Reconstructing The Commercial Republic

Author : Stephen L. Elkin
Publisher : University of Chicago Press
Page : 428 pages
File Size : 46,5 Mb
Release : 2015-01-16
Category : Political Science
ISBN : 9780226294650

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Reconstructing the Commercial Republic by Stephen L. Elkin Pdf

James Madison is the thinker most responsible for laying the groundwork of the American commercial republic. But he did not anticipate that the propertied class on which he relied would become extraordinarily politically powerful at the same time as its interests narrowed. This and other flaws, argues Stephen L. Elkin, have undermined the delicately balanced system he constructed. In Reconstructing the Commercial Republic, Elkin critiques the Madisonian system, revealing which of its aspects have withstood the test of time and which have not. The deficiencies Elkin points out provide the starting point for his own constitutional theory of the republic—a theory that, unlike Madison’s, lays out a substantive conception of the public interest that emphasizes the power of institutions to shape our political, economic, and civic lives. Elkin argues that his theory should guide us toward building a commercial republic that is rooted in a politics of the public interest and the self-interest of the middle class. He then recommends specific reforms to create this kind of republic, asserting that Americans today can still have the lives a commercial republic is intended to promote: lives with real opportunities for economic prosperity, republican political self-government, and individual liberty.

Author : Brian J. Cook
Publisher : University Press of Kansas
Page : 292 pages
File Size : 55,8 Mb
Release : 2021-04-21
Category : Political Science
ISBN : 9780700632077

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The Fourth Branch by Brian J. Cook Pdf

In The Fourth Branch: Reconstructing the Administrative State for the Commercial Republic Brian J. Cook confronts head-on the accumulating derangements in the American constitutional system and how the administrative state has contributed to the problems, how it has been a key force in addressing the troubles, and how it can be reformed to serve the system better. The Fourth Branch is anchored in a powerful theory of regime design that guides a freshly comprehensive account of the historical development of successive political economies and administrative states in the United States and provides the normative grounding for more far-reaching constitutional change. Cook calls for a decisive, pattern-breaking response in the form of a constitutional redesign to accommodate a fourth branch, an administrative branch. The Fourth Branch shows that the creation of a fourth administrative branch is consistent with the history and traditions of American constitutionalism. Far more than that, however, the addition of a fourth branch could enhance American constitutionalism by making the separation of powers work better, increasing the likelihood that deliberative lawmaking will occur, strengthening civic capacity and public engagement in governance, and improving both accountability and coordination in the administrative state. By stressing that the administrative state in its current form is both biased toward business and seriously undermined by subordination to the three constitutional branches, Cook contends that neither abandoning the administrative state nor more deeply constitutionalizing or democratizing it within the existing constitutional structure is sufficient to fully legitimate and capitalize on administrative power to serve the public interest. Rather, Cook argues that it is imperative to confront the reality that a fundamental reordering of constitutional arrangements is necessary if the American commercial republic is to recover from its growing disorder and progress further toward its aspirations of liberal justice and limited but vigorous self-rule.

Author : Peter Charles Hoffer
Publisher : University Press of Kansas
Page : 292 pages
File Size : 50,5 Mb
Release : 2021-03-26
Category : Law
ISBN : 9780700632008

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Daniel Webster and the Unfinished Constitution by Peter Charles Hoffer Pdf

Daniel Webster and the Unfinished Constitution reveals Webster as the foremost constitutional lawyer of his day. Peter Charles Hoffer builds a persuasive case that Webster was more than a skilled practitioner who rose rapidly from his hardscrabble New Hampshire origins. Hoffer thoroughly documents the ways in which Webster was an innovative jurist. While Chief Justice John Marshall gets credit for much of our early constitutional jurisprudence, in fact in a series of key cases Marshall simply borrowed Webster’s oral and written arguments. For Webster, Marshall, and many lawyers and jurists of their day, professions of adherence to the Constitution were universal. Yet they knew that the Constitution could not be fixed in time; its text needed to be read in light of the rapidly transforming early republic and antebellum eras or it would become irrelevant. As Chief Justice Marshall explained in Bank of the United States v. Deveaux (1809): “A constitution, from its nature, deals in generals, not in detail. Its framers cannot perceive minute distinctions which arise in the progress of the nation, and therefore confine it to the establishment of broad and general principles.” But were these “broad and general principles” themselves fixed? For Webster there were landmarks: the Contract Clause and the Commerce Clause. While others were exploring and surveying the Northwest Territory and the Louisiana Purchase, Webster set out to map the spaces in the constitutional and legal landscape that were unmarked. Peter Charles Hoffer provides an insightful and timely study of how Webster’s analysis of three key constitutional issues is relevant to today’s constitutional conflicts: the relationship between law and politics, between public policy and private rights, and between the federal government and the states, all of which remain contentious in our constitutional jurisprudence and crucial to our constitutional order.

Author : Sotirios A. Barber,James E. Fleming
Publisher : OUP USA
Page : 218 pages
File Size : 52,5 Mb
Release : 2007-06-07
Category : Law
ISBN : 9780195328585

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Constitutional Interpretation by Sotirios A. Barber,James E. Fleming Pdf

The presuppositions of constitutional interpretation -- The principal questions of constitutional interpretation -- The principal features of the American constitutional order : the positive constitutionalism of The federalist -- Approaches to constitutional interpretation -- Textualism and consensualism -- Narrow originalism/intentionalism -- Broad originalism -- Structuralism -- Doctrinalism and minimalism -- The philosophic approach -- Pragmatism -- Epilogue: a fusion of approaches to constitutional interpretation.

Author : Mitchel de S.-O.-l'E. Lasser
Publisher : Blackstone Press
Page : 359 pages
File Size : 53,9 Mb
Release : 2009-07-30
Category : Language Arts & Disciplines
ISBN : 9780199570775

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Judicial Transformations by Mitchel de S.-O.-l'E. Lasser Pdf

The importance of fundamental rights is exploding across all areas of law in Europe. Grounded in comparative law and political science, this book explores the causes of the rights revolution, and its impact on European judiciaries.

Author : Thad Williamson
Publisher : Oxford University Press
Page : 416 pages
File Size : 47,7 Mb
Release : 2010-05-12
Category : Social Science
ISBN : 019970886X

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Sprawl, Justice, and Citizenship by Thad Williamson Pdf

Must the strip mall and the eight-lane highway define 21st century American life? That is a central question posed by critics of suburban and exurban living in America. Yet despite the ubiquity of the critique, it never sticks-Americans by the scores of millions have willingly moved into sprawling developments over the past few decades. Americans find many of the more substantial criticisms of sprawl easy to ignore because they often come across as snobbish in tone. Yet as Thad Williamson explains, sprawl does create real, measurable social problems. Utilizing a landmark 30,000-person survey, he shows that sprawl fosters civic disengagement, accentuates inequality, and negatively impacts the environment. Yet, while he highlights the deleterious effects of sprawl on civic life in America, he is also evenhanded. He does not dismiss the pastoral, homeowning ideal that is at the root of sprawl, and is sympathetic to the vast numbers of Americans who very clearly prefer it. Sprawl, Justice, and Citizenship is not only be the most comprehensive work in print on the subject, it will be the first to offer an empirically rigorous critique of the most popular form of living in America today.

Author : Mark A. Graber
Publisher : Oxford University Press
Page : 307 pages
File Size : 46,8 Mb
Release : 2015-03-06
Category : Law
ISBN : 9780190245238

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A New Introduction to American Constitutionalism by Mark A. Graber Pdf

A New Introduction to American Constitutionalism is the first text to study the entirety of American constitutionalism, not just the traces that appear in Supreme Court decisions. Mark A. Graber both explores and offers original answers to such central questions as: What is a Constitution, ? What are fundamental constitutional purposes? How are constitutions interpreted? How is constitutional authority allocated? How to constitutions change? How is the Constitution of the United States influenced by international and comparative law? and, most important, How does the Constitution work? Relying on an historical/institutional perspective, the book illustrates how American constitutionalism is a distinct form of politics, rather than a means from separating politics from law. Constitutions work far more by constructing and constituting politics than by compelling people to do what they would otherwise do. People debate the proper meaning of the first amendment, but these debates are influenced by the rule that all states are equally represented in the Senate and a political culture that in which political dissenters do not fear for their lives. More than any other work on the market, A New Introduction to American Constitutionalism highlights and expands on what a generation for law professors, political scientists and historians have said about the American constitutionalism regime. As such, this is the first truly interdisciplinary study of constitutional politics in the United States.

Author : David Schneiderman
Publisher : University of Toronto Press
Page : 328 pages
File Size : 40,5 Mb
Release : 2015-10-06
Category : Political Science
ISBN : 9781442629509

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Red, White, and Kind of Blue? by David Schneiderman Pdf

Situated between two different constitutional traditions, those of the United Kingdom and the United States, Canada has maintained a distinctive third way: federal, parliamentary, and flexible. Yet in recent years it seems that Canadian constitutional culture has been moving increasingly in an American direction. Through the prorogation crises of 2008 and 2009, its senate reform proposals, and the appointment process for Supreme Court judges, Stephen Harper’s Conservative government has repeatedly shown a tendency to push Canada further into the US constitutional orbit. Red, White, and Kind of Blue? is a comparative legal analysis of this creeping Americanization, as well as a probing examination of the costs and benefits that come with it. Comparing British, Canadian, and American constitutional traditions, David Schneiderman offers a critical perspective on the Americanization of Canadian constitutional practice and a timely warning about its unexamined consequences.

Author : David L. Imbroscio
Publisher : Cornell University Press
Page : 241 pages
File Size : 44,8 Mb
Release : 2011-01-15
Category : Political Science
ISBN : 9780801457579

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Urban America Reconsidered by David L. Imbroscio Pdf

The aftermath of Hurricane Katrina laid bare the tragedy of American cities. What the storm revealed about the social conditions in New Orleans shocked many Americans. Even more shocking is how widespread these conditions are throughout much of urban America. Plagued by ineffectual and inegalitarian governance, acute social problems such as extreme poverty, and social and economic injustice, many American cities suffer a fate similar to that of New Orleans before and after the hurricane. Gentrification and corporate redevelopment schemes merely distract from this disturbing reality. Compounding this tragedy is a failure in urban analysis and scholarship. Little has been offered in the way of solving urban America's problems, and much of what has been proposed or practiced remains profoundly misguided, in David Imbroscio's view. In Urban America Reconsidered, he offers a timely response. He urges a reconsideration of the two reigning orthodoxies in urban studies: regime theory, which provides an understanding of governance in cities, and liberal expansionism, which advocates regional policies linking cities to surrounding suburbs. Declaring both approaches to be insufficient—and sometimes harmful—Imbroscio illuminates another path for urban America: remaking city economies via an array of local economic alternative development strategies (or LEADS). Notable LEADS include efforts to build community-based development institutions, worker-owned firms, publicly controlled businesses, and webs of interdependent entrepreneurial enterprises. Equally notable is the innovative use of urban development tools to generate indigenous, stable, and balanced growth in local economies. Urban America Reconsidered makes a strong case for the LEADS approach for constructing progressive urban regimes and addressing America's deepest urban problems.

Author : David L. Imbroscio
Publisher : SAGE
Page : 238 pages
File Size : 54,9 Mb
Release : 1997-02-03
Category : Political Science
ISBN : 0761906134

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Reconstructing City Politics by David L. Imbroscio Pdf

Almost two decades of research in U.S. city politics has produced a compelling empirical account of the nature of urban governance revolving around the alliance of business interests and local public officials. In Reconstructing City Politics, author David L. Imbroscio urges that urban political economy must now move forward beyond the question of "what is?" to a consideration of "what might be?" He systematically poses the possibilities for reconstructing the nature of contemporary city politics, while integrating a wealth of innovative urban analysis. To bring about this reconstruction, Imbroscio explores three comprehensive alternative urban economic development strategies--entrepreneurial mercantilism, community based economic development, and municipal enterprise. He considers whether these three strategies are likely to be effective for bringing about urban economic vitality and whether it is feasible for cities to pursue these efforts in the current political economic context. By addressing these questions, Imbroscio is able to reach conclusions about the possibilities for a successful and sustainable reconstruction of U.S. city politics. This important volume will be vital for professionals and and researchers in urban planning, urban studies, urban and regional economics, as well as urban politics.

Author : Dr Shaun P Young
Publisher : Ashgate Publishing, Ltd.
Page : 235 pages
File Size : 51,7 Mb
Release : 2012-10-01
Category : Philosophy
ISBN : 9781409485940

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Reflections on Rawls by Dr Shaun P Young Pdf

The late John Rawls was one of the most inspiring, provocative and influential political philosophers of the twentieth century. In this collection a panel of distinguished political philosophers critically explore the intellectual legacy of Rawls. The essays herein engage Rawls's political theorizing from his earliest published writings in the 1950s to his final publication in 2001, Justice as Fairness: A Restatement and explore a diversity of issues related to his arguments, such as the attractiveness of his methodology/methodologies, and the normative coherence and empirical validity of his claims. In turn, the effectiveness both of his arguments and those of various supporters and critics are evaluated from the perspective of a variety of analytical approaches, including cosmopolitanism, communitarianism, perfectionism, liberalism, and legal theory. This book is an edifying and engaging dialogue with ideas and arguments that have provided the theoretical framework for much of contemporary political philosophy, and a thoughtful assessment of their continuing significance and place within the pantheon of political philosophy.

Author : Will Morrisey
Publisher : University Press of America
Page : 302 pages
File Size : 46,5 Mb
Release : 1996
Category : History
ISBN : 0761802916

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Culture in the Commercial Republic by Will Morrisey Pdf

This book discusses the cultural intentions of the founders of the first thoroughly commercial republic, the United States. The typical book on 'the culture' takes the view that commercial republicanism is the enemy of culture; this book tells a much more complex story, and measures the benefits and deficits of commercial republicanism in a way that does not sleight the very substantial achievements of commercial republicanism. The book looks at several critics of the commercial republic, 'left' and 'right'. These writers include Emerson, Whitman, Carlyle, Ruskin, Dewey, and Pound. The book concludes with chapters on two very different writers who take a comprehensive view of culture, nature, and the commercial republic: Allan Bloom and Jane Austen. Contents: Acknowledgments; Preface; Introduction: The Statesmanlike Sources of American Culture; Victorians Contra Commerce; Natural Right and the American Intellectual; American Historicist-Poets: Holmes and Whitman; An American Fascist: Ezra Pound; The American Left and the Culture of Sophistry; An American Philosopher?; The Politics of Self-Knowledge: Mansfield Park and the Refounding of the English Aristocracy; Conclusion: The Arts of Satiation; Endnotes; Index; Biographical Note.

Author : Anonim
Publisher : Unknown
Page : 630 pages
File Size : 45,8 Mb
Release : 2007
Category : United States
ISBN : UVA:X030287818

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The American Interest by Anonim Pdf

Author : Brian J. Cook
Publisher : University Press of Kansas
Page : 292 pages
File Size : 49,9 Mb
Release : 2021-04-21
Category : Political Science
ISBN : 9780700632077

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The Fourth Branch by Brian J. Cook Pdf

In The Fourth Branch: Reconstructing the Administrative State for the Commercial Republic Brian J. Cook confronts head-on the accumulating derangements in the American constitutional system and how the administrative state has contributed to the problems, how it has been a key force in addressing the troubles, and how it can be reformed to serve the system better. The Fourth Branch is anchored in a powerful theory of regime design that guides a freshly comprehensive account of the historical development of successive political economies and administrative states in the United States and provides the normative grounding for more far-reaching constitutional change. Cook calls for a decisive, pattern-breaking response in the form of a constitutional redesign to accommodate a fourth branch, an administrative branch. The Fourth Branch shows that the creation of a fourth administrative branch is consistent with the history and traditions of American constitutionalism. Far more than that, however, the addition of a fourth branch could enhance American constitutionalism by making the separation of powers work better, increasing the likelihood that deliberative lawmaking will occur, strengthening civic capacity and public engagement in governance, and improving both accountability and coordination in the administrative state. By stressing that the administrative state in its current form is both biased toward business and seriously undermined by subordination to the three constitutional branches, Cook contends that neither abandoning the administrative state nor more deeply constitutionalizing or democratizing it within the existing constitutional structure is sufficient to fully legitimate and capitalize on administrative power to serve the public interest. Rather, Cook argues that it is imperative to confront the reality that a fundamental reordering of constitutional arrangements is necessary if the American commercial republic is to recover from its growing disorder and progress further toward its aspirations of liberal justice and limited but vigorous self-rule.

Author : Anonim
Publisher : Unknown
Page : 798 pages
File Size : 53,5 Mb
Release : 2007
Category : Electronic journals
ISBN : UCBK:C095176198

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Political Science Quarterly by Anonim Pdf