The Rise And Fall Of Constitutional Government In America
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Author | : John F. Kowal |
Publisher | : The New Press |
Total Pages | : 493 |
Release | : 2021-09-21 |
Genre | : Law |
ISBN | : 1620975629 |
The 233-year story of how the American people have taken an imperfect constitution—the product of compromises and an artifact of its time—and made it more democratic Who wrote the Constitution? That’s obvious, we think: fifty-five men in Philadelphia in 1787. But much of the Constitution was actually written later, in a series of twenty-seven amendments enacted over the course of two centuries. The real history of the Constitution is the astonishing story of how subsequent generations have reshaped our founding document amid some of the most colorful, contested, and controversial battles in American political life. It’s a story of how We the People have improved our government’s structure and expanded the scope of our democracy during eras of transformational social change. The People’s Constitution is an elegant, sobering, and masterly account of the evolution of American democracy. From the addition of the Bill of Rights, a promise made to save the Constitution from near certain defeat, to the post–Civil War battle over the Fourteenth Amendment, from the rise and fall of the “noble experiment” of Prohibition to the defeat and resurgence of an Equal Rights Amendment a century in the making, The People’s Constitution is the first book of its kind: a vital guide to America’s national charter, and an alternative history of the continuing struggle to realize the Framers’ promise of a more perfect union.
Author | : Mike Lofgren |
Publisher | : Penguin |
Total Pages | : 322 |
Release | : 2016-01-05 |
Genre | : Political Science |
ISBN | : 0698186923 |
The New York Times bestselling author of The Party Is Over delivers a no-holds-barred exposé of who really wields power in Washington Every Four years, tempers are tested and marriages fray as Americans head to the polls to cast their votes. But does anyone really care what we think? Has our vaunted political system become one big, expensive, painfully scriped reality TV show? In this cringe-inducing expose of the sins and excesses of Beltwayland, a longtime Republican party insider argues that we have become an oligarchy in form if not in name. Hooked on war, genuflecting to big donors, in thrall to discredited economic theories and utterly bereft of a moral compass, America’s governing classes are selling their souls to entrenched interest while our bridges collapse, wages, stagnate, and our water is increasingly undrinkable. Drawing on sinsights gleaned over three decades on Capitol Hill, much of it on the Budget Committee, Lofgren paints a gripping portrait of the dismal swamp on the Potomac and the revolution it will take to reclaim our government and set us back on course.
Author | : Aziz Z. Huq |
Publisher | : Oxford University Press |
Total Pages | : 193 |
Release | : 2021 |
Genre | : LAW |
ISBN | : 0197556817 |
"This book describes and explains the failure of the federal courts of the United States to act and to provide remedies to individuals whose constitutional rights have been violated by illegal state coercion and violence. This remedial vacuum must be understood in light of the original design and historical development of the federal courts. At its conception, the federal judiciary was assumed to be independent thanks to an apolitical appointment process, a limited supply of adequately trained lawyers (which would prevent cherry-picking), and the constraining effect of laws and constitutional provision. Each of these checks quickly failed. As a result, the early federal judicial system was highly dependent on Congress. Not until the last quarter of the nineteenth century did a robust federal judiciary start to emerge, and not until the first quarter of the twentieth century did it take anything like its present form. The book then charts how the pressure from Congress and the White House has continued to shape courts behaviour-first eliciting a mid-twentieth-century explosion in individual remedies, and then driving a five-decade long collapse. Judges themselves have not avidly resisted this decline, in part because of ideological reasons and in part out of institutional worries about a ballooning docket. Today, as a result of these trends, the courts are stingy with individual remedies, but aggressively enforce the so-called "structural" constitution of the separation of powers and federalism. This cocktail has highly regressive effects, and is in urgent need of reform"--
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.
Author | : F. H. Buckley |
Publisher | : Encounter Books |
Total Pages | : 424 |
Release | : 2015-06-23 |
Genre | : Political Science |
ISBN | : 1594037949 |
This remarkable book shatters just about every myth surrounding American government, the Constitution, and the Founding Fathers, and offers the clearest warning about the alarming rise of one-man rule in the age of Obama. Most Americans believe that this country uniquely protects liberty, that it does so because of its Constitution, and that for this our thanks must go to the Founders, at their Convention in Philadelphia in 1787. F. H. Buckley’s book debunks all these myths. America isn’t the freest country around, according to the think tanks that study these things. And it’s not the Constitution that made it free, since parliamentary regimes are generally freer than presidential ones. Finally, what we think of as the Constitution, with its separation of powers, was not what the Founders had in mind. What they expected was a country in which Congress would dominate the government, and in which the president would play a much smaller role. Sadly, that’s not the government we have today. What we have instead is what Buckley calls Crown government: the rule of an all-powerful president. The country began in a revolt against one king, and today we see the dawn of a new kind of monarchy. What we have is what Founder George Mason called an “elective monarchy,” which he thought would be worse than the real thing. Much of this is irreversible. Constitutional amendments to redress the balance of power are extremely unlikely, and most Americans seem to have accepted, and even welcomed, Crown government. The way back lies through Congress, and Buckley suggests feasible reforms that it might adopt, to regain the authority and respect it has squandered.
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.
Author | : Bruce Ackerman |
Publisher | : Harvard + ORM |
Total Pages | : 183 |
Release | : 2011-02-01 |
Genre | : Political Science |
ISBN | : 0674261364 |
“Audacious . . . offers a fierce critique of democracy’s most dangerous adversary: the abuse of democratic power by democratically elected chief executives.” (Benjamin R. Barber, New York Times bestselling author of Jihad vs. McWorld ) Bruce Ackerman shows how the institutional dynamics of the last half-century have transformed the American presidency into a potential platform for political extremism and lawlessness. Watergate, Iran-Contra, and the War on Terror are only symptoms of deeper pathologies. Ackerman points to a series of developments that have previously been treated independently of one another?from the rise of presidential primaries, to the role of pollsters and media gurus, to the centralization of power in White House czars, to the politicization of the military, to the manipulation of constitutional doctrine to justify presidential power-grabs. He shows how these different transformations can interact to generate profound constitutional crises in the twenty-first century?and then proposes a series of reforms that will minimize, if not eliminate, the risks going forward. “The questions [Ackerman] raises regarding the threat of the American Executive to the republic are daunting. This fascinating book does an admirable job of laying them out.” —The Rumpus “Ackerman worries that the office of the presidency will continue to grow in political influence in the coming years, opening possibilities for abuse of power if not outright despotism.” —Boston Globe “A serious attention-getter.” —Joyce Appleby, author of The Relentless Revolution “Those who care about the future of our nation should pay careful heed to Ackerman’s warning, as well as to his prescriptions for avoiding a constitutional disaster.” —Geoffrey R. Stone, author of Perilous Times
Author | : John Agresto |
Publisher | : Cornell University Press |
Total Pages | : 184 |
Release | : 2016-10-15 |
Genre | : Law |
ISBN | : 1501712918 |
In The Supreme Court and Constitutional Democracy John Agresto traces the development of American judicial power, paying close attention to what he views as the very real threat of judicial supremacy. Agresto examines the role of the judiciary in a democratic society and discusses the proper place of congressional power in constitutional issues. Agresto argues that while the separation of congressional and judicial functions is a fundamental tenet of American government, the present system is not effective in maintaining an appropriate balance of power. He shows that continued judicial expansion, especially into the realm of public policy, might have severe consequences for America's national life and direction, and offers practical recommendations for safeguarding against an increasingly powerful Supreme Court. John Agresto's controversial argument, set in the context of a historical and theoretical inquiry, will be of great interest to scholars and students in political science and law, especially American constitutional law and political theory.
Author | : Joseph Postell |
Publisher | : University of Missouri Press |
Total Pages | : 416 |
Release | : 2017-07-30 |
Genre | : Political Science |
ISBN | : 0826273785 |
The rise of the administrative state is the most significant political development in American politics over the past century. While our Constitution separates powers into three branches, and requires that the laws are made by elected representatives in the Congress, today most policies are made by unelected officials in agencies where legislative, executive, and judicial powers are combined. This threatens constitutionalism and the rule of law. This book examines the history of administrative power in America and argues that modern administrative law has failed to protect the principles of American constitutionalism as effectively as earlier approaches to regulation and administration.
Author | : United States. National Archives and Records Service |
Publisher | : |
Total Pages | : 0 |
Release | : 1978 |
Genre | : Constitutional history |
ISBN | : 9780911333244 |