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Author : Christian G. Fritz
Publisher : Cambridge University Press
Page : 425 pages
File Size : 50,9 Mb
Release : 2023-01-31
Category : History
ISBN : 9781009325578
A compelling examination of interposition as a constitutional tool that states use to monitor the federal government and organize resistance.
Author : Christian G. Fritz
Publisher : Cambridge University Press
Page : 128 pages
File Size : 53,7 Mb
Release : 2007-10-29
Category : History
ISBN : 1139467174
American Sovereigns: The People and America's Constitutional Tradition Before the Civil War challenges traditional American constitutional history, theory and jurisprudence that sees today's constitutionalism as linked by an unbroken chain to the 1787 Federal constitutional convention. American Sovereigns examines the idea that after the American Revolution, a collectivity - the people - would rule as the sovereign. Heated political controversies within the states and at the national level over what it meant that the people were the sovereign and how that collective sovereign could express its will were not resolved in 1776, in 1787, or prior to the Civil War. The idea of the people as the sovereign both unified and divided Americans in thinking about government and the basis of the Union. Today's constitutionalism is not a natural inheritance, but the product of choices Americans made between shifting understandings about themselves as a collective sovereign.
Author : Vincent Ostrom
Publisher : University of Michigan Press
Page : 358 pages
File Size : 47,7 Mb
Release : 1997
Category : Political Science
ISBN : 0472084569
Considers the social requirements for a thriving democracy
Author : Christian G. Fritz
Publisher : U of Nebraska Press
Page : 360 pages
File Size : 40,7 Mb
Release : 1991-01-01
Category : History
ISBN : 0803219792
For forty years Ogden Hoffman presided over the federal district court for the Northern District of California, disposing of more than nineteen thousand cases brought before him. Federal Justice in California: The Court of Ogden Hoffman, 1851-1891 considers a career remarkable for longevity and productivity and at the same time examines the operation of a federal trial court in nineteenth-century America - the cases adjudicated, their significance, and the court's impact upon the community. Solidly researched, Christian G. Fritz's book is unique in attending to the law on the level at which it was most often encountered by participants in legal actions. During his four decades on the bench, from the time of the California gold rush to the anti-Chinese movement of the 1880s, Hoffman dealt one-on-one with a cross-section of humanity: through his court came sea captains, seamen seeking their wages, wealthy steamship owners and distraught and injured passengers, and Chinese immigrants. Fritz shows him adjudicating land grant conflicts and bankruptcy cases and presiding over the admiralty, criminal, and common law and equity dockets. The author has examined thousands of Hoffman's cases to gain insight into how nineteenth-century federal trial courts were used, by whom, and with what effect. The successful use that a broad range of plaintiffs made of Hoffman's court requires a re-examination of theories suggesting that law of the period primarily developed and courts largely operated in ways that promoted commercial and entrepreneurial interest. Just as important, Fritz's sensitive analysis of an institution never loses sight of the proud life-long bachelor, native New Yorker, and scion of adistinguished family who always identified himself with his court. Christian G. Fritz is a professor of law at the University of New Mexico.
Author : Robert J. Steinfeld
Publisher : Cambridge University Press
Page : 451 pages
File Size : 51,8 Mb
Release : 2021-09-30
Category : History
ISBN : 9781108839235
A far-reaching re-interpretation of the origins of American judicial review.
Author : Jacob Grumbach
Publisher : Princeton University Press
Page : 288 pages
File Size : 40,9 Mb
Release : 2022-07-19
Category : Political Science
ISBN : 9780691218458
As national political fights are waged at the state level, democracy itself pays the price Over the past generation, the Democratic and Republican parties have each become nationally coordinated political teams. American political institutions, on the other hand, remain highly decentralized. Laboratories against Democracy shows how national political conflicts are increasingly flowing through the subnational institutions of state politics—with profound consequences for public policy and American democracy. Jacob Grumbach argues that as Congress has become more gridlocked, national partisan and activist groups have shifted their sights to the state level, nationalizing state politics in the process and transforming state governments into the engines of American policymaking. He shows how this has had the ironic consequence of making policy more varied across the states as red and blue party coalitions implement increasingly distinct agendas in areas like health care, reproductive rights, and climate change. The consequences don’t stop there, however. Drawing on a wealth of new data on state policy, public opinion, money in politics, and democratic performance, Grumbach traces how national groups are using state governmental authority to suppress the vote, gerrymander districts, and erode the very foundations of democracy itself. Required reading for this precarious moment in our politics, Laboratories against Democracy reveals how the pursuit of national partisan agendas at the state level has intensified the challenges facing American democracy, and asks whether today’s state governments are mitigating the political crises of our time—or accelerating them.
Author : Michael Burgess
Publisher : Routledge
Page : 508 pages
File Size : 55,9 Mb
Release : 2006-09-27
Category : Political Science
ISBN : 9781134219483
A new examination of contemporary federalism and federation, which delivers a detailed theoretical study underpinned by fresh case studies. It is grounded in a clear distinction between 'federations', particular kinds of states, and 'federalism', the thinking that drives and promotes them. It also details the origins, formation, evolution and operations of federal political interests, through an authoritative series of chapters that: analyze the conceptual bases of federalism and federation through the evolution of the intellectual debate on federalism; the American Federal experience; the origins of federal states; and the relationship between state-building and national integration explore comparative federalism and federation by looking at five main pathways into comparative analysis with empirical studies on the US, Canada, Australia, India, Malaysia, Belgium, Germany, Austria, Switzerland and the EU explore the pathology of federations, looking at failures and successes, the impact of globalization. The final chapter also presents a definitive assessment of federal theory. This book will be of great interest to students and researchers of federalism, devolution, comparative politics and government.
Author : Mark J. Rozell,Clyde Wilcox
Publisher : Oxford University Press, USA
Page : 160 pages
File Size : 41,8 Mb
Release : 2019-11-15
Category : Political Science
ISBN : 9780190900052
Early Americans were suspicious of centralized authority and executive power. Casting away the yoke of England and its king, the founding fathers shared in this distrust as they set out to pen the Constitution. Weighing a need for consolidated leadership with a demand for states' rights, they established a large federal republic with limited dominion over the states, leaving most of the governing responsibility with the former colonies. With this dual system of federalism, the national government held the powers of war, taxation, and commerce, and the ability to pass the laws necessary to uphold these functions. Although the federal role has grown substantially since then, states and local governments continue to perform most of the duties in civil and criminal law, business and professional licensing, the management of infrastructure and public services: roads, schools, libraries, sanitation, land use and development, and etc. Despite the critical roles of state and local governments, there is little awareness-or understanding-of the nature and operations of the federal system. This Very Short Introduction provides a concise overview of federalism, from its origins and evolution to the key events and constitutional decisions that have defined its framework. Although the primary focus is on the United States, other federal systems, including Brazil, Canada, India, Germany, Russia, South Africa, Switzerland, and the EU, are addressed.
Author : Biancamaria Fontana
Publisher : Cambridge University Press
Page : 248 pages
File Size : 43,5 Mb
Release : 2007-03-26
Category : Political Science
ISBN : 0521033764
Why are republics nowadays the most common form of political organization, and the one most readily associated with modern democracy? In The Invention of the Modern Republic, a team of highly distinguished historians of ideas answers this question, and examines the origins of republican governments in America and Europe. Given the renewed interest at present in the functioning and evolution of democratic institutions--especially in their relation with market economies--the issues discussed here have a powerful contemporary resonance.
Author : David L. Shapiro
Publisher : Northwestern University Press
Page : 164 pages
File Size : 47,7 Mb
Release : 1995-07-19
Category : Law
ISBN : 9780810112803
David Shapiro explores the virtues and defects of federalism as it has developed in this country from a variety of perspectives that include historical, constitutional, economic, social, and political considerations. Using the dialectical form adopted by advocates trying a case before a court, Shapiro not only examines the strongest arguments on the two principal sides of the issue but also probes the potential value of the dialectical process itself.
Author : Graeme Boushey
Publisher : Cambridge University Press
Page : 239 pages
File Size : 52,9 Mb
Release : 2010-11-01
Category : Political Science
ISBN : 9781139493000
Policy Diffusion Dynamics in America integrates research from agenda setting and epidemiology to model factors that shape the speed and scope of public policy diffusion. Drawing on a data set of more than 130 policy innovations, the research demonstrates that the 'laboratories of democracy' metaphor for incremental policy evaluation and emulation is insufficient to capture the dynamic process of policy diffusion in America. A significant subset of innovations trigger outbreaks - the extremely rapid adoption of innovation across states. The book demonstrates how variation in the characteristics of policies, the political and institutional traits of states, and differences among interest group carriers interact to produce distinct patterns of policy diffusion.
Author : Glen Krutz,Sylvie Waskiewicz
Publisher : Unknown
Page : 0 pages
File Size : 51,6 Mb
Release : 2023-05-12
Category : Electronic
ISBN : 1738998479
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.
Author : Raoul Berger
Publisher : Unknown
Page : 223 pages
File Size : 50,8 Mb
Release : 1987
Category : Law
ISBN : 0806120592
The author provides evidence that the States existed before the nation was formed and that the States and the federal government were to have mutually exclusive spheres in which each was sovereign, or dual federalism. He also shows that the interstate commerce clause was not intended to authorize federal intrusion into State control of internal matters.
Author : OECD
Publisher : OECD Publishing
Page : 288 pages
File Size : 51,6 Mb
Release : 2021-12-20
Category : Electronic
ISBN : 9789264912953
Fiscal Federalism 2022 surveys recent trends and policies in intergovernmental fiscal relations and subnational government. Accessible and easy-to-read chapters provide insight into: good practices in fiscal federalism; the design of fiscal equalisation systems; measuring subnational tax and spending autonomy; promoting public sector performance across levels of government; digitalisation challenges and opportunities; the role of subnational accounting and insolvency frameworks; funding and financing of local government public investment; and early lessons from the COVID-19 crisis for intergovernmental fiscal relations.
Author : Marcia H. Rioux,Paula C. Pinto,Gillian Parekh
Publisher : Canadian Scholars’ Press
Page : 326 pages
File Size : 40,6 Mb
Release : 2015
Category : Human rights monitoring
ISBN : 9781551307411
The 2006 United Nations Convention on the Rights of Persons with Disabilities has provided a significant catalyst and a legal mandate for disability rights monitoring, and discussions on disability rights are breaking new ground across disciplines. Disability, Rights Monitoring, and Social Change is an important and timely collection that explores and challenges the ways in which disability rights are monitored. The contributors to this edited volume range from grassroots activists to international scholars and United Nations advisors. The chapters address the current theoretical, methodological, and practical issues surrounding disability rights monitoring and offer a detailed look at law and policy reforms, best practices, and holistic methods. This unique compilation crosses the divide between the global South and North and explores the complex issues of intersectionality that arise for women with disabilities, Indigenous peoples with disabilities, and people with diverse disabilities. Its participatory methodology-calling for the inclusion of people with disabilities in processes that involve them-and its local and international perspective make this book a critical contribution to the fields of rights monitoring and disability studies. Appropriate for courses on disability, human rights, social justice, policy, and advocacy, this volume serves as a guide and learning tool for anyone interested in disability rights monitoring and, more generally, the effective practice of monitoring human rights.
