Explicit And Authentic Acts
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Explicit And Authentic Acts
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Author : David E. Kyvig
language : en
Publisher: University Press of Kansas
Release Date : 2016-03-14
Explicit And Authentic Acts written by David E. Kyvig and has been published by University Press of Kansas this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-14 with Political Science categories.
In time for the 225th anniversary of the Bill of Rights, David Kyvig completed an Afterword to his landmark study of the process of amending the US Constitution. The Afterword discusses the many amendments, such those requiring a balanced federal budget or limiting the terms of members of Congress, that have been proposed since the book was originally published and why they failed of passage. At a time when prominent scholars and other public figures have called for a constitutional convention to write a new constitution, arguing that our current system of governance is unsustainable Kyvig reminds us of the high hurdles the founders created to amending the constitution and how they have served the country well, preventing the amendment process from being used by one faction to serve the passions of the moment. In his farewell address, President Washington reminded his audience that the Constitution, "till changed by an explicit and authentic act of the whole people, is sacredly obligatory upon all." He regarded the Constitution as a binding document worthy of devout allegiance, but also believed that it contains a clear and appropriate procedure for its own reform. David Kyvig's illuminating study provides the most complete and insightful history of that amendment process and its fundamental importance for American political life. Over the course of the past two centuries, more than 10,000 amendments have been proposed by the method stipulated in Article V of the Constitution. Amazingly, only 33 have garnered the required two-thirds approval from both houses of Congress, and only 27 were ultimately ratified into law by the states. Despite their small number, those amendments have revolutionized American government while simultaneously legitimizing and preserving its continued existence. Indeed, they have dramatically altered the relationship between state and federal authority, as well as between government and private citizens. Kyvig reexamines the creation and operation of Article V, illuminating the process and substance of each major successful and failed effort to change the formal structure, duties, and limits of the federal government. He analyzes in detail the Founders' intentions; the periods of great amendment activity during the 1790s, 1860s, 1910s, and 1960s; and the considerable consequences of amendment failure involving slavery, alcohol prohibition, child labor, New Deal programs, school prayer, equal rights for women, abortion, balanced budgets, term limits, and flag desecration.
Memorandum On The Legal Effect Of Opinions Given By Judges To The Executive And The Legislature Under Certain American Constitutions
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Author : James Bradley Thayer
language : en
Publisher:
Release Date : 1885
Memorandum On The Legal Effect Of Opinions Given By Judges To The Executive And The Legislature Under Certain American Constitutions written by James Bradley Thayer and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1885 with Advisory opinions categories.
Perfecting The Constitution
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Author : Darren Patrick Guerra
language : en
Publisher: Bloomsbury Publishing PLC
Release Date : 2013-06-10
Perfecting The Constitution written by Darren Patrick Guerra and has been published by Bloomsbury Publishing PLC this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-06-10 with Law categories.
He who can change the Constitution controls the Constitution. So who does control the Constitution? The answer has always been: “the people.” The people control the Constitution via the Article V amending process outlined in the Constitution itself. Changes can only be made through Article V and its formal procedures. Article V has always provided a means of perfecting the Constitution in an explicit, democratically authentic, prudent, and deliberative manner. In addition to changing the Constitution Article V also allowed the people to perfect and preserve their Constitution at the same time. In recent years Article V has come under attack by influential legal scholars who criticize it for being too difficult, undemocratic, and too formal. Such scholars advocate for ignoring Article V in favor of elite adaptation of the Constitution or popular amendment through national referendums. In making their case, critics also assume that Article V is an unimportant and expendable part of the Constitutional structure. One notable scholar called the Constitution “imbecilic” because of Article V. This book shows that, to the contrary, Article V is a unique and powerful extension of the American tradition of written constitutionalism. It was a logical extension of American constitutional development and it was a powerful tool used by the Federalists to argue for ratification of the new Constitution. Since then it has served as a means of “perfecting” the US Constitution for over 200 years via a wide range of amendments. Contrary to contemporary critics, the historical evidence shows Article V to be a vital element in the Constitutional architecture, not an expendable or ancillary piece. This book defends Article V against critics by showing that it is neither too difficult, undemocratic, nor too formal. Furthermore, a positive case is made that Article V remains the most clear and powerful way to register the sovereign desires of the American public with regard to alterations of their fundamental law. In the end, Article V is an essential bulwark to maintaining a written Constitution that secures the rights of the people against both elites and themselves.
The Founding Fathers V The People
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Author : Anthony King
language : en
Publisher: Harvard University Press
Release Date : 2012-01-02
The Founding Fathers V The People written by Anthony King and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-01-02 with Political Science categories.
This book is an extended essay on the way in which the American political system functions, and the tensions that arise between constitutionalism and democracy.
Federalism The Supreme Court And The Seventeenth Amendment
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Author : Ralph A. Rossum
language : en
Publisher: Lexington Books
Release Date : 2001-09-12
Federalism The Supreme Court And The Seventeenth Amendment written by Ralph A. Rossum and has been published by Lexington Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-09-12 with Law categories.
Abraham Lincoln worried that the 'walls' of the constitution would ultimately be leveled by the 'silent artillery of time.' His fears materialized with the 1913 ratification of the Seventeenth Amendment, which, by eliminating federalism's structural protection, altered the very nature and meaning of federalism. Ralph A. Rossum's provocative new book considers the forces unleashed by an amendment to install the direct election of U.S. Senators. Far from expecting federalism to be protected by an activist court, the Framers, Rossum argues, expected the constitutional structure, particularly the election of the Senate by state legislatures, to sustain it. In Federalism, the Supreme Court, and the Seventeenth Amendment Rossum challenges the fundamental jurisprudential assumptions about federalism. He also provides a powerful indictment of the controversial federalist decisions recently handed down by an activist U.S. Supreme Court seeking to fill the gap created by the Seventeenth Amendment's ratification and protect the original federal design. Rossum's masterful handling of the development of federalism restores the true significance to an amendment previously consigned to the footnotes of history. It demonstrates how the original federal design has been amended out of existence; the interests of states as states abandoned and federalism left unprotected, both structurally and democratically. It highlights the ultimate irony of constitutional democracy: that an amendment intended to promote democracy, even at the expense of federalism, has been undermined by an activist court intent on protecting federalism, at the expense of democracy.
American Epic
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Author : Garrett Epps
language : en
Publisher: Oxford University Press
Release Date : 2015-02
American Epic written by Garrett Epps and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-02 with Law categories.
"The United States is the only nation in the world in which political leaders, judges and soldiers all swear allegiance not to a king or a people but to a document, the Constitution. The Constitution today, however, is much revered but little read. . Readers of AMERICAN EPIC will never think of the Constitution in quite the same way again. Garrett Epps, a legal scholar who is also a journalist and writer of prize-winning fiction, takes readers on a literary tour of the Constitution, finding in it much that is interesting, puzzling, praiseworthy, and sometimes hilarious. Reading the Constitution like a literary work yields a host of meanings that shed new light on what it means to be an American"--
The Practice Of American Public Policymaking
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Author : Selden Biggs
language : en
Publisher: Routledge
Release Date : 2014-12-18
The Practice Of American Public Policymaking written by Selden Biggs and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-12-18 with Business & Economics categories.
Designed for upper-level and professional courses, this text is a state-of-the-art introduction to the public policymaking process that gives equal attention to issues of policy implementation and public governance. It uses an innovative systems approach, integrating the activities, actors, tools, and techniques of policymaking, to provide a comprehensive framework for policy design and analysis. The book is practice-oriented, with a focus on the ways that policymakers at all levels employ the standard "technologies" of governance - authority, agency, program, rule, contract, and budget - to design policy outputs and achieve policy outcomes. Through extensive use of graphics, the text makes concepts easy to grasp for a generation of students accustomed to the visual presentation of ideas. Case studies illustrate the tools and techniques discussed, and key terms, questions for discussion, and suggested readings round out each chapter.
No Votes For Women
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Author : Susan Goodier
language : en
Publisher: University of Illinois Press
Release Date : 2012-03-15
No Votes For Women written by Susan Goodier and has been published by University of Illinois Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-03-15 with Social Science categories.
No Votes for Women explores the complicated history of the suffrage movement in New York State by delving into the stories of women who opposed the expansion of voting rights to women. Susan Goodier finds that conservative women who fought against suffrage encouraged women to retain their distinctive feminine identities as protectors of their homes and families, a role they felt was threatened by the imposition of masculine political responsibilities. She details the victories and defeats on both sides of the movement from its start in the 1890s to its end in the 1930s, acknowledging the powerful activism of this often overlooked and misunderstood political force in the history of women's equality.
The Founding Fathers Reconsidered
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Author : R. B. Bernstein
language : en
Publisher: Oxford University Press
Release Date : 2009-05-05
The Founding Fathers Reconsidered written by R. B. Bernstein and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-05-05 with Biography & Autobiography categories.
In a scholarly, yet accessible work, Bernstein reveals the Founding Fathers not as shining demigods but as imperfect human beings who nevertheless achieved political greatness.
Comparative Federalism
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Author : Thomas O. Hueglin
language : en
Publisher: University of Toronto Press
Release Date : 2015-01-01
Comparative Federalism written by Thomas O. Hueglin and has been published by University of Toronto Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-01-01 with Political Science categories.
Comparative Federalism: A Systematic Inquiry, Second Edition is a uniquely comprehensive, analytic, and genuinely comparative introduction to the principles and practices, as well as the institutional compromises, of federalism. Hueglin and Fenna draw from their diverse research on federal systems to focus on four main models--America, Canada, Germany, and the European Union--but also to range widely over other cases. At the heart of the book is careful analysis of the relationship between constitutional design and amendment, fiscal relations, institutional structures, intergovernmental relations, and judicial review. Such analysis serves the dual role of helping the reader understand federalism and providing a comparative framework from which to assess the record of federal systems. The second edition has been extensively revised and updated, taking into account new developments in federal systems and incorporating insights from the growing body of literature in the field. It includes two new chapters, "Fiscal Federalism" and "The Limits of Federalism."