Constitutional Home Rule
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City Power
Author | : Richard C. Schragger |
Publisher | : Oxford University Press |
Total Pages | : 337 |
Release | : 2016 |
Genre | : Business & Economics |
ISBN | : 0190246669 |
Reigning theories of urban power suggest that in a world dominated by footloose transnational capital, cities have little capacity to effect social change. In City Power, Richard Schragger challenges this conventional wisdom, arguing that cities can and should pursue aims other than making themselves attractive to global capital. Using the municipal living wage movement as an example, Schragger explains why cities are well-positioned to address issues like income equality and how our institutions can be designed to allow them to do so.
Oregon Blue Book
Author | : Oregon. Office of the Secretary of State |
Publisher | : |
Total Pages | : 232 |
Release | : 1895 |
Genre | : Oregon |
ISBN | : |
The Law of Municipal Corporations
Author | : John Forrest Dillon |
Publisher | : |
Total Pages | : 546 |
Release | : 1873 |
Genre | : History |
ISBN | : |
The Law of Municipal Corporations by John Dillon Forrest, first published in 1873, is a rare manuscript, the original residing in one of the great libraries of the world. This book is a reproduction of that original, which has been scanned and cleaned by state-of-the-art publishing tools for better readability and enhanced appreciation. Restoration Editors' mission is to bring long out of print manuscripts back to life. Some smudges, annotations or unclear text may still exist, due to permanent damage to the original work. We believe the literary significance of the text justifies offering this reproduction, allowing a new generation to appreciate it.
How Our Laws are Made
Author | : John V. Sullivan |
Publisher | : |
Total Pages | : 72 |
Release | : 2007 |
Genre | : Government publications |
ISBN | : |
Constitutional Construction
Author | : Keith E. Whittington |
Publisher | : Harvard University Press |
Total Pages | : 315 |
Release | : 2009-06-01 |
Genre | : Law |
ISBN | : 0674045157 |
This book argues that the Constitution has a dual nature. The first aspect, on which legal scholars have focused, is the degree to which the Constitution acts as a binding set of rules that can be neutrally interpreted and externally enforced by the courts against government actors. This is the process of constitutional interpretation. But according to Keith Whittington, the Constitution also permeates politics itself, to guide and constrain political actors in the very process of making public policy. In so doing, it is also dependent on political actors, both to formulate authoritative constitutional requirements and to enforce those fundamental settlements in the future. Whittington characterizes this process, by which constitutional meaning is shaped within politics at the same time that politics is shaped by the Constitution, as one of construction as opposed to interpretation. Whittington goes on to argue that ambiguities in the constitutional text and changes in the political situation push political actors to construct their own constitutional understanding. The construction of constitutional meaning is a necessary part of the political process and a regular part of our nation's history, how a democracy lives with a written constitution. The Constitution both binds and empowers government officials. Whittington develops his argument through intensive analysis of four important cases: the impeachments of Justice Samuel Chase and President Andrew Johnson, the nullification crisis, and reforms of presidential-congressional relations during the Nixon presidency.
Keeping Faith with the Constitution
Author | : Goodwin Liu |
Publisher | : Oxford University Press |
Total Pages | : 274 |
Release | : 2010-08-05 |
Genre | : Law |
ISBN | : 0199752834 |
Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.
Home Rule in America
Author | : Dale Krane |
Publisher | : CQ Press |
Total Pages | : 524 |
Release | : 2001 |
Genre | : Education |
ISBN | : |
Home rule powers are essential parts of the American governing process, but they vary widely from state to state. This authoritative reference work examines the powers and functions of municipalities and counties that operate under home rule within each state. For example, the ability of a local municipality to raise taxes, annex land, or impose regulations is determined by their home rule powers from the states. This volume provides a reliable reference work for researchers and students - a single source that readers can trust for information about: The actions that local governments can - and cannot - pursue States where power is centralized at the capital and where it is not How home rule varies within each state by governmental function Trends in important issues such as taxes, land annexation, and citizen access. The editors organized the book in three parts: an overview of American home rule, including its history; a state-by-state description of home rule authority; and a comparative appendix that allows readers a quick reference source of powers by state. A scholar or governmental expert was selected in each state to prepare the state descriptions. Each chapter follows the same outline of content that allows easy comparison between states. In an era of power and responsibilities devolving from the national government to states and localities, the use of home rule powers has become increasingly important to the health of American government and federalism. Researchers and interested citizens will benefit from this comprehensive reference. Home Rule in America was directed by Dale Krane of the department of public administration, University of Nebraska, Omaha; Platon N. Rigos, department of government and international affairs, University of South Florida; and Melvin Hill, the Vinson Institute of Government, University of Georgia.
Constitutional Morality and the Rise of Quasi-Law
Author | : Bruce P. Frohnen |
Publisher | : Harvard University Press |
Total Pages | : 304 |
Release | : 2016-06-13 |
Genre | : Law |
ISBN | : 0674968921 |
Americans are increasingly ruled by an unwritten constitution consisting of executive orders, signing statements, and other forms of quasi-law that lack the predictability and consistency essential for the legal system to function properly. As a result, the U.S. Constitution no longer means what it says to the people it is supposed to govern, and the government no longer acts according to the rule of law. These developments can be traced back to a change in “constitutional morality,” Bruce Frohnen and George Carey argue in this challenging book. The principle of separation of powers among co-equal branches of government formed the cornerstone of America’s original constitutional morality. But toward the end of the nineteenth century, Progressives began to attack this bedrock principle, believing that it impeded government from “doing the people’s business.” The regime of mixed powers, delegation, and expansive legal interpretation they instituted rejected the ideals of limited government that had given birth to the Constitution. Instead, Progressives promoted a governmental model rooted in French revolutionary claims. They replaced a Constitution designed to mediate among society’s different geographic and socioeconomic groups with a body of quasi-laws commanding the democratic reformation of society. Pursuit of this Progressive vision has become ingrained in American legal and political culture—at the cost, according to Frohnen and Carey, of the constitutional safeguards that preserve the rule of law.