Constitutionalism Executive Power And The Spirit Of Moderation

Author : Giorgi Areshidze,Paul O. Carrese,Suzanna Sherry
Publisher : SUNY Press
Page : 418 pages
File Size : 42,8 Mb
Release : 2016-05-20
Category : Political Science
ISBN : 9781438460413

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Constitutionalism, Executive Power, and the Spirit of Moderation by Giorgi Areshidze,Paul O. Carrese,Suzanna Sherry Pdf

Leading scholars and legal practitioners explore constitutional, legal, and philosophical topics. In Constitutionalism, Executive Power, and the Spirit of Moderation, contributors ranging from scholars to practitioners in the federal executive and judicial branches blend philosophical and political modes of analysis to examine a variety of constitutional, legal, and philosophical topics. Part 1, “The Role of Courts in Constitutional Democracy,” analyzes the proper functions and limits of the judiciary and judicial decision making in constitutional government. Part 2, “Law and Executive Authority,” reflects on the tensions between constitutionalism and presidential leadership in both domestic and international arenas. Part 3, “Liberal Education, Constitutionalism, and Philosophic Moderation,” shifts the focus to the relationship between constitutionalism and political philosophy, and especially to the modern modes of philosophy that most directly influenced the American Founders. A valuable resource for specialists, the book also will be of use in political science and law school classes.

Author : M. J. C. Vile
Publisher : Unknown
Page : 480 pages
File Size : 41,7 Mb
Release : 1998
Category : History
ISBN : STANFORD:36105060430381

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Constitutionalism and the Separation of Powers by M. J. C. Vile Pdf

Arguably no political principle has been more central than the separation of powers to the evolution of constitutional governance in Western democracies. In the definitive work on the subject, M. J. C. Vile traces the history of the doctrine from its rise during the English Civil War, through its development in the eighteenth century - when it was indispensable to the founders of the American republic - through subsequent political thought and constitution-making in Britain, France, and the United States. The author concludes with an examination of criticisms of the doctrine by both behavioralists and centralizers - and with "A Model of a Theory of Constitutionalism."

Author : Alexander Hiland
Publisher : Rowman & Littlefield
Page : 255 pages
File Size : 46,6 Mb
Release : 2019-10-21
Category : Language Arts & Disciplines
ISBN : 9781498598262

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Presidential Power, Rhetoric, and the Terror Wars by Alexander Hiland Pdf

Presidential Power, Rhetoric, and the Terror Wars: The Sovereign Presidency argues that the War on Terror provided an opportunity to fundamentally change the presidency. Alexander Hiland analyzes the documents used to exercise presidential powers, including executive orders, signing statements, and presidential policy directives. Treating these documents as genres of speech-act that are ideologically motivated, Hiland provides a rhetorical criticism that illuminates the values and political convictions at play in these documents. This book reveals how both President George W. Bush and President Barack Obama wielded the personal power of the office to dramatically expand the power of the executive branch. During the War on Terror, the presidency shifted from an imperial form that avoided checks and balances, to a sovereign presidency where the executive branch had the ability to decide whether those checks and balances existed. As a result, Hiland argues that this shift to the sovereign presidency enabled the violation of human rights, myriad policy mistakes, and the degradation of democracy within the United States.

Author : Bryan-Paul Frost,Jeffrey Sikkenga
Publisher : Rowman & Littlefield
Page : 963 pages
File Size : 48,5 Mb
Release : 2019-01-08
Category : Political Science
ISBN : 9781498558709

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History of American Political Thought by Bryan-Paul Frost,Jeffrey Sikkenga Pdf

Revised and updated, this long-awaited second edition provides a comprehensive introduction to what the most thoughtful Americans have said about the American experience from the colonial period to the present. The book examines the political thought of the most important American statesmen, activists, and writers across era and ideologies, helping another generation of students, scholars, and citizens to understand more fully the meaning of America. This new second edition of the book includes chapters on several additional historical figures, including Walt Whitman, Lyndon Baines Johnson, and Ronald Reagan, as well as a new chapter on Barack Obama, who was not prominent in public life when the first edition was published. Significant revisions and additions have also been made to many of the original chapters, most notably on Antonin Scalia, which now updates his full legacy, increasing the breadth and depth of the collection.

Author : Dorothy F. Olshfski,Robert B. Cunningham
Publisher : State University of New York Press
Page : 170 pages
File Size : 42,7 Mb
Release : 2009-01-01
Category : Political Science
ISBN : 9780791478981

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Agendas and Decisions by Dorothy F. Olshfski,Robert B. Cunningham Pdf

Studies how state-level public executives and managers in Tennessee decide and implement policy.

Author : Stephen Gardbaum
Publisher : Cambridge University Press
Page : 275 pages
File Size : 42,6 Mb
Release : 2013-01-03
Category : Law
ISBN : 9781107009288

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The New Commonwealth Model of Constitutionalism by Stephen Gardbaum Pdf

Stephen Gardbaum proposes and examines a new way of protecting rights in a democracy.

Author : Jacques Necker
Publisher : Liberty Fund
Page : 416 pages
File Size : 42,6 Mb
Release : 2020
Category : Political Science
ISBN : 0865979138

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On Executive Power in Great States by Jacques Necker Pdf

Jacques Necker (17321804) was a Swiss statesman and financier who played a crucial role in French political life from 1776 to 1789. Born in Geneva, he was a devout Protestant who amassed considerable wealth as a successful banker. In October 1776, he was appointed as director of the Royal Treasury and, later, in June 1777, as director general of finances of France under Louis XVI. While in charge of the finances of the kingdom, his most famous decision, in 1781, was to make public the budget of France for the first time, a novel practice in an absolute monarchy. His work On Executive Power in Great States (1792) is arguably one of the most important texts ever written on the issue of executive power in modern society. It includes memorable formulations regarding liberty and public spirit among the English and the Americans, the relation between economic prosperity and political freedom, and the seminal influence of religion and morals on liberty. Necker provides a defense of representative government and offers an examination of the French political system, which he compares on several occasions with England and America. Before Tocqueville, Necker understood the importance of America for the Old World as the first successful example of popular self-government and free institutions. In his book, Necker called upon French legislators to study the principles of the U.S. Constitution. His bold innovation was to replace the theory of the functional separation of powers with the intertwining of powers that were dependent upon the existence of effective links between the executive and the legislative. In the absence of such links, Necker maintained, all would be contest and confusion. Neckers fundamental premise was that it would be impossible to establish effective cooperation between different powers solely through the exercise of constant watchfulness and mutual distrust. Although Necker was one of the most important politicians in France before and during the French Revolution, he has been largely ignored as a political thinker. This is the first modern edition of Neckers important work, shedding fresh light on the timely topics of executive power, constitutionalism and the rule of law, federalism, balance of power, and the dependence of liberty on morality and religion. Professor Aurelian Craiutu significantly revised and corrected the 1792 English translation and added explanatory notes, an introduction, and a select bibliography.

Author : Paul Carrese
Publisher : Cambridge University Press
Page : 245 pages
File Size : 41,6 Mb
Release : 2016-04-15
Category : Philosophy
ISBN : 9781107121058

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Democracy in Moderation by Paul Carrese Pdf

A rediscovery of Montesquieu's legacy in shaping America's complex political order including influence on Washington's practical moderation.

Author : Ethel L. Mickey,Adia Harvey Wingfield
Publisher : Emerald Group Publishing
Page : 281 pages
File Size : 53,5 Mb
Release : 2018-10-29
Category : Social Science
ISBN : 9781787695023

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Race, Identity and Work by Ethel L. Mickey,Adia Harvey Wingfield Pdf

This volume examines the connections between race and work, focusing how racial minorities deal with identity in the workplace; how workers of color encounter exclusion, marginalization and sidelining; and strategies minority workers use to combat and change patterns of workplace inequality.

Author : Anne M. Cohler
Publisher : University Press of Kansas
Page : 227 pages
File Size : 42,5 Mb
Release : 2021-10-08
Category : Political Science
ISBN : 9780700631445

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Montesquieu's Comparative Politics and the Spirit of American Constitutionalism by Anne M. Cohler Pdf

“American republicans,” notes Forrest McDonald, “regarded selected doctrines of Montesquieu’s as being virtually on par with Holy Writ.” But exactly how the French jurist’s labyrinthian work, The Spirit of the Laws, with was published in 1748, influenced the eighteenth-century conception of the republic is not well understood by historians or theorists. Anne M. Cohler undertakes to show the importance of Montequieu’s teaching for modern legislation and for modern political prudence generally, with specific reference to his impact on the Federalist and Tocqueville. In so doing, she delineates Montequieu’s contribution to political philosophy and suggests new ways to think about the formation of the American Constitution. To analyze the comparative politics found in the Spirit of the Laws, Cohler focuses on four fundamental principles underlying Montesquieu’s view of government: spirit, moderation, liberty, and legislation. In this endeavor she is guided by the conviction that the philosopher hews to the spirit of the laws rather than to the laws themselves—that is, to internal rather than external principles. Montesquieu, in Cohler’s argument, addresses the problem posed by the tendency to see human beings in light o universal abstractions at the expense of particular relationships, distinctions, and forms. To counter this tendency, which can be fostered by religion, Montesquieu develops a theory of prudence designed to support the world of politics an dpolitical life, necessarily an intermediate world occupying a space between universal abstractions and individual particularities. Cohler suggest that the Federalists and Tocqueville were most influenced by this preoccupation with spirit and moderation. James Madison and other Federalists, for example, were not drawn to limited government as a principled notion but rather as a consequence of understanding the context within which a moderate government must act not to become despotic. Similarly, Tocqueville extols democracy as self-government as an antidote to the dangers of democracy as a rule; the character of the governed shapes the nature of the governors. These and other conclusions will prove valuable to intellectual historians, political theorists, and students of religion.

Author : George Athan Billias
Publisher : NYU Press
Page : 560 pages
File Size : 47,7 Mb
Release : 2011-12
Category : History
ISBN : 9780814725177

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American Constitutionalism Heard Round the World, 1776-1989 by George Athan Billias Pdf

Winner of the 2010 Book Award from the New England Historical Association American constitutionalism represents this country’s greatest gift to human freedom, yet its story remains largely untold. For over two hundred years, its ideals, ideas, and institutions influenced different peoples in different lands at different times. American constitutionalism and the revolutionary republican documents on which it is based affected countless countries by helping them develop their own constitutional democracies. Western constitutionalism—of which America was a part along with Britain and France—reached a major turning point in global history in 1989, when the forces of democracy exceeded the forces of autocracy for the first time. Historian George Athan Billias traces the spread of American constitutionalism—from Europe, Latin America, and the Caribbean region, to Asia and Africa—beginning chronologically with the American Revolution and the fateful "shot heard round the world" and ending with the conclusion of the Cold War in 1989. The American model contributed significantly by spearheading the drive to greater democracy throughout the Western world, and Billias’s landmark study tells a story that will change the way readers view the important role American constitutionalism played during this era.

Author : Sir William Wade
Publisher : Taylor & Francis
Page : 83 pages
File Size : 47,7 Mb
Release : 1980
Category : Constitutional law
ISBN : 0420459103

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Constitutional Fundamentals by Sir William Wade Pdf

Author : Maurice Adams,Anne Meuwese,Ernst Hirsch Ballin
Publisher : Cambridge University Press
Page : 0 pages
File Size : 45,5 Mb
Release : 2018-06-21
Category : Law
ISBN : 1316606279

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Constitutionalism and the Rule of Law by Maurice Adams,Anne Meuwese,Ernst Hirsch Ballin Pdf

Rule of law and constitutionalist ideals are understood by many, if not most, as necessary to create a just political order. Defying the traditional division between normative and positive theoretical approaches, this book explores how political reality on the one hand, and constitutional ideals on the other, mutually inform and influence each other. Seventeen chapters from leading international scholars cover a diverse range of topics and case studies to test the hypothesis that the best normative theories, including those regarding the role of constitutions, constitutionalism and the rule of law, conceive of the ideal and the real as mutually regulating.

Author : Arthur Meier Schlesinger
Publisher : Houghton Mifflin Harcourt
Page : 630 pages
File Size : 50,6 Mb
Release : 2004
Category : Executive power
ISBN : 0618420010

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The Imperial Presidency by Arthur Meier Schlesinger Pdf

Publisher Description

Author : Richard Bellamy
Publisher : Routledge
Page : 622 pages
File Size : 41,8 Mb
Release : 2017-07-05
Category : History
ISBN : 9781351571159

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Constitutionalism and Democracy by Richard Bellamy Pdf

Constitutionalism and democracy have been interpreted as both intimately related and intrinsically opposed. On the one hand constitutions are said to set out the rules of the democratic game, on the other as constraining the power of the demos and their representatives to rule themselves - including by reforming the very processes of democracy itself. Meanwhile, constitutionalists themselves differ on how far any constitution derives its authority from, and should itself be subject to democratic endorsement and interpretation. They also dispute whether constitutions should refer solely to democratic processes, or also define and limit democratic goals. Each of these positions produces a different view of judicial review, the content and advisability of a Bill of Rights and the nature of constitutional politics. These differences are not simply academic positions, but are reflected in the different types of constitutional democracy found in the United States, continental Europe, Britain and many commonwealth countries. The selected essays explore these issues from the perspectives of law, philosophy and political science. A detailed and informative introduction sets them in the context of contemporary debates about constitutionalism.