American Federalism and Individual Rights

American Federalism and Individual Rights
Author: Stephanie Mora Walls
Publisher: Rowman & Littlefield
Total Pages: 261
Release: 2021-02-15
Genre: Political Science
ISBN: 1498589456

The protection of individual rights and the division of power between the national government and the states are core principles upon which American governance is built, but how well do these concepts work together and to what extent could they be at cross purposes? American Federalism and Individual Rights presents both of these founding concepts and explores their compatibility through policy-specific studies, including civil rights, education, marriage equality, and physician-assisted death. Written for anyone interested in American politics, the author presents all of the foundational information one would need to make their own assessment of how federalism works to either promote or undermine the protection of the individual in these policy areas along with suggestions for further study.

American Government 3e

American Government 3e
Author: Glen Krutz
Publisher:
Total Pages: 0
Release: 2023-05-12
Genre:
ISBN: 9781738998470

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.

The Federalist Papers

The Federalist Papers
Author: Alexander Hamilton
Publisher: Read Books Ltd
Total Pages: 420
Release: 2018-08-20
Genre: History
ISBN: 1528785878

Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.

Who Decides?

Who Decides?
Author: Jeffrey S. Sutton
Publisher: Oxford University Press
Total Pages: 497
Release: 2021-10-29
Genre: LAW
ISBN: 0197582184

"51 Imperfect Solutions told stories about specific state and federal individual constitutional rights, and explained two benefits of American federalism: how two sources of constitutional protection for liberty and property rights could be valuable to individual freedom and how the state courts could be useful laboratories of innovation when it comes to the development of national constitutional rights. This book tells the other half of the story. Instead of focusing on state constitutional individual rights, this book takes on state constitutional structure. Everything in law and politics, including individual rights, comes back to divisions of power and the evergreen question: Who decides? The goal of this book is to tell the structure side of the story and to identify the shifting balances of power revealed when one accounts for American constitutional law as opposed to just federal constitutional law. The book contains three main parts-on the judicial, executive, and legislative branches-as well as stand-alone chapters on home-rule issues raised by local governments and the benefits and burdens raised by the ease of amending state constitutions. A theme in the book is the increasingly stark divide between the ever-more democratic nature of state governments and the ever-less democratic nature of the federal government over time"--

Keeping the Compound Republic

Keeping the Compound Republic
Author: Martha Derthick
Publisher: Rowman & Littlefield
Total Pages: 207
Release: 2004-06-23
Genre: Political Science
ISBN: 081579844X

The framers of the U. S. Constitution focused intently on the difficulties of achieving a workable middle ground between national and local authority. They located that middle ground in a new form of federalism that James Madison called the "compound republic." The term conveys the complicated and ambiguous intent of the framing generation and helps to make comprehensible what otherwise is bewildering to the modern citizenry: a form of government that divides and disperses official power between majorities of two different kinds—one composed of individual voters, and the other, of the distinct political societies we call states. America's federalism is the subject of this collection of essays by Martha Derthick, a leading scholar of American government. She explores the nature of the compound republic, with attention both to its enduring features and to the changes wrought in the twentieth century by Progressivism, the New Deal, and the civil rights revolution. Interest in federalism is likely to increase in the wake of the 2000 presidential election. There are demands for reform of the electoral college, given heightened awareness that it does not strictly reflect the popular vote. The U. S. Supreme Court, under Chief Justice William H. Rehnquist, has mounted an explicit and controversial defense of federalism, and new nominees to the Court are likely to be questioned on that subject and appraised in part by their responses. Derthick's essays invite readers to join the Court in weighing the contemporary importance of federalism as an institution of government.

Federalism, Liberty, and the Law

Federalism, Liberty, and the Law
Author: James M. Buchanan
Publisher: Collected Works of James M. Bu
Total Pages: 0
Release: 2001
Genre: Business & Economics
ISBN: 9780865972476

As diverse as the papers presented in this volume may seem at first glance, all of them touch on two characteristic themes of James Buchanan's work: the respect for individual sovereignty and the threat of monopoly power on the rights of the individual. In his foreword, Hartmut Kliemt says, "As opposed to more extreme and more utopian libertarians, [Buchanan] well understands that in our world it takes a state to defend the individual from the state. Buchanan, therefore, is not an anarchist but, rather, what may be called a 'reluctant anarchist' who accepts both that the state is the greatest threat to individual sovereignty and that without some statelike monopoly, individual sovereignty cannot be protected." The twenty-six essays included in Federalism, Liberty, and the Law are grouped into these categories: The Analytics of Federalism Federalism and Freedom Liberty, Man, and the State The Constitution of Markets Economists, Efficiency, and the Law Law, Money, and Crime The central issue that unites the pieces in this volume is monopoly power and its control. As a libertarian, Buchanan sees government as the greatest threat--and also the greatest protector--of individual liberties. James M. Buchanan (1919-2013) was an eminent economist who won the Alfred Nobel Memorial Prize in Economic Sciences in 1986 and was considered one of the greatest scholars of liberty in the twentieth century.

A History of the Supreme Court

A History of the Supreme Court
Author: the late Bernard Schwartz
Publisher: Oxford University Press
Total Pages: 477
Release: 1995-02-23
Genre: Law
ISBN: 0199840555

When the first Supreme Court convened in 1790, it was so ill-esteemed that its justices frequently resigned in favor of other pursuits. John Rutledge stepped down as Associate Justice to become a state judge in South Carolina; John Jay resigned as Chief Justice to run for Governor of New York; and Alexander Hamilton declined to replace Jay, pursuing a private law practice instead. As Bernard Schwartz shows in this landmark history, the Supreme Court has indeed travelled a long and interesting journey to its current preeminent place in American life. In A History of the Supreme Court, Schwartz provides the finest, most comprehensive one-volume narrative ever published of our highest court. With impeccable scholarship and a clear, engaging style, he tells the story of the justices and their jurisprudence--and the influence the Court has had on American politics and society. With a keen ability to explain complex legal issues for the nonspecialist, he takes us through both the great and the undistinguished Courts of our nation's history. He provides insight into our foremost justices, such as John Marshall (who established judicial review in Marbury v. Madison, an outstanding display of political calculation as well as fine jurisprudence), Roger Taney (whose legacy has been overshadowed by Dred Scott v. Sanford), Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, and others. He draws on evidence such as personal letters and interviews to show how the court has worked, weaving narrative details into deft discussions of the developments in constitutional law. Schwartz also examines the operations of the court: until 1935, it met in a small room under the Senate--so cramped that the judges had to put on their robes in full view of the spectators. But when the new building was finally opened, one justice called it "almost bombastically pretentious," and another asked, "What are we supposed to do, ride in on nine elephants?" He includes fascinating asides, on the debate in the first Court, for instance, over the use of English-style wigs and gowns (the decision: gowns, no wigs); and on the day Oliver Wendell Holmes announced his resignation--the same day that Earl Warren, as a California District Attorney, argued his first case before the Court. The author brings the story right up to the present day, offering balanced analyses of the pivotal Warren Court and the Rehnquist Court through 1992 (including, of course, the arrival of Clarence Thomas). In addition, he includes four special chapters on watershed cases: Dred Scott v. Sanford, Lochner v. New York, Brown v. Board of Education, and Roe v. Wade. Schwartz not only analyzes the impact of each of these epoch-making cases, he takes us behind the scenes, drawing on all available evidence to show how the justices debated the cases and how they settled on their opinions. Bernard Schwartz is one of the most highly regarded scholars of the Supreme Court, author of dozens of books on the law, and winner of the American Bar Association's Silver Gavel Award. In this remarkable account, he provides the definitive one-volume account of our nation's highest court.

The Constitution

The Constitution
Author: Michael Stokes Paulsen
Publisher: Basic Books
Total Pages: 364
Release: 2017-01-03
Genre: Law
ISBN: 0465093299

The definitive modern primer on the US Constitution, “an eloquent testament to the Constitution as a covenant across generations” (National Review). From freedom of speech to gun ownership, religious liberty to abortion, practically every aspect of American life is shaped by the Constitution. Yet most of us know surprisingly little about the Constitution itself. In The Constitution, legal scholars Michael Stokes Paulsen and Luke Paulsen offer a lively introduction to the supreme law of the United States. Beginning with the Constitution’s birth in 1787, Paulsen and Paulsen offer a grand tour of its provisions, principles, and interpretation, introducing readers to the characters and controversies that have shaped the Constitution in the 200-plus years since its creation. Along the way, the authors correct popular misconceptions about the Constitution and offer powerful insights into its true meaning. This lucid guide provides readers with the tools to think critically about constitutional issues — a skill that is ever more essential to the continued flourishing of American democracy.

How Rights Went Wrong

How Rights Went Wrong
Author: Jamal Greene
Publisher: Houghton Mifflin
Total Pages: 341
Release: 2021
Genre: Law
ISBN: 1328518116

An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.

51 Imperfect Solutions

51 Imperfect Solutions
Author: Judge Jeffrey S. Sutton
Publisher: Oxford University Press
Total Pages: 297
Release: 2018-05-07
Genre: Law
ISBN: 0190866063

When we think of constitutional law, we invariably think of the United States Supreme Court and the federal court system. Yet much of our constitutional law is not made at the federal level. In 51 Imperfect Solutions, U.S. Court of Appeals Judge Jeffrey S. Sutton argues that American Constitutional Law should account for the role of the state courts and state constitutions, together with the federal courts and the federal constitution, in protecting individual liberties. The book tells four stories that arise in four different areas of constitutional law: equal protection; criminal procedure; privacy; and free speech and free exercise of religion. Traditional accounts of these bedrock debates about the relationship of the individual to the state focus on decisions of the United States Supreme Court. But these explanations tell just part of the story. The book corrects this omission by looking at each issue-and some others as well-through the lens of many constitutions, not one constitution; of many courts, not one court; and of all American judges, not federal or state judges. Taken together, the stories reveal a remarkably complex, nuanced, ever-changing federalist system, one that ought to make lawyers and litigants pause before reflexively assuming that the United States Supreme Court alone has all of the answers to the most vexing constitutional questions. If there is a central conviction of the book, it's that an underappreciation of state constitutional law has hurt state and federal law and has undermined the appropriate balance between state and federal courts in protecting individual liberty. In trying to correct this imbalance, the book also offers several ideas for reform.