prepared to accept in exchange for making piece among often-warring states. Through the course of its history, the country has moved through a series of phases, some of which put more power into the hands of the federal government, and some rested more power in the states. Sometimes this rebalancing led to armed conflict. The Civil War, of course, almost split the nation permanently apart. And sometimes it led to political battles. By the end of the 1960s, however, the country seemed to have settled into a quiet agreement that inequality was a prime national concern, that the federal government had the responsibility for addressing it through its own policies, and that the states would serve as administrative agents of that policy. But as that agreement seemed set, federalism drifted from national debate, just as the states began using their administrative role to push in very different directions. The result has been a rising tide of inequality, with the great invention that helped create the nation increasingly driving it apart"--
Download or read book Constitution written by United States and published by . This book was released on 1893 with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Constitutional Design for Divided Societies written by Sujit Choudhry and published by OUP Oxford. This book was released on 2008-03-27 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: How should constitutional design respond to the opportunities and challenges raised by ethnic, linguistic, religious, and cultural differences, and do so in ways that promote democracy, social justice, peace and stability? This is one of the most difficult questions facing societies in the world today. There are two schools of thought on how to answer this question. Under the heading of accommodation, some have argued for the need to recognize, institutionalize and empower differences. There are a range of constitutional instruments available to achieve this goal, such as multinational federalism and administrative decentralization, legal pluralism (e.g. religious personal law), other forms of non-territorial minority rights (e.g. minority language and religious education rights), consociationalism, affirmative action, legislative quotas, etc. But others have countered that such practices may entrench, perpetuate and exacerbate the very divisions they are designed to manage. They propose a range of alternative strategies that fall under the rubric of integration that will blur, transcend and cross-cut differences. Such strategies include bills of rights enshrining universal human rights enforced by judicial review, policies of disestablishment (religious and ethnocultural), federalism and electoral systems designed specifically to include members of different groups within the same political unit and to disperse members of the same group across different units, are some examples. In this volume, leading scholars of constitutional law, comparative politics and political theory address the debate at a conceptual level, as well as through numerous country case-studies, through an interdisciplinary lens, but with a legal and institutional focus.
Download or read book Notes on the State of Virginia written by Thomas Jefferson and published by . This book was released on 1787 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Great Divide written by Frank M. Robinson and published by Tor Books. This book was released on 2004-07-11 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the hallowed halls of the capital, some who have sworn to preserve our nation's union are secretly plotting its demise ... and they are willing to kill to achieve their goals. The country has been split into two distinct factions over energy - "the haves" (those states that are fuel self-sufficient) and "the have nots". The inept execution of a flawed foreign policy in the Middle East has resulted in an Arab-backed oil embargo of the United States. Now the country is in the grips of the most severe winter in years, and rationing has led to unrest and rioting in the streets and certain politicians and business power brokers are ready to make a move. As masses freeze in Chicago and the northeast, fuel-sufficient sunbelt conspirators seek to separate themselves from the rest of the nation, make their own foreign policy, and govern by their own rules and to do it they will resort to blackmail, bribery, and even murder. The Constitution is only a stumbling block, and it can be amended. The United States will be united no more. At the Publisher's request, this title is being sold without Digital Rights Management Software (DRM) applied.
Download or read book A More Perfect Union written by and published by National Archives & Records Administration. This book was released on 1986 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reprint. Originally published : Washington, D.C. : National Archives Trust Fund Board, 1978.
Download or read book Defending Freedom of Contract Constitutional Solutions to Resolve the Political Divide written by Patrick Bohan and published by Lulu.com. This book was released on 2019-06-13 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: The progressive movement that began in the late nineteenth century was a nonviolent coup d tat changing the United States of America from a republic that promoted equal rights for all to a democracy where the majority rules. As a result, moral and social justice was and is used by the federal government to protect the rights of some while mitigating the rights of others. Patrick Bohan, who has studied constitutional law in depth, examines the revolution in detail in this treatise, demonstrating how freedom of contract can be applied to protect the fundamental rights of each citizen equally. The author evaluates hundreds of laws, cases, and examples of justice gone wrong for issues such as slavery, abortion rights, elections, welfare rights, free speech, freedom of religion, civil rights, property rights, contract rights, gay rights, alien rights, and other important topics that polarize Americans.
Download or read book The Spirit of Laws written by Charles de Secondat baron de Montesquieu and published by . This book was released on 1900 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The United States Constitution written by Elgin L. Hushbeck, Jr. and published by Energion Publications. This book was released on 2022-07-26 with total page 86 pages. Available in PDF, EPUB and Kindle. Book excerpt: “That’s not constitutional” is a frequent claim in political debates in the United States. But how does one determine what is constitutional? Why do we disagree on this point? While the United States Constitution is the supreme law of the land, it is also a source of great controversy. It establishes the fundamental framework of our system of government, while differences in how to understand and interpret it often divide people. The United States Constitution: A History takes a fresh look at the Constitution, its origins, and controversies, from the founding of the country and its creation at the Constitutional Convention to the present. It examines the various controversies that divided the convention, why they existed, and how they were resolved to give us the government we have. In the 19th century, the main conflict was over race and slavery, with pro-Slavery forces rejecting the Declaration of Independence and its claim that all men are created equal, ultimately resulting in the civil war. The 20th century saw a new and different challenge in Progressivism with values and goals distinctly different from those of the founders. Today the nation is split over these two distinctly different views of the Constitution. One side sees a document written by the founders and amended 27 times since. The other sees a Living Constitution whose meaning grows and evolves with the ever-changing country. The United States Constitution: A History traces these conflicts as they have developed since the Constitution was adopted. It looks at the understanding of the document from Marbury v. Madison up to and including Dobbs v. Jackson Women’s Health Organization. With the good decisions such as Brown v. Board of Education and the bad such as Dred Scott v. Sandford and Plessy v. Ferguson, the various views of the Constitution have shaped our society for good and ill. The United States Constitution: A History will give you a better understanding of these controversies, why they exist and how they continue to divide the country.
