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Author : David J. Siemers Publisher : University of Missouri Press Page : 240 pages File Size : 46,8 Mb Release : 2018-11-29 Category : Political Science ISBN : 9780826274212
The Myth of Coequal Branches by David J. Siemers Pdf
The idea that the three branches of U.S. government are equal in power is taught in classrooms, proclaimed by politicians, and referenced in the media. But, as David Siemers shows, that idea is a myth, neither intended by the Founders nor true in practice. Siemers explains how adherence to this myth normalizes a politics of gridlock, in which the action of any branch can be checked by the reaction of any other. The Founders, however, envisioned a separation of functions rather than a separation of powers. Siemers argues that this view needs to replace our current view, so that the goals set out in the Constitution’s Preamble may be better achieved.
Progressives in Washington have big plans. Plans to take over every part of the U.S. economy and manage Americans' lives. Embracing the Green New Deal, abolishing the electoral college, promoting late term abortion, and implementing socialism are just a few of the progressives' latest attempts to remake America. In the process, they abandon the Constitution and our individual liberties. Congressman Ken Buck argues that every American should rediscover our nation's unique freedom story. This book tells the story of how our nation’s founders carefully designed a political system that would guard against tyranny and protect individual liberty. Using the Capitol and its features as the backdrop, Buck shows how our heritage as a free people is woven into every institution in America, and how progressives are attempting to undermine individual liberty. The book offers clear recommendations for steps liberty-minded Americans can take to reverse the progressives’ damaging course. For all who are willing to listen, the Capitol speaks, showing how conservatives can halt the progressives' plans, preserve our remaining freedoms, and reclaim what we’ve lost.
The Judicial System: A Reference Handbook provides an authoritative and accessible one-stop resource for understanding the U.S. judicial system and its place in the fabric of American government and society. The American judicial system plays a central role in setting and enforcing the legal rules under which the people of the United States live. U.S. courts and laws, though, are complex and often criticized for bias and other alleged shortcomings, The U.S. Supreme Court has emerged as a particular focal point of political partisanship and controversy, both in terms of the legal decisions it hands down and the makeup of its membership. Like other books in the Contemporary World Issues series, this volume comprises seven chapters. Chapter 1 presents the origins, development, and current characteristics of the American judicial system. Chapter 2 discusses problems and controversies orbiting around the U.S. justice system today. Chapter 3 features a wide-ranging collection of essays that examine and illuminate various aspects of the judicial system. Chapter 4 profiles influential organizations and people related to the justice system, and Chapter 5 offers relevant data and documents about U.S. courts. Chapter 6 is composed of an annotated list of important resources, while Chapter 7 offers a useful chronology of events.
The Myth of the Imperial Judiciary by Mark Kozlowski Pdf
Few institutions have become as ferociously fought over in democratic politics as the courts. While political criticism of judges in this country goes back to its inception, today’s intensely ideological assault is nearly unprecedented. Spend any amount of time among the writings of contemporary right-wing critics of judicial power, and you are virtually assured of seeing repeated complaints about the “imperial judiciary.” American conservatives contend not only that judicial power has expanded dangerously in recent decades, but that liberal judges now willfully write their policy preferences into law. They raise alarms that American courts possess a degree of power incompatible with the functioning of a democratic polity. The Myth of the Imperial Judiciary explores the anti-judicial ideological trend of the American right, refuting these claims and taking a realistic look at the role of courts in our democracy to show that conservatives have a highly unrealistic conception of their power. Kozlowski first assesses the validity of the conservative view of the Founders’ intent, arguing that courts have played an assertive role in our politics since their establishment. He then considers contemporary judicial powers to show that conservatives have greatly overstated the extent to which the expansion of rights which has occurred has worked solely to the benefit of liberals. Kozlowski reveals the ways in which the claims of those on the right are often either unsupported or simply wrong. He concludes that American courts, far from imperiling our democracy or our moral fabric, stand as a bulwark against the abuse of legislative power, acting forcefully, as they have always done, to give meaning to constitutional promises.
Political Thought and the Origins of the American Presidency by Ben Lowe Pdf
This volume examines the political ideas behind the construction of the presidency in the U.S. Constitution, as well as how these ideas were implemented by the nation’s early presidents. The framers of the Constitution disagreed about the scope of the new executive role they were creating, and this volume reveals the ways the duties and power of the office developed contrary to many expectations. Here, leading scholars of the early republic examine principles from European thought and culture that were key to establishing the conceptual language and institutional parameters for the American executive office. Unpacking the debates at the 1787 Constitutional Convention, these essays describe how the Constitution left room for the first presidents to set patterns of behavior and establish a range of duties to make the office functional within a governmental system of checks and balances. Contributors explore how these presidents understood their positions and fleshed out their full responsibilities according to the everyday operations required to succeed. As disputes continue to surround the limits of executive power today, this volume helps identify and explain the circumstances in which limits can be imposed on presidents who seem to dangerously exceed the constitutional parameters of their office. Political Thought and the Origins of the American Presidency demonstrates that this distinctive, time-tested role developed from a fraught, historically contingent, and contested process. Contributors: Claire Rydell Arcenas | Lindsay M. Chervinsky | François Furstenberg | Jonathan Gienapp | Daniel J. Hulsebosch | Ben Lowe | Max Skjönsberg | Eric Slauter | Caroline Winterer | Blair Worden | Rosemarie Zagarri A volume in the Alan B. and Charna Larkin Series on the American Presidency
The Myth of the Great Ending by Joseph M. Felser Pdf
From Christian believers in the Apocalypse and the Rapture to New Age enthusiasts of prophecies concerning the year 2012, Doomsday lore has been a part of culture, a myth that colors how we perceive the world. Why do we remain obsessed with Doomsday myths even when they fail to materialize? What if we haven’t recognized the true message of these myths? Blending history, psychology, metaphysics, and story, philosopher and author Joseph Felser explores the spiritual questions raised by these enduring myths. Along the way he consults the work of Joseph Campbell, Carl Jung, Marie-Louise von Franz, Black Elk, Wovoka, Itzhak Bentov, Jane Roberts, Seth, Hermann Hesse, Ingo Swann, David Bohm, Fred Alan Wolf, J. Allen Boone, William James, and Robert Monroe through ever-widening circles of understanding. Felser suggests that our obsession with “The End of the World” hides a repressed, healthy longing for reconciliation with our inner and outer worlds--with nature and our own natural spirituality. He urges us to recognize and act upon that longing. When we begin to listen to nature’s voice and pay heed to our own dreams--including visions, intuitions, and instinctive promptings--the greatest revolution in all history will unfold. We can create a future of our own choosing, a beginning rather than an ending.
Author : John R. Vile Publisher : Bloomsbury Publishing USA Page : 252 pages File Size : 49,9 Mb Release : 2021-10-11 Category : Political Science ISBN : 9798216063865
A Companion to the United States Constitution and Its Amendments by John R. Vile Pdf
The U.S. Constitution and its 27 amendments (including the Bill of Rights) is a living document, as evidenced by new laws and Supreme Court rulings that with each passing year change how the Constitution's guidelines are interpreted and implemented. A Companion to the United States Constitution and Its Amendments is designed to show students just how revolutionary the Constitution was—and how relevant it remains today. This seventh revised edition of the Companion begins by revisiting the key events leading to the Constitution's ratification, including the writing of the Declaration of Independence and the proceedings of the Constitutional Convention, then explores the document article by article, amendment by amendment, to help readers better understand how each section of the document shapes the world we live in today. In addition, the Companion illuminates how new laws, political debates, and Supreme Court decisions are continually reshaping our understanding of the Constitution and its role in American life and society—including such essential and foundational elements of democracy as voting; elections; the peaceful transfer of power; equality before the law; civil rights and liberties; and the duties, responsibilities, and obligations of the nation's three branches of government.
Who should decide what is constitutional? The Supreme Court, of course, both liberal and conservative voices say—but in a bracing critique of the “judicial engagement” that is ascendant on the legal right, Greg Weiner makes a cogent case to the contrary. His book, The Political Constitution, is an eloquent political argument for the restraint of judicial authority and the return of the proper portion of constitutional authority to the people and their elected representatives. What Weiner calls for, in short, is a reconstitution of the political commons upon which a republic stands. At the root of the word “republic” is what Romans called the res publica, or the public thing. And it is precisely this—the sense of a political community engaging in decisions about common things as a coherent whole—that Weiner fears is lost when all constitutional authority is ceded to the judiciary. His book calls instead for a form of republican constitutionalism that rests on an understanding that arguments about constitutional meaning are, ultimately, political arguments. What this requires is an enlargement of the res publica, the space allocated to political conversation and a shared pursuit of common things. Tracing the political and judicial history through which this critical political space has been impoverished, The Political Constitution seeks to recover the sense of political community on which the health of the republic, and the true working meaning of the Constitution, depends.
A Fire Bell in the Past by Jeffrey L. Pasley,John Craig Hammond Pdf
Many new states entered the United States around 200 years ago, but only Missouri almost killed the nation it was trying to join. When the House of Representatives passed the Tallmadge Amendment banning slavery from the prospective new state in February 1819, it set off a two-year political crisis in which growing northern antislavery sentiment confronted the southern whites’ aggressive calls for slavery’s westward expansion. The Missouri Crisis divided the U.S. into slave and free states for the first time and crystallized many of the arguments and conflicts that would later be settled violently during the Civil War. The episode was, as Thomas Jefferson put it, “a fire bell in the night” that terrified him as the possible “knell of the Union.” Drawing on the participants in two landmark conferences held at the University of Missouri and the City University of New York, this first of two volumes finds myriad new perspectives on the Missouri Crisis. Celebrating Missouri’s bicentennial the scholarly way, with fresh research and unsparing analysis, this eloquent collection of essays from distinguished historians gives the epochal struggle over Missouri statehood its due as a major turning point in American history. Contributors include the editors, Christa Dierksheide, David N. Gellman, Sarah L. H. Gronningsater, Robert Lee, Donald Ratcliffe, Andrew Shankman, Anne Twitty, John R. Van Atta, and David Waldstreicher.
The Pursuit of Happiness in the Founding Era by Carli N. Conklin Pdf
Scholars have long debated the meaning of the pursuit of happiness, yet have tended to define it narrowly, focusing on a single intellectual tradition, and on the use of the term within a single text, the Declaration of Independence. In this insightful volume, Carli Conklin considers the pursuit of happiness across a variety of intellectual traditions, and explores its usage in two key legal texts of the Founding Era, the Declaration and William Blackstone’s Commentaries on the Laws of England. For Blackstone, the pursuit of happiness was a science of jurisprudence, by which his students could know, and then rightly apply, the first principles of the Common Law. For the founders, the pursuit of happiness was the individual right to pursue a life lived in harmony with the law of nature and a public duty to govern in accordance with that law. Both applications suggest we consider anew how the phrase, and its underlying legal philosophies, were understood in the founding era. With this work, Conklin makes important contributions to the fields of early American intellectual and legal history.
Author : William S. Belko Publisher : University of Missouri Press Page : 247 pages File Size : 48,9 Mb Release : 2021-05-07 Category : History ISBN : 9780826274557
Contesting the Constitution by William S. Belko Pdf
The admission of Missouri to the Union quickly became a constitutional crisis of the first order, inciting an intensive reexamination of the U.S. Constitution by the U.S. Congress. The heart of the question in need of resolution was whether that body possessed the authority to place conditions on a territory—in this instance Missouri—regarding restrictions on slavery—before its admittance to the Union. The larger question with which the legislators grappled were the limits of the Constitution’s provisions granting Congress the authority to affect the institution of slavery—both where it already existed and where it could expand. The issue—what would come to be known as the Missouri Crisis—severely tested the still young republic and, some four decades later, would all but rend it asunder. This timely collection of original essays thoughtfully engages the intersections of history and constitutional law, and is certain to find eager readers among historians, legal scholars, political scientists, as well as many who call Missouri home. Contributing Authors: William S. Belko Christopher Childers John Eastman Brook Poston John R. Van Atta
Legislatures are ubiquitous in the American political experience. First created in Virginia in 1619, they have existed continuously ever since. Indeed, they were established in even the most unlikely of places, notably in sparsely populated frontier settlements, and functioned as the focal point of every governing system devised. Despite the ubiquity of state legislatures, we know remarkably little about how Americans have viewed them as organizations, in terms of their structures, rules, and procedures. But with the rise of modern public opinion surveys in the twentieth century, we now have extensive data on how Americans have gauged legislative performance throughout the many years. That said, the responses to the questions pollsters typically pose reflect partisanship, policy, and personality. Generally, respondents respond favorably to legislatures controlled by their own political party and those in power during good economic times. Incumbent lawmakers get ratings boosts from having personalities, “home styles” that mesh with those of their constituents. These relationships are important indicators of people’s thoughts regarding the current performance of their legislatures and legislators, but they tell us nothing about attitudes toward the institution and its organizational characteristics. This study offers a unique perspective on what American voters have historically thought about legislatures as organizations and legislators as representatives. Rather than focusing on responses to surveys that ask respondents how they rate the current performance of lawmakers and legislatures, this study leverages the most significant difference between national and state politics: the existence of ballot propositions in the latter. At the national level Americans have never had any say over Congress’s structure, rules, or procedures. In contrast, at the state level they have had ample opportunities over the course of more than two centuries to shape their state legislatures. The data examined here look at how people have voted on more than 1,500 state ballot propositions targeting a wide array of legislative organizational and parliamentary features. By linking the votes on these measures with the public debates preceding them, this study documents not only how American viewed various aspects of their legislatures, but also whether their opinions held constant or shifted over time. The findings reported paint a more nuanced picture of Americans’ attitudes toward legislatures than the prevailing one derived from survey research. When presented with legislative reform measures on which concrete choices were offered and decisions on them had to be made, the analyses presented here reveal that, counter to the conventional wisdom that people loved their representatives but hated the legislature, voters usually took charitable positions toward the institution while harboring skeptical attitudes about lawmakers’ motives and behaviors.
Author : Carl H. Esbeck,Jonathan J. Den Hartog Publisher : University of Missouri Press Page : 460 pages File Size : 55,8 Mb Release : 2019-11-15 Category : History ISBN : 9780826274366
Disestablishment and Religious Dissent by Carl H. Esbeck,Jonathan J. Den Hartog Pdf
On May 10, 1776, the Second Continental Congress sitting in Philadelphia adopted a Resolution which set in motion a round of constitution making in the colonies, several of which soon declared themselves sovereign states and severed all remaining ties to the British Crown. In forming these written constitutions, the delegates to the state conventions were forced to address the issue of church-state relations. Each colony had unique and differing traditions of church-state relations rooted in the colony’s peoples, their country of origin, and religion. This definitive volume, comprising twenty-one original essays by eminent historians and political scientists, is a comprehensive state-by-state account of disestablishment in the original thirteen states, as well as a look at similar events in the soon-to-be-admitted states of Vermont, Tennessee, and Kentucky. Also considered are disestablishment in Ohio (the first state admitted from the Northwest Territory), Louisiana and Missouri (the first states admitted from the Louisiana Purchase), and Florida (wrestled from Spain under U.S. pressure). The volume makes a unique scholarly contribution by recounting in detail the process of disestablishment in each of the colonies, as well as religion’s constitutional and legal place in the new states of the federal republic.
Liberal Education and Citizenship in a Free Society by Justin Buckley Dyer,Constantine Christos Vassiliou Pdf
The liberal arts university has been in decline since well before the virtualization of campus life, increasingly inviting public skepticism about its viability as an institution of personal, civic, and professional growth. New technologies that might have brought people together have instead frustrated the university’s capacity to foster thoughtful citizenship among tomorrow’s leaders and exacerbated socioeconomic inequalities that are poisoning America’s civic culture. With Liberal Education and Citizenship in a Free Society, a collection of 19 original essays, editors Justin Dyer and Constantine Vassiliou present the work of a diverse group of scholars to assess the value of a liberal arts education in the face of market, technological, cultural, and political forces shaping higher learning today.
The Federalist Frontier traces the development of Federalist policies and the Federalist Party in the first three states of the Northwest Territory—Ohio, Indiana, and Illinois—from the nation’s first years until the rise of the Second Party System in the 1820s and 1830s. Relying on government records, private correspondence, and newspapers, Kristopher Maulden argues that Federalists originated many of the policies and institutions that helped the young United States government take a leading role in the American people’s expansion and settlement westward across the Appalachians. It was primarily they who placed the U.S. Army at the fore of the white westward movement, created and executed the institutions to survey and sell public lands, and advocated for transportation projects to aid commerce and further migration into the region. Ultimately, the relationship between government and settlers evolved as citizens raised their expectations of what the federal government should provide, and the region embraced transportation infrastructure and innovation in public education. Historians of early American politics will have a chance to read about Federalists in the Northwest, and they will see the early American state in action in fighting Indians, shaping settler understandings of space and social advancement, and influencing political ideals among the citizens. For historians of the early American West, Maulden’s work demonstrates that the origins of state-led expansion reach much further back in time than generally understood.
