The Madisonian Constitution
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The Madisonian Constitution
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Author : George Thomas
language : en
Publisher: JHU Press
Release Date : 2008-06-18
The Madisonian Constitution written by George Thomas and has been published by JHU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-06-18 with History categories.
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What Would Madison Do
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Author : Benjamin Wittes
language : en
Publisher: Brookings Institution Press
Release Date : 2015-09-14
What Would Madison Do written by Benjamin Wittes and has been published by Brookings Institution Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-09-14 with Political Science categories.
What would the father of the Constitution think of contemporary developments in American politics and public policy? Constitutional scholars have long debated whether the American political system, which was so influenced by the thinking of James Madison, has in fact grown outmoded. But if Madison himself could peer at the present, what would he think of the state of key political institutions that he helped originate and the government policies that they produce? In What Would Madison Do?, ten prominent scholars explore the contemporary performance of Madison's constitutional legacy and how much would have surprised him. Contents: 1. Introduction: Perspectives on Madison's Legacy for Contemporary American Politics, Pietro S. Nivola and Benjamin Wittes 2. Mr. Madison's Communion Suit: Implementation-Group Liberalism and the Case for Constitutional Reform, John J. DiIulio Jr. 3. Constitutional Surprises: What James Madison Got Wrong, William A. Galston 4. Overcoming the Great Recession: How Madison's "Horse and Buggy" Managed, Pietro S. Nivola 5. Gridlock and the Madisonian Constitution, R. Shep Melnick
The Executive Unbound
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Author : Eric A. Posner
language : en
Publisher: Oxford University Press
Release Date : 2011-03-16
The Executive Unbound written by Eric A. Posner 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 2011-03-16 with Law categories.
Ever since Arthur M. Schlesinger Jr. used "imperial presidency" as a book title, the term has become central to the debate about the balance of power in the U.S. government. Since the presidency of George W. Bush, when advocates of executive power such as Dick Cheney gained ascendancy, the argument has blazed hotter than ever. Many argue the Constitution itself is in grave danger. What is to be done? The answer, according to legal scholars Eric Posner and Adrian Vermeule, is nothing. In The Executive Unbound, they provide a bracing challenge to conventional wisdom, arguing that a strong presidency is inevitable in the modern world. Most scholars, they note, object to today's level of executive power because it varies so dramatically from the vision of the framers. But there is nothing in our system of checks and balances that intrinsically generates order or promotes positive arrangements. In fact, the greater complexity of the modern world produces a concentration of power, particularly in the White House. The authors chart the rise of executive authority straight through to the Obama presidency. Political, cultural and social restraints, they argue, have been more effective in preventing dictatorship than any law. The executive-centered state tends to generate political checks that substitute for the legal checks of the Madisonian constitution.
Private Property And The Limits Of American Constitutionalism
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Author : Jennifer Nedelsky
language : en
Publisher: University of Chicago Press
Release Date : 1994-06-15
Private Property And The Limits Of American Constitutionalism written by Jennifer Nedelsky 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 1994-06-15 with Law categories.
Federalists vision of the Constitution; an interdisciplinary investigation.
The Un Written Constitution
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Author : George Thomas
language : en
Publisher: Oxford University Press
Release Date : 2021
The Un Written Constitution written by George Thomas 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 2021 with Law categories.
"The late Justice Scalia relished pointing to departures from text as departures from the Constitution, but in fact his jurisprudence relied on unwritten ideas. As textualism has become more prominent with the elevation of Justices Gorsuch and Kavanaugh to the Supreme Court-jurists in the mold of Scalia-it is crucial to reveal the unwritten ideas that drive textualist readings of the Constitution. Our deepest debates about America's written Constitution are not about constitutional text, but about the unwritten ideas and understandings that guide our reading of text. This fact is obscured by the public understanding of textualism and originalism as put forward by its most prominent judicial advocates. The (Un)Written Constitution makes these ideas visible by turning to the practices of Supreme Court justices and political actors in interpreting the Constitution over more than two centuries. From founding debates about freedom of speech and religion to contemporary arguments about judicial review, the separation of powers, same-sex marriage, and partisan gerrymandering, this work highlights the too often unacknowledged ideas that animate our debates about the written Constitution. Contrary to textual jurists, these recurrent debates are not about whether to follow the text; they are disputes about what fidelity to the text requires. How do we weigh and balance different textual provisions and see them as part of a constitutional whole? The text does not answer such questions. This book illustrates that moving beyond the text is an inescapable feature of interpreting America's written Constitution"--
James Madison And The Future Of Limited Government
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Author : John Curtis Samples
language : en
Publisher: Cato Institute
Release Date : 2002
James Madison And The Future Of Limited Government written by John Curtis Samples and has been published by Cato Institute this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Biography & Autobiography categories.
The essays in this volume use Madison to engage such contemporary issues as multiculturalism, federalism, the emerging democracies, the scope of international law, and faith-based policy and politics. This book speaks to both the past and present of the American republic.
Reconstructing The Commercial Republic
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Author : Stephen L. Elkin
language : en
Publisher: University of Chicago Press
Release Date : 2015-01-16
Reconstructing The Commercial Republic written by Stephen L. Elkin 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 2015-01-16 with Political Science categories.
James Madison is the thinker most responsible for laying the groundwork of the American commercial republic. But he did not anticipate that the propertied class on which he relied would become extraordinarily politically powerful at the same time as its interests narrowed. This and other flaws, argues Stephen L. Elkin, have undermined the delicately balanced system he constructed. In Reconstructing the Commercial Republic, Elkin critiques the Madisonian system, revealing which of its aspects have withstood the test of time and which have not. The deficiencies Elkin points out provide the starting point for his own constitutional theory of the republic—a theory that, unlike Madison’s, lays out a substantive conception of the public interest that emphasizes the power of institutions to shape our political, economic, and civic lives. Elkin argues that his theory should guide us toward building a commercial republic that is rooted in a politics of the public interest and the self-interest of the middle class. He then recommends specific reforms to create this kind of republic, asserting that Americans today can still have the lives a commercial republic is intended to promote: lives with real opportunities for economic prosperity, republican political self-government, and individual liberty.
The Madisonian Turn
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Author : Torbjörn Bergman
language : en
Publisher: University of Michigan Press
Release Date : 2011-06-14
The Madisonian Turn written by Torbjörn Bergman and has been published by University of Michigan Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-06-14 with History categories.
Parliamentary democracy is the most common regime type in the contemporary political world, but the quality of governance depends on effective parliamentary oversight and strong political parties. Denmark, Finland, Iceland, Norway, and Sweden have traditionally been strongholds of parliamentary democracy. In recent years, however, critics have suggested that new challenges such as weakened popular attachment, the advent of cartel parties, the judicialization of politics, and European integration have threatened the institutions of parliamentary democracy in the Nordic region. This volume examines these claims and their implications. The authors find that the Nordic states have moved away from their previous resemblance to a Westminster model toward a form of parliamentary democracy with more separation-of-powers features—a Madisonian model. These features are evident both in vertical power relations (e.g., relations with the European Union) and horizontal ones (e.g., increasingly independent courts and central banks). Yet these developments are far from uniform and demonstrate that there may be different responses to the political challenges faced by contemporary Western democracies.
What Should Constitutions Do
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Author : Ellen Frankel Paul
language : en
Publisher: Cambridge University Press
Release Date : 2011-01-31
What Should Constitutions Do written by Ellen Frankel Paul and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-31 with Philosophy categories.
The essays in this volume - written by prominent philosophers, political scientists and legal scholars - address the basic purposes of constitutions and their status as fundamental law. Some deal with specific constitutional provisions: they ask, for example, which branches of government should have the authority to conduct foreign policy, or how the judiciary should be organized, or what role a preamble should play in a nation's founding document. Other essays explore questions of constitutional design: they consider the advantages of a federal system of government, or the challenges of designing a constitution for a pluralistic society - or they ask what form of constitution best promotes personal liberty and economic prosperity.
Politics And The Constitution In The History Of The United States
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Author : William W. Crosskey
language : en
Publisher: University of Chicago Press
Release Date : 1953
Politics And The Constitution In The History Of The United States written by William W. Crosskey 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 1953 with History categories.
When the first two volumes of William Crosskey's monumental study of the Constitution appeared in 1953, Arthur M. Schlesinger called it "perhaps the most fertile commentary on that document since The Federalist papers." It was highly controversial as well. The work was a comprehensive reassessment of the meaning of the Constitution, based on examination of eighteenth-century usages of key political and legal concepts and terms. Crosskey's basic thesis was that the Founding Fathers truly intended a government with plenary, nationwide powers, and not, as in the received views, a limited federalism. This third volume of Politics and the Constitution, which Crosskey began and William Jeffrey has finished, treats political activity in the period 1776-87, and is in many ways the heart of the work as Crosskey conceived it. In support of the lexicographic analysis of volumes 1 and 2, volume 3 shows that nationalist ideas and sentiments were a powerful force in American public opinion from the Revolution to the eve of the Constitutional Convention. The creation of a generally empowered national government in Philadelphia, it is argued, was the fruition of a long-active political movement, not the unintended or accidental result of a temporary conservative coalition. This view of the political background of the Constitutional Convention directly challenges the Madisonian-Jeffersonian orthodoxy on the subject. In support of his interpretation, Crosskey amassed a wealth of primary source materials, including heretofore unexplored pamphlets and newspapers. This exhaustive research makes this unique work invaluable for scholars of the period, both for the primary sources collected as well as for the provocative interpretation offered.