Author: Russell L. Riley
Publisher: Texas A&M University Press
ISBN: 1603441492
Category : Political Science
Languages : en
Pages : 222
Book Description
In September 2003, seven former heads of the White House Office of Legislative Affairs gathered for the first time ever to compare their experiences working for every president from Richard Nixon to Bill Clinton. For two days, these congressional liaisons, charged with moving their respective presidents’ legislative agendas through an independent—and sometimes hostile—Congress, shared first-hand views of the intricacies of presidential-congressional relations: how it works, how it doesn’t work, and the fascinating interplay of personalities, events, and politics that happens along the way. Hosted by noted presidential scholar Russell Riley and the University of Virginia’s Miller Center of Public Affairs, this seminar also featured a number of invited scholars of American politics, including the eminent Richard E. Neustadt, who appeared just before his death a month later. As explained by Riley, “. . . these discussions enlighten in two ways: they provide us a revealing glimpse into the inside, usually hidden, business of Washington, and they afford us the considered reflections of a thoughtful group of political veterans.” What makes these exchanges especially compelling, however, is their bipartisan cast, with Republicans Max L. Friedersdorf, William L. Ball III, and Frederick McClure joining Democrats Frank Moore, Charles M. Brain, John Hilley, and Lawrence Stein in thoughtful and friendly conversation.
Bridging the Constitutional Divide
Author: Russell L. Riley
Publisher: Texas A&M University Press
ISBN: 1603441492
Category : Political Science
Languages : en
Pages : 222
Book Description
In September 2003, seven former heads of the White House Office of Legislative Affairs gathered for the first time ever to compare their experiences working for every president from Richard Nixon to Bill Clinton. For two days, these congressional liaisons, charged with moving their respective presidents’ legislative agendas through an independent—and sometimes hostile—Congress, shared first-hand views of the intricacies of presidential-congressional relations: how it works, how it doesn’t work, and the fascinating interplay of personalities, events, and politics that happens along the way. Hosted by noted presidential scholar Russell Riley and the University of Virginia’s Miller Center of Public Affairs, this seminar also featured a number of invited scholars of American politics, including the eminent Richard E. Neustadt, who appeared just before his death a month later. As explained by Riley, “. . . these discussions enlighten in two ways: they provide us a revealing glimpse into the inside, usually hidden, business of Washington, and they afford us the considered reflections of a thoughtful group of political veterans.” What makes these exchanges especially compelling, however, is their bipartisan cast, with Republicans Max L. Friedersdorf, William L. Ball III, and Frederick McClure joining Democrats Frank Moore, Charles M. Brain, John Hilley, and Lawrence Stein in thoughtful and friendly conversation.
Publisher: Texas A&M University Press
ISBN: 1603441492
Category : Political Science
Languages : en
Pages : 222
Book Description
In September 2003, seven former heads of the White House Office of Legislative Affairs gathered for the first time ever to compare their experiences working for every president from Richard Nixon to Bill Clinton. For two days, these congressional liaisons, charged with moving their respective presidents’ legislative agendas through an independent—and sometimes hostile—Congress, shared first-hand views of the intricacies of presidential-congressional relations: how it works, how it doesn’t work, and the fascinating interplay of personalities, events, and politics that happens along the way. Hosted by noted presidential scholar Russell Riley and the University of Virginia’s Miller Center of Public Affairs, this seminar also featured a number of invited scholars of American politics, including the eminent Richard E. Neustadt, who appeared just before his death a month later. As explained by Riley, “. . . these discussions enlighten in two ways: they provide us a revealing glimpse into the inside, usually hidden, business of Washington, and they afford us the considered reflections of a thoughtful group of political veterans.” What makes these exchanges especially compelling, however, is their bipartisan cast, with Republicans Max L. Friedersdorf, William L. Ball III, and Frederick McClure joining Democrats Frank Moore, Charles M. Brain, John Hilley, and Lawrence Stein in thoughtful and friendly conversation.
American Democracy in Crisis
Author: Jeanne Sheehan
Publisher: Springer Nature
ISBN: 3030622819
Category : Political Science
Languages : en
Pages : 298
Book Description
Public disenchantment with and distrust of American government is at an all-time high and who can blame them? In the face of widespread challenges—everything from record levels of personal and national debt and the sky high cost of education, to gun violence, racial discrimination, an immigration crisis, overpriced pharmaceuticals, and much more—the government seems paralyzed and unable to act, the most recent example being Covid-19. It’s the deadliest pandemic in over a century. In addition to an unimaginable sick and death toll, it has left more than thirty million Americans unemployed. Despite this, Washington let the first round of supplemental unemployment benefits run out and for more than a month were unable to agree on a bill to help those suffering. This book explains why we are in this situation, why the government is unable to respond to key challenges, and what we can do to right the ship. It requires that readers “upstream,” stop blaming the individuals in office and instead look at the root cause of the problem. The real culprit is the system; it was designed to protect liberty and structured accordingly. As a result, however, it has left us with a government that is not responsive, largely unaccountable, and often ineffective. This is not an accident; it is by design. Changing the way our government operates requires rethinking its primary goal(s) and then restructuring to meet them. To this end, this book offers specific reform proposals to restructure the government and in the process make it more accountable, effective, and responsive.
Publisher: Springer Nature
ISBN: 3030622819
Category : Political Science
Languages : en
Pages : 298
Book Description
Public disenchantment with and distrust of American government is at an all-time high and who can blame them? In the face of widespread challenges—everything from record levels of personal and national debt and the sky high cost of education, to gun violence, racial discrimination, an immigration crisis, overpriced pharmaceuticals, and much more—the government seems paralyzed and unable to act, the most recent example being Covid-19. It’s the deadliest pandemic in over a century. In addition to an unimaginable sick and death toll, it has left more than thirty million Americans unemployed. Despite this, Washington let the first round of supplemental unemployment benefits run out and for more than a month were unable to agree on a bill to help those suffering. This book explains why we are in this situation, why the government is unable to respond to key challenges, and what we can do to right the ship. It requires that readers “upstream,” stop blaming the individuals in office and instead look at the root cause of the problem. The real culprit is the system; it was designed to protect liberty and structured accordingly. As a result, however, it has left us with a government that is not responsive, largely unaccountable, and often ineffective. This is not an accident; it is by design. Changing the way our government operates requires rethinking its primary goal(s) and then restructuring to meet them. To this end, this book offers specific reform proposals to restructure the government and in the process make it more accountable, effective, and responsive.
Joseph V. Hughes Jr. and Holly O. Hughes Series on the Presidency and Leadership
Author: Russell L. Riley
Publisher: Texas A&M University Press
ISBN: 1603443274
Category : Political Science
Languages : en
Pages : 223
Book Description
Bridging the Constitutional Divide: Inside the White House Office of Legislative Affairs is sure to fascinate, and even to entertain, scholars, students, and general readers interested in the ever-shifting relationship of the presidency to the legislative branch.
Publisher: Texas A&M University Press
ISBN: 1603443274
Category : Political Science
Languages : en
Pages : 223
Book Description
Bridging the Constitutional Divide: Inside the White House Office of Legislative Affairs is sure to fascinate, and even to entertain, scholars, students, and general readers interested in the ever-shifting relationship of the presidency to the legislative branch.
The Constitution in Jeopardy
Author: Russ Feingold
Publisher: Hachette UK
ISBN: 1541701542
Category : Law
Languages : en
Pages : 316
Book Description
A former U.S. senator joins a legal scholar to examine a hushed effort to radically change our Constitution, offering a warning and a way forward. Over the last two decades, a fringe plan to call a convention under the Constitution's amendment mechanism—the nation's first ever—has inched through statehouses. Delegates, like those in Philadelphia two centuries ago, would exercise nearly unlimited authority to draft changes to our fundamental law, potentially altering anything from voting and free speech rights to regulatory and foreign policy powers. Such a watershed moment would present great danger, and for some, great power. In this important book, Feingold and Prindiville distill extensive legal and historical research and examine the grave risks inherent in this effort. But they also consider the role of constitutional amendment in modern life. Though many focus solely on judicial and electoral avenues for change, such an approach is at odds with a cornerstone ideal of the Founding: that the People make constitutional law, directly. In an era defined by faction and rejection of long-held norms, The Constitution in Jeopardy examines the nature of constitutional change and asks urgent questions about what American democracy is, and should be.
Publisher: Hachette UK
ISBN: 1541701542
Category : Law
Languages : en
Pages : 316
Book Description
A former U.S. senator joins a legal scholar to examine a hushed effort to radically change our Constitution, offering a warning and a way forward. Over the last two decades, a fringe plan to call a convention under the Constitution's amendment mechanism—the nation's first ever—has inched through statehouses. Delegates, like those in Philadelphia two centuries ago, would exercise nearly unlimited authority to draft changes to our fundamental law, potentially altering anything from voting and free speech rights to regulatory and foreign policy powers. Such a watershed moment would present great danger, and for some, great power. In this important book, Feingold and Prindiville distill extensive legal and historical research and examine the grave risks inherent in this effort. But they also consider the role of constitutional amendment in modern life. Though many focus solely on judicial and electoral avenues for change, such an approach is at odds with a cornerstone ideal of the Founding: that the People make constitutional law, directly. In an era defined by faction and rejection of long-held norms, The Constitution in Jeopardy examines the nature of constitutional change and asks urgent questions about what American democracy is, and should be.
A Right to Lie?
Author: Catherine J. Ross
Publisher: University of Pennsylvania Press
ISBN: 0812253256
Category : Political Science
Languages : en
Pages : 184
Book Description
Do the nation's highest officers, including the President, have a right to lie protected by the First Amendment? If not, what can be done to protect the nation under this threat? This book explores the various options.
Publisher: University of Pennsylvania Press
ISBN: 0812253256
Category : Political Science
Languages : en
Pages : 184
Book Description
Do the nation's highest officers, including the President, have a right to lie protected by the First Amendment? If not, what can be done to protect the nation under this threat? This book explores the various options.
The Constitutional Divide
Author: William P. Kreml
Publisher: Univ of South Carolina Press
ISBN: 9781570031113
Category : Civil law
Languages : en
Pages : 252
Book Description
Annotation. William P. Kreml contends that the sectoral divide - the division between the public and private sectors and not the divisions among America's political institutions are traditionally understood - makes up the historically and ideologically most significant separation within American law. He offers an original reinterpretation of American Constitutional development, tracing the evolution of the private and public sectors through the Magna Carta, Edward I, Coke, Blackstone, and others and assessing the impact of the English sectoral divide on the U.S. Constitution. Kreml writes that the evolution of the ideological argument between English common law and English state law had a direct impact on the development of the private and public jurisdictions within the pre-Constitutional American states as well as on the Constitutional argument between the Federalists and the Anti-Federalists. The same sectoral differentiation, Kreml maintains, underpinned the highly distinctive ideological perspectives ofthe Constitution and the Bill of Rights. Kreml then traces the sectoral divide through U.S. legal history, arguing, for example, that Roe v. Wade was not a privacy case as is commonly believed and that the open housing case of Shelley v. Kraemer was not a public-sector-enhancing case but rather a victory for private common law principles. Kreml employs a sectoral analysis to what he believes to be the Burger Court's incorrect decision in the campaign finance case of Buckley v. Valeo, and he offers an original reinterpretation of the judicial activism of the Warren Court and the differentiation between early Constitutional and Warren-era forms of political majoritarianism.
Publisher: Univ of South Carolina Press
ISBN: 9781570031113
Category : Civil law
Languages : en
Pages : 252
Book Description
Annotation. William P. Kreml contends that the sectoral divide - the division between the public and private sectors and not the divisions among America's political institutions are traditionally understood - makes up the historically and ideologically most significant separation within American law. He offers an original reinterpretation of American Constitutional development, tracing the evolution of the private and public sectors through the Magna Carta, Edward I, Coke, Blackstone, and others and assessing the impact of the English sectoral divide on the U.S. Constitution. Kreml writes that the evolution of the ideological argument between English common law and English state law had a direct impact on the development of the private and public jurisdictions within the pre-Constitutional American states as well as on the Constitutional argument between the Federalists and the Anti-Federalists. The same sectoral differentiation, Kreml maintains, underpinned the highly distinctive ideological perspectives ofthe Constitution and the Bill of Rights. Kreml then traces the sectoral divide through U.S. legal history, arguing, for example, that Roe v. Wade was not a privacy case as is commonly believed and that the open housing case of Shelley v. Kraemer was not a public-sector-enhancing case but rather a victory for private common law principles. Kreml employs a sectoral analysis to what he believes to be the Burger Court's incorrect decision in the campaign finance case of Buckley v. Valeo, and he offers an original reinterpretation of the judicial activism of the Warren Court and the differentiation between early Constitutional and Warren-era forms of political majoritarianism.
Territory and Power in Constitutional Transitions
Author: George Anderson
Publisher: Oxford University Press
ISBN: 0192573616
Category : Law
Languages : en
Pages : 556
Book Description
This collection of essays surveys the full range of challenges that territorial conflicts pose for constitution-making processes and constitutional design. It provides seventeen in-depth case studies of countries going through periods of intense constitutional engagement in a variety of contexts: small distinct territories, bi-communal countries, highly diverse countries with many politically salient regions, and countries where territorial politics is important but secondary to other bases for political mobilization. Specific examples are drawn from Iraq, Kenya, Cyprus, Nigeria, South Africa, Sri Lanka, the UK (Scotland), Ukraine, Bolivia, India, Spain, Yemen, Nepal, Ethiopia, Indonesia (Aceh), the Philippines (Mindanao), and Bosnia-Herzegovina. While the volume draws significant normative conclusions, it is based on a realist view of the complexity of territorial and other political cleavages (the country's "political geometry"), and the power configurations that lead into periods of constitutional engagement. Thematic chapters on constitution-making processes and constitutional design draw original conclusions from the comparative analysis of the case studies and relate these to the existing literature, both in political science and comparative constitutional law. This volume is essential reading for scholars of federalism, consociational power-sharing arrangements, asymmetrical devolution, and devolution more generally. The combination of in-depth case studies and broad thematic analysis allows for analytical and normative conclusions that will be of major relevance to practitioners and advisors engaged in constitutional design.
Publisher: Oxford University Press
ISBN: 0192573616
Category : Law
Languages : en
Pages : 556
Book Description
This collection of essays surveys the full range of challenges that territorial conflicts pose for constitution-making processes and constitutional design. It provides seventeen in-depth case studies of countries going through periods of intense constitutional engagement in a variety of contexts: small distinct territories, bi-communal countries, highly diverse countries with many politically salient regions, and countries where territorial politics is important but secondary to other bases for political mobilization. Specific examples are drawn from Iraq, Kenya, Cyprus, Nigeria, South Africa, Sri Lanka, the UK (Scotland), Ukraine, Bolivia, India, Spain, Yemen, Nepal, Ethiopia, Indonesia (Aceh), the Philippines (Mindanao), and Bosnia-Herzegovina. While the volume draws significant normative conclusions, it is based on a realist view of the complexity of territorial and other political cleavages (the country's "political geometry"), and the power configurations that lead into periods of constitutional engagement. Thematic chapters on constitution-making processes and constitutional design draw original conclusions from the comparative analysis of the case studies and relate these to the existing literature, both in political science and comparative constitutional law. This volume is essential reading for scholars of federalism, consociational power-sharing arrangements, asymmetrical devolution, and devolution more generally. The combination of in-depth case studies and broad thematic analysis allows for analytical and normative conclusions that will be of major relevance to practitioners and advisors engaged in constitutional design.
The Making of Constitutional Democracy
Author: Paolo Sandro
Publisher: Bloomsbury Publishing
ISBN: 1509905219
Category : Law
Languages : en
Pages : 331
Book Description
This open access book addresses a palpable, yet widely neglected, tension in legal discourse. In our everyday legal practices – whether taking place in a courtroom, classroom, law firm, or elsewhere – we routinely and unproblematically talk of the activities of creating and applying the law. However, when legal scholars have analysed this distinction in their theories (rather than simply assuming it), many have undermined it, if not dismissed it as untenable. The book considers the relevance of distinguishing between law-creation and law-application and how this transcends the boundaries of jurisprudential enquiry. It argues that such a distinction is also a crucial component of political theory. For if there is no possibility of applying a legal rule that was created by a different institution at a previous moment in time, then our current constitutional-democratic frameworks are effectively empty vessels that conceal a power relationship between public authorities and citizens that is very different from the one on which constitutional democracy is grounded. After problematising the most relevant objections in the literature, the book presents a comprehensive defence of the distinction between creation and application of law within the structure of constitutional democracy. It does so through an integrated jurisprudential methodology, which combines insights from different disciplines (including history, anthropology, political science, philosophy of language, and philosophy of action) while also casting new light on long-standing issues in public law, such as the role of legal discretion in the law-making process and the scope of the separation of powers doctrine. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.
Publisher: Bloomsbury Publishing
ISBN: 1509905219
Category : Law
Languages : en
Pages : 331
Book Description
This open access book addresses a palpable, yet widely neglected, tension in legal discourse. In our everyday legal practices – whether taking place in a courtroom, classroom, law firm, or elsewhere – we routinely and unproblematically talk of the activities of creating and applying the law. However, when legal scholars have analysed this distinction in their theories (rather than simply assuming it), many have undermined it, if not dismissed it as untenable. The book considers the relevance of distinguishing between law-creation and law-application and how this transcends the boundaries of jurisprudential enquiry. It argues that such a distinction is also a crucial component of political theory. For if there is no possibility of applying a legal rule that was created by a different institution at a previous moment in time, then our current constitutional-democratic frameworks are effectively empty vessels that conceal a power relationship between public authorities and citizens that is very different from the one on which constitutional democracy is grounded. After problematising the most relevant objections in the literature, the book presents a comprehensive defence of the distinction between creation and application of law within the structure of constitutional democracy. It does so through an integrated jurisprudential methodology, which combines insights from different disciplines (including history, anthropology, political science, philosophy of language, and philosophy of action) while also casting new light on long-standing issues in public law, such as the role of legal discretion in the law-making process and the scope of the separation of powers doctrine. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.
Populist Challenges to Constitutional Interpretation in Europe and Beyond
Author: Fruzsina Gárdos-Orosz
Publisher: Routledge
ISBN: 1000386228
Category : Business & Economics
Languages : en
Pages : 309
Book Description
This book explores the relationship between populism or populist regimes and constitutional interpretation used in those regimes. The volume discusses the question of whether contemporary populist governments and movements have developed, or encouraged new and specific constitutional theories, doctrines and methods of interpretation, or whether their constitutional and other high courts continue to use the old, traditional interpretative tools in constitutional adjudication. The book is divided into four parts. Part I contains three chapters elaborating the theoretical basis for the discussion. Part II examines the topic from a comparative perspective, representing those European countries where populism is most prevalent, including Austria, Croatia, the Czech Republic, Greece, Hungary, Italy, Poland, Romania, Spain, and the United Kingdom. Part III extends the focus to the United States, reflecting how American jurisprudence and academia have produced the most important contributions to the theory of constitutional interpretation, and how recent political developments in that country might challenge the traditional understanding of judicial review. This section also includes a general overview on Latin America, where there are also some populist governments and strong populist movements. Finally, the editors’ closing study analyses the outcomes of the comparative research, summarizing the conclusions of the book. Written by renowned national constitutional scholars, the book will be essential reading for students, academics and researchers working in Constitutional Law and Politics. Chapter 1 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.
Publisher: Routledge
ISBN: 1000386228
Category : Business & Economics
Languages : en
Pages : 309
Book Description
This book explores the relationship between populism or populist regimes and constitutional interpretation used in those regimes. The volume discusses the question of whether contemporary populist governments and movements have developed, or encouraged new and specific constitutional theories, doctrines and methods of interpretation, or whether their constitutional and other high courts continue to use the old, traditional interpretative tools in constitutional adjudication. The book is divided into four parts. Part I contains three chapters elaborating the theoretical basis for the discussion. Part II examines the topic from a comparative perspective, representing those European countries where populism is most prevalent, including Austria, Croatia, the Czech Republic, Greece, Hungary, Italy, Poland, Romania, Spain, and the United Kingdom. Part III extends the focus to the United States, reflecting how American jurisprudence and academia have produced the most important contributions to the theory of constitutional interpretation, and how recent political developments in that country might challenge the traditional understanding of judicial review. This section also includes a general overview on Latin America, where there are also some populist governments and strong populist movements. Finally, the editors’ closing study analyses the outcomes of the comparative research, summarizing the conclusions of the book. Written by renowned national constitutional scholars, the book will be essential reading for students, academics and researchers working in Constitutional Law and Politics. Chapter 1 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.
How Rights Went Wrong
Author: Jamal Greene
Publisher: Houghton Mifflin
ISBN: 1328518116
Category : Law
Languages : en
Pages : 341
Book Description
An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.
Publisher: Houghton Mifflin
ISBN: 1328518116
Category : Law
Languages : en
Pages : 341
Book Description
An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.