Download or read book The Administrative Threat written by Philip Hamburger and published by Encounter Books. This book was released on 2017-05-02 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt: Government agencies regulate Americans in the full range of their lives, including their political participation, their economic endeavors, and their personal conduct. Administrative power has thus become pervasively intrusive. But is this power constitutional? A similar sort of power was once used by English kings, and this book shows that the similarity is not a coincidence. In fact, administrative power revives absolutism. On this foundation, the book explains how administrative power denies Americans their basic constitutional freedoms, such as jury rights and due process. No other feature of American government violates as many constitutional provisions or is more profoundly threatening. As a result, administrative power is the key civil liberties issue of our era.
Download or read book Is Administrative Law Unlawful written by Philip Hamburger and published by University of Chicago Press. This book was released on 2014-05-27 with total page 646 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Hamburger argues persuasively that America has overlaid its constitutional system with a form of governance that is both alien and dangerous.” —Law and Politics Book Review While the federal government traditionally could constrain liberty only through acts of Congress and the courts, the executive branch has increasingly come to control Americans through its own administrative rules and adjudication, thus raising disturbing questions about the effect of this sort of state power on American government and society. With Is Administrative Law Unlawful?, Philip Hamburger answers this question in the affirmative, offering a revisionist account of administrative law. Rather than accepting it as a novel power necessitated by modern society, he locates its origins in the medieval and early modern English tradition of royal prerogative. Then he traces resistance to administrative law from the Middle Ages to the present. Medieval parliaments periodically tried to confine the Crown to governing through regular law, but the most effective response was the seventeenth-century development of English constitutional law, which concluded that the government could rule only through the law of the land and the courts, not through administrative edicts. Although the US Constitution pursued this conclusion even more vigorously, administrative power reemerged in the Progressive and New Deal Eras. Since then, Hamburger argues, administrative law has returned American government and society to precisely the sort of consolidated or absolute power that the US Constitution—and constitutions in general—were designed to prevent. With a clear yet many-layered argument that draws on history, law, and legal thought, Is Administrative Law Unlawful? reveals administrative law to be not a benign, natural outgrowth of contemporary government but a pernicious—and profoundly unlawful—return to dangerous pre-constitutional absolutism.
Download or read book Law and Leviathan written by Cass R. Sunstein and published by Belknap Press. This book was released on 2020-09-15 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the Scribes Book Award “As brilliantly imaginative as it is urgently timely.” —Richard H. Fallon, Jr., Harvard Law School “At no time more than the present, a defense of expertise-based governance and administration is sorely needed, and this book provides it with gusto.” —Frederick Schauer, author of The Proof A highly original framework for restoring confidence in a government bureaucracy increasingly derided as “the deep state.” Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? America has long been divided over these questions, but the debate has recently taken on more urgency and spilled into the streets. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed so long as public officials are constrained by morality and guided by stable rules. Officials should make clear rules, ensure transparency, and never abuse retroactivity, so that current guidelines are not under constant threat of change. They should make rules that are understandable and avoid issuing contradictory ones. These principles may seem simple, but they have a great deal of power. Already, they limit the activities of administrative agencies every day. In more robust form, they could address some of the concerns of critics who decry the “deep state” and yearn for its downfall. “Has something to offer both critics and supporters...a valuable contribution to the ongoing debate over the constitutionality of the modern state.” —Review of Politics “The authors freely admit that the administrative state is not perfect. But, they contend, it is far better than its critics allow.” —Wall Street Journal
Download or read book The Fifth Risk Undoing Democracy written by Michael Lewis and published by W. W. Norton & Company. This book was released on 2018-10-02 with total page 137 pages. Available in PDF, EPUB and Kindle. Book excerpt: The New York Times Bestseller, with a new afterword "[Michael Lewis’s] most ambitious and important book." —Joe Klein, New York Times Michael Lewis’s brilliant narrative of the Trump administration’s botched presidential transition takes us into the engine rooms of a government under attack by its leaders through willful ignorance and greed. The government manages a vast array of critical services that keep us safe and underpin our lives from ensuring the safety of our food and drugs and predicting extreme weather events to tracking and locating black market uranium before the terrorists do. The Fifth Risk masterfully and vividly unspools the consequences if the people given control over our government have no idea how it works.
Download or read book The Administrative State written by Dwight Waldo and published by Routledge. This book was released on 2017-09-04 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: This classic text, originally published in 1948, is a study of the public administration movement from the viewpoint of political theory and the history of ideas. It seeks to review and analyze the theoretical element in administrative writings and to present the development of the public administration movement as a chapter in the history of American political thought.The objectives of The Administrative State are to assist students of administration to view their subject in historical perspective and to appraise the theoretical content of their literature. It is also hoped that this book may assist students of American culture by illuminating an important development of the first half of the twentieth century. It thus should serve political scientists whose interests lie in the field of public administration or in the study of bureaucracy as a political issue; the public administrator interested in the philosophic background of his service; and the historian who seeks an understanding of major governmental developments.This study, now with a new introduction by public policy and administration scholar Hugh Miller, is based upon the various books, articles, pamphlets, reports, and records that make up the literature of public administration, and documents the political response to the modern world that Graham Wallas named the Great Society. It will be of lasting interest to students of political science, government, and American history.
Download or read book Constitutional Coup written by Jon D. Michaels and published by Harvard University Press. This book was released on 2017-10-23 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Americans hate bureaucracy—though they love the services it provides—and demand that government run like a business. Hence today’s privatization revolution. Jon Michaels shows how the fusion of politics and profits commercializes government and consolidates state power in ways the Constitution’s framers endeavored to disaggregate.
Download or read book Unmasking the Administrative State written by John Marini and published by . This book was released on 2019 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The election of Donald J. Trump to the presidency shocked the political establishment, triggering a wave of hysteria among the bicoastal elite that may yet never subside. The biggest shockwaves of all however were felt not in the progressive parishes of Manhattan or San Francisco, but in the halls of the political elite's cherished and oft-overlooked center of power: Washington, D.C.'s sprawling 'administrative state.' For President Trump represented an existential threat to its denizens, which came to be known as 'swamp creatures.' How did it come to pass that the 'deconstruction' of this obscure institution - the 'draining of the swamp' - would become a core aim of the Trump administration, impacting everything from judicial appointments to the federal budget and regulatory policy? Could public aversion to policies and practices for which the administrative state was sometimes surreptitiously and other times overtly responsible explain President Trump's rise? What was the intellectual basis for the argument that the administrative state need be dismantled in the first place? The answers to these questions and many more lie in the underappreciated but revolutionary scholarship of Professor John Marini, collected in his timely, comprehensive, accessible new book, Unmasking the Administrative State"--
Download or read book Threat Assessment and Management Strategies written by Frederick S. Calhoun and published by CRC Press. This book was released on 2017-07-27 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: The field of threat assessment and the research surrounding it have exploded since the first edition of Threat Assessment and Management Strategies: Identifying the Howlers and Hunters. To reflect those changes, this second edition contains more than 100 new pages of material, including several new chapters, charts, and illustrations, as well as up
Download or read book Law and Judicial Duty written by Philip HAMBURGER and published by Harvard University Press. This book was released on 2009-06-30 with total page 705 pages. Available in PDF, EPUB and Kindle. Book excerpt: Philip Hamburger’s Law and Judicial Duty traces the early history of what is today called "judicial review." The book sheds new light on a host of misunderstood problems, including intent, the status of foreign and international law, the cases and controversies requirement, and the authority of judicial precedent. The book is essential reading for anyone concerned about the proper role of the judiciary.
Download or read book Purchasing Submission written by Philip Hamburger and published by Harvard University Press. This book was released on 2021-09-07 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Òunconstitutional conditionsÓÑthose that threaten constitutional rightsÑbut 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 ConstitutionÕs 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 powerÑan irregular pathwayÑby 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.
Download or read book International Handbook of Threat Assessment written by J. Reid Meloy and published by Oxford University Press. This book was released on 2021 with total page 761 pages. Available in PDF, EPUB and Kindle. Book excerpt: Revised edition of International handbook of threat assessment, [2014]
Download or read book Introduction to Homeland Security written by Jane Bullock and published by Elsevier. This book was released on 2012-01-03 with total page 688 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides a comprehensive account of past and current homeland security reorganization and practices, policies and programs in relation to government restructuring.
Download or read book Impact of School Shootings on Classroom Culture Curriculum and Learning written by Crews, Gordon A. and published by IGI Global. This book was released on 2021-09-24 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: Different areas of inquiry have addressed the tragedy of school shootings and their deeply disruptive impacts upon school culture, classrooms, and student learning in this contemporary moment. Therefore, it is important to bring together interdisciplinary research on the long-term impacts of these events on students, teachers, and communities. In an age where arming classroom teachers is a serious policy initiative, there is a question of how a culture of fear manifests itself in those involved in school systems. There is a need to study these effects and implications in a time where violence and school shootings appear to have become more common than ever before. Hence, there is a need for diverse perspectives in this area of complex and urgent inquiry. Impact of School Shootings on Classroom Culture, Curriculum, and Learning explores the manifestations of the threat of school shootings and the aftermath of such tragic events through an interdisciplinary approach including but not limited to inquiries from educational psychology, sociology, educational philosophy, school leadership, and school culture with a view towards understanding the enduring and obscured effects of school shootings beyond the prevailing emphasis on facility safety and security. While chapters highlight topics such as resilience and recovery, school culture, sociology of schools, leadership and school regulation, and many more areas of interest, this book is ideal for educational leaders and administrators, classroom teachers, counselors, therapists, psychologists, school division trustees, law enforcement, policymakers, researchers, academicians, and students looking for the impacts and aftermath of school shootings on all aspects of education.
Download or read book Regime Threats and State Solutions written by Mai Hassan and published by Cambridge University Press. This book was released on 2020-04-02 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: Delving inside the state, Hassan shows how leaders politicize bureaucrats to maintain power, even after the introduction of multi-party elections.
Download or read book Threat written by Abeer Baker and published by Pluto Press. This book was released on 2011-06-15 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Palestinian prisoners charged with security-related offences are immediately taken as a threat to Israel's security. They are seen as potential, if not actual, suicide bombers. This stereotype ignores the political nature of the Palestinian prisoners' actions and their desire for liberty. By highlighting the various images of Palestinian prisoners in the Israel-Palestine conflict, Abeer Baker and Anat Matar chart their changing fortunes. Essays written by prisoners, ex-prisoners, Human rights defenders, lawyers and academic researchers analyze the political nature of imprisonment and Israeli attitudes towards Palestinian prisoners. These contributions deal with the prisoners' status within Palestinian society, the conditions of their imprisonment and various legal procedures used by the Israeli military courts in order to criminalize and de-politicize them. Also addressed are Israel's breaches of international treaties in its treatment of the Palestinian prisoners, practices of torture and solitary confinement, exchange deals and prospects for release. This is a unique intervention within Middle East studies that will inspire those working in human rights, international law and the peace process.
Download or read book Separation of Church and State written by Philip HAMBURGER and published by Harvard University Press. This book was released on 2009-06-30 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a powerful challenge to conventional wisdom, Philip Hamburger argues that the separation of church and state has no historical foundation in the First Amendment. The detailed evidence assembled here shows that eighteenth-century Americans almost never invoked this principle. Although Thomas Jefferson and others retrospectively claimed that the First Amendment separated church and state, separation became part of American constitutional law only much later. Hamburger shows that separation became a constitutional freedom largely through fear and prejudice. Jefferson supported separation out of hostility to the Federalist clergy of New England. Nativist Protestants (ranging from nineteenth-century Know Nothings to twentieth-century members of the K.K.K.) adopted the principle of separation to restrict the role of Catholics in public life. Gradually, these Protestants were joined by theologically liberal, anti-Christian secularists, who hoped that separation would limit Christianity and all other distinct religions. Eventually, a wide range of men and women called for separation. Almost all of these Americans feared ecclesiastical authority, particularly that of the Catholic Church, and, in response to their fears, they increasingly perceived religious liberty to require a separation of church from state. American religious liberty was thus redefined and even transformed. In the process, the First Amendment was often used as an instrument of intolerance and discrimination.
Download or read book Underwater written by Rebecca Elliott and published by Columbia University Press. This book was released on 2021-01-05 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: Communities around the United States face the threat of being underwater. This is not only a matter of rising waters reaching the doorstep. It is also the threat of being financially underwater, owning assets worth less than the money borrowed to obtain them. Many areas around the country may become economically uninhabitable before they become physically unlivable. In Underwater, Rebecca Elliott explores how families, communities, and governments confront problems of loss as the climate changes. She offers the first in-depth account of the politics and social effects of the U.S. National Flood Insurance Program (NFIP), which provides flood insurance protection for virtually all homes and small businesses that require it. In doing so, the NFIP turns the risk of flooding into an immediate economic reality, shaping who lives on the waterfront, on what terms, and at what cost. Drawing on archival, interview, ethnographic, and other documentary data, Elliott follows controversies over the NFIP from its establishment in the 1960s to the present, from local backlash over flood maps to Congressional debates over insurance reform. Though flood insurance is often portrayed as a rational solution for managing risk, it has ignited recurring fights over what is fair and valuable, what needs protecting and what should be let go, who deserves assistance and on what terms, and whose expectations of future losses are used to govern the present. An incisive and comprehensive consideration of the fundamental dilemmas of moral economy underlying insurance, Underwater sheds new light on how Americans cope with loss as the water rises.
