States Of Exception In American History
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States Of Exception In American History
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Author : Gary Gerstle
language : en
Publisher: University of Chicago Press
Release Date : 2020-10-19
States Of Exception In American History written by Gary Gerstle and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-19 with History categories.
States of Exception in American History brings to light the remarkable number of instances since the Founding in which the protections of the Constitution have been overridden, held in abeyance, or deliberately weakened for certain members of the polity. In the United States, derogations from the rule of law seem to have been a feature of—not a bug in—the constitutional system. The first comprehensive account of the politics of exceptions and emergencies in the history of the United States, this book weaves together historical studies of moments and spaces of exception with conceptual analyses of emergency, the state of exception, sovereignty, and dictatorship. The Civil War, the Great Depression, and the Cold War figure prominently in the essays; so do Francis Lieber, Frederick Douglass, John Dewey, Clinton Rossiter, and others who explored whether it was possible for the United States to survive states of emergency without losing its democratic way. States of Exception combines political theory and the history of political thought with histories of race and political institutions. It is both inspired by and illuminating of the American experience with constitutional rule in the age of terror and Trump.
States Of Exception In American History
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Author : Gary Gerstle
language : en
Publisher: University of Chicago Press
Release Date : 2020-11-10
States Of Exception In American History written by Gary Gerstle and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-10 with History categories.
States of Exception in American History brings to light the remarkable number of instances since the Founding in which the protections of the Constitution have been overridden, held in abeyance, or deliberately weakened for certain members of the polity. In the United States, derogations from the rule of law seem to have been a feature of—not a bug in—the constitutional system. The first comprehensive account of the politics of exceptions and emergencies in the history of the United States, this book weaves together historical studies of moments and spaces of exception with conceptual analyses of emergency, the state of exception, sovereignty, and dictatorship. The Civil War, the Great Depression, and the Cold War figure prominently in the essays; so do Francis Lieber, Frederick Douglass, John Dewey, Clinton Rossiter, and others who explored whether it was possible for the United States to survive states of emergency without losing its democratic way. States of Exception combines political theory and the history of political thought with histories of race and political institutions. It is both inspired by and illuminating of the American experience with constitutional rule in the age of terror and Trump.
State Of Exception
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Author : Giorgio Agamben
language : en
Publisher: University of Chicago Press
Release Date : 2008-07-18
State Of Exception written by Giorgio Agamben and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-07-18 with Philosophy categories.
Two months after the attacks of 9/11, the Bush administration, in the midst of what it perceived to be a state of emergency, authorized the indefinite detention of noncitizens suspected of terrorist activities and their subsequent trials by a military commission. Here, distinguished Italian philosopher Giorgio Agamben uses such circumstances to argue that this unusual extension of power, or "state of exception," has historically been an underexamined and powerful strategy that has the potential to transform democracies into totalitarian states. The sequel to Agamben's Homo Sacer: Sovereign Power and Bare Life, State of Exception is the first book to theorize the state of exception in historical and philosophical context. In Agamben's view, the majority of legal scholars and policymakers in Europe as well as the United States have wrongly rejected the necessity of such a theory, claiming instead that the state of exception is a pragmatic question. Agamben argues here that the state of exception, which was meant to be a provisional measure, became in the course of the twentieth century a normal paradigm of government. Writing nothing less than the history of the state of exception in its various national contexts throughout Western Europe and the United States, Agamben uses the work of Carl Schmitt as a foil for his reflections as well as that of Derrida, Benjamin, and Arendt. In this highly topical book, Agamben ultimately arrives at original ideas about the future of democracy and casts a new light on the hidden relationship that ties law to violence.
American Exception
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Author : Aaron Good
language : en
Publisher: Skyhorse
Release Date : 2022-04-05
American Exception written by Aaron Good and has been published by Skyhorse this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-04-05 with Political Science categories.
American Exception seeks to explain the breakdown of US democracy. In particular, how we can understand the uncanny continuity of American foreign policy, the breakdown of the rule of law, and the extreme concentration of wealth and power into an overworld of the corporate rich. To trace the evolution of the American state, the author takes a deep politics approach, shedding light on those political practices that are typically repressed in “mainstream” discourse. In its long history before World War II, the US had a deep political system—a system of governance in which decision-making and enforcement were carried out within—and outside of—public institutions. It was a system that always included some degree of secretive collusion and law-breaking. After World War II, US elites decided to pursue global dominance over the international capitalist system. Setting aside the liberal rhetoric, this project was pursued in a manner that was by and large imperialistic rather than progressive. To administer this covert empire, US elites created a massive national security state characterized by unprecedented levels of secrecy and lawlessness. The “Global Communist Conspiracy” provided a pretext for exceptionism—an endless “exception” to the rule of law. What gradually emerged after World War II was a tripartite state system of governance. The open democratic state and the authoritarian security state were both increasingly dominated by an American deep state. The term deep state was badly misappropriated during the Trump era. In the simplest sense, it herein refers to all those institutions that collectively exercise undemocratic power over state and society. To trace how we arrived at this point, American Exception explores various deep state institutions and history-making interventions. Key institutions involve the relationships between the overworld of the corporate rich, the underworld of organized crime, and the national security actors that mediate between them. History-making interventions include the toppling of foreign governments, the launching of aggressive wars, and the political assassinations of the 1960s. The book concludes by assessing the prospects for a revival of US democracy.
The Great Exception
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Author : Jefferson Cowie
language : en
Publisher: Princeton University Press
Release Date : 2017-04-18
The Great Exception written by Jefferson Cowie and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-04-18 with History categories.
How the New Deal was a unique historical moment and what this reveals about U.S. politics, economics, and culture Where does the New Deal fit in the big picture of American history? What does it mean for us today? What happened to the economic equality it once engendered? In The Great Exception, Jefferson Cowie provides new answers to these important questions. In the period between the Great Depression and the 1970s, he argues, the United States government achieved a unique level of equality, using its considerable resources on behalf of working Americans in ways that it had not before and has not since. If there is to be a comparable battle for collective economic rights today, Cowie argues, it needs to build on an understanding of the unique political foundation for the New Deal. Anyone who wants to come to terms with the politics of inequality in the United States will need to read The Great Exception.
The Exceptionalist State And The State Of Exception
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Author : William V. Spanos
language : en
Publisher: JHU Press
Release Date : 2011-02-15
The Exceptionalist State And The State Of Exception written by William V. Spanos and has been published by JHU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-02-15 with Literary Criticism categories.
Critics predominantly view Herman Melville’s Billy Budd, Sailor as a “testament of acceptance,” the work of a man who had become politically conservative in his last years. William V. Spanos disagrees, arguing that the novella was not only a politically radical critique of American exceptionalism but also an eerie preview of the state of exception employed, most recently, by the George W. Bush administration in the post–9/11 War on Terror. While Billy Budd, Sailor is ostensibly about the Napoleonic Wars, Spanos contends that it is at heart a cautionary tale addressed to the American public as the country prepared to extend its westward expansion into the Pacific Ocean by way of establishing a global imperial navy. Through a close, symptomatic reading of Melville’s text, Spanos rescues from critical oblivion the pervasive, dense, and decisive details that disclose the consequences of normalizing the state of exception—namely, the transformation of the criminal into the policeman (Claggart) and of the political human being into the disposable reserve that can be killed with impunity (Billy Budd). What this shows, Spanos demonstrates, is that Melville's uncanny attunement to the dark side of the American exceptionalism myth enabled him to foresee its threat to the very core of democracy in the twentieth and twenty-first centuries. This view, Spanos believes, anticipates the state of exception theory that has emerged in the recent work of Giorgio Agamben, Alain Badiou, Judith Butler, and Jacques Ranciere, among other critical theorists. The Exceptionalist State and the State of Exception illustrates that Melville, in his own time, was aware of the negative consequences of the deeply inscribed exceptionalist American identity and recognized the essential domestic and foreign policy issues that inform the country’s national security program today.
The International Law Of Human Rights And States Of Exception
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Author : Anna-Lena Svensson-McCarthy
language : en
Publisher: BRILL
Release Date : 2021-09-27
The International Law Of Human Rights And States Of Exception written by Anna-Lena Svensson-McCarthy and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-27 with Law categories.
This study demonstrates the extensive protection that international law provides to human rights even in the most serious of emergencies when they are particularly vulnerable. Based on a meticulous analysis of preparatory works and practice under the International Covenant on Civil and Political Rights, as well as the American and European Conventions on Human Rights, and with a special chapter on the International Labour Organisation's approach to international labour standards and emergencies, this book shows that respect for the rule of law and the concept of a democratic society are controlling parameters in any valid limitation on the enjoyment of human rights. It further shows that respect for human rights and the operation of institutions such as the Legislature and Judiciary are crucial to enabling societies to address and eventually remedy the root causes of emergency situations. The study recommends possible directions for the development of case law and suggests some practical means to help ensure that international legal requirements are in fact respected in emergencies.
Boundaries Of The State In Us History
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Author : James T. Sparrow
language : en
Publisher: University of Chicago Press
Release Date : 2015-10-12
Boundaries Of The State In Us History written by James T. Sparrow and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-10-12 with History categories.
The question of how the American state defines its powernot what it is but what it "does"has become central to a range of historical discourses, from the founding of the Republic and the role of the educational system, to the functions of agencies and America s place in the world. Here, James Sparrow, William J. Novak, and Stephen Sawyer assemble some definitional work in this area, showing that the state is an integral actor in physical, spatial, and economic exercises of power. They further imply that traditional conceptions of the state cannot grasp the subtleties of power and its articulation. Contributors include C.J. Alvarez, Elisabeth Clemens, Richard John, Robert Lieberman, Omar McRoberts, Gautham Rao, Gabriel Rosenberg, Jason Scott Smith, Tracy Steffes, and the editors."
Courts Politics And Constitutional Law
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Author : Martin Belov
language : en
Publisher: Routledge
Release Date : 2019-10-16
Courts Politics And Constitutional Law written by Martin Belov and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-10-16 with Law categories.
This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.
To Save The Country
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Author : Francis Lieber
language : en
Publisher: Yale University Press
Release Date : 2019-07-23
To Save The Country written by Francis Lieber and has been published by Yale University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-07-23 with Law categories.
A Civil War-era treatise addressing the power of governments in moments of emergency The last work of Abraham Lincoln’s law of war expert Francis Lieber was long considered lost—until Will Smiley and John Fabian Witt discovered it in the National Archives. Lieber’s manuscript on emergency powers and martial law addresses important contemporary debates in law and political philosophy and stands as a significant historical discovery. As a key legal advisor to the Lincoln White House, Columbia College professor Francis Lieber was one of the architects and defenders of Lincoln’s most famous uses of emergency powers during the Civil War. Lieber’s work laid the foundation for rules now accepted worldwide. In the years after the war, Lieber and his son turned their attention to the question of emergency powers. The Liebers’ treatise addresses a vital question, as prominent since 9/11 as it was in Lieber’s lifetime: how much power should the government have in a crisis? The Liebers present a theory that aims to preserve legal restraint, while giving the executive necessary freedom of action. Smiley and Witt have written a lucid introduction that explains how this manuscript is a key discovery in two ways: both as a historical document and as an important contribution to the current debate over emergency powers in constitutional democracies.