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Book
State Constitutional Politics : Governing by Amendment in the American States
Author:
ISBN: 022653295X Year: 2018 Publisher: Chicago : University of Chicago Press,

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Abstract

Since the US Constitution came into force in 1789, it has been amended just twenty-seven times, with ten of those amendments coming in the first two years following ratification. By contrast, state constitutions have been completely rewritten on a regular basis, and the current documents have been amended on average 150 times. This is because federal amendments are difficult, so politicians rarely focus on enacting them. Rather, they work to secure favorable congressional statutes or Supreme Court decisions. By contrast, the relative ease of state amendment processes makes them a realistic and regular vehicle for seeking change. With State Constitutional Politics, John Dinan looks at the various occasions in American history when state constitutional amendments have served as instruments of governance. Among other things, amendments have constrained state officials in the way they levy taxes and spend money; enacted policies unattainable through legislation on issues ranging from minimum wage to the regulation of marijuana; and updated understandings of rights, including religious liberty, equal protection, and the right to bear arms. In addition to comprehensively chronicling the ways amendments shape politics in the states, Dinan also assesses the consequences of undertaking changes in governance through amendments rather than legislation or litigation. For various reasons, including the greater stability and legitimacy of changes achieved through the amendment process, he argues that it might be a more desirable way of achieving change.


Book
Constitutional Faith
Author:
ISBN: 1283290928 9786613290922 1400839874 9781400839872 9781283290920 9780691152400 0691152403 069107769X 9780691077697 0691023212 9780691023212 6613290920 Year: 2011 Publisher: Princeton, NJ

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This book examines the "constitutional faith" that has, since 1788, been a central component of American "civil religion." By taking seriously the parallel between wholehearted acceptance of the Constitution and religious faith, Sanford Levinson opens up a host of intriguing questions about what it means to be American. While some view the Constitution as the central component of an American religion that serves to unite the social order, Levinson maintains that its sacred role can result in conflict, fragmentation, and even war. To Levinson, the Constitution's value lies in the realm of the discourse it sustains: a uniquely American form of political rhetoric that allows citizens to grapple with every important public issue imaginable. In a new afterword, Levinson looks at the deepening of constitutional worship and attributes the current widespread frustrations with the government to the static nature of the Constitution.


Book
Eternally Vigilant : Free Speech in the Modern Era
Authors: ---
ISBN: 022648467X Year: 2018 Publisher: Chicago : University of Chicago Press,

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While freedom of speech has been guaranteed us for centuries, the First Amendment as we know it today is largely a creation of the past eighty years. Eternally Vigilant brings together a group of distinguished legal scholars to reflect boldly on its past, its present shape, and what forms our understanding of it might take in the future. The result is a unique volume spanning the entire spectrum of First Amendment issues, from its philosophical underpinnings to specific issues like campaign regulation, obscenity, and the new media. "With group efforts, such as this collection of essays, it is almost inevitable that there will be a couple-and often several-duds among the bunch, or at least a dismaying repetition of ideas. Such is not the case here. . . . Whether one agrees with a given author or not (and it is possible to do both with any of the essays), each has something to add. Overall, Eternally Vigilant is a thoughtful and thought-provoking book, consistently intelligent and, at times, brilliant."-Richard J. Mollot, New York Law Journal Contributors: Lillian R. BeVier Vincent Blasi Lee C. Bollinger Stanley Fish Owen M. Fiss R. Kent Greenawalt Richard A. Posner Robert C. Post Frederick Schauer Geoffrey R. Stone David A. Strauss Cass R. Sunstein

Narrowing the nation's power : the Supreme Court sides with the states
Author:
ISBN: 1597347698 052093766X 9780520937666 1417508388 9781417508389 9780520240681 0520240685 0520235746 9780520235748 9781597347693 0520240685 Year: 2003 Publisher: Berkeley, Calif. ; London : University of California Press,

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Narrowing the Nation's Power is the tale of how a cohesive majority of the Supreme Court has, in the last six years, cut back the power of Congress and enhanced the autonomy of the fifty states. The immunity from suit of the sovereign, Blackstone taught, is necessary to preserve the people's idea that the sovereign is "a superior being." Promoting the common law doctrine of sovereign immunity to constitutional status, the current Supreme Court has used it to shield the states from damages for age discrimination, disability discrimination, and the violation of patents, trademarks, copyrights, and fair labor standards. Not just the states themselves, but every state-sponsored entity--a state insurance scheme, a state university's research lab, the Idaho Potato Commission-has been insulated from paying damages in tort or contract. Sovereign immunity, as Noonan puts it, has metastasized. "It only hurts when you think about it," Noonan's Yalewoman remarks. Crippled by the states' immunity, Congress has been further brought to heel by the Supreme Court's recent invention of two rules. The first rule: Congress must establish a documentary record that a national evil exists before Congress can legislate to protect life, liberty, or property under the Fourteenth Amendment. The second rule: The response of Congress to the evil must then be both "congruent" and "proportionate." The Supreme Court determines whether these standards are met, thereby making itself the master monitor of national legislation. Even legislation under the Commerce Clause has been found wanting, illustrated here by the story of Christy Brzonkala's attempt to redress multiple rapes at a state university by invoking the Violence Against Women Act. The nation's power has been remarkably narrowed. Noonan is a passionate believer in the place of persons in the law. Rules, he claims, are a necessary framework, but they must not obscure law's task of giving justice to persons. His critique of Supreme Court doctrine is driven by this conviction.

Keywords

Government liability --- State governments --- States. --- Privileges and immunities. --- United States. --- Government immunity --- Government responsibility --- Liability, Government --- Liability, Public --- Liability of the state --- Public liability --- Sovereign immunity --- State liability --- State responsibility --- Tort liability of the government --- Tort liability of the state --- Law and legislation --- Supreme Court (U.S.) --- Chief Justice of the United States --- Supreme Court of the United States --- 美國. --- Subnational governments --- Administrative law --- Administrative responsibility --- Constitutional law --- Liability (Law) --- Misconduct in office --- Public law --- Torts --- Act of state --- Constitutional torts --- State action (Civil rights) --- United States --- States --- Privileges and immunities --- United States. Supreme Court --- State governments - United States - Privileges and immunities. --- 14th amendment. --- america. --- commerce clause. --- common law. --- court majority. --- discussion books. --- federal court. --- legal framework. --- legal history. --- legal studies. --- modern law. --- national legislation. --- nations power. --- nonfiction. --- political science. --- power of the court. --- retrospective. --- sovereign immunity. --- state protection. --- states autonomy. --- states immunity. --- supreme court decisions. --- supreme court doctrine. --- supreme court. --- textbooks. --- united states. --- us congress. --- us constitution. --- us courts.


Book
Our Nation Unhinged
Authors: ---
ISBN: 128277249X 9786612772498 0520943120 9780520943124 9780520254725 0520254724 6612772492 Year: 2009 Publisher: Berkeley University of California Press

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Abstract

Jose Padilla short-shackled and wearing blackened goggles and earmuffs to block out all light and sound on his way to the dentist. Fifteen-year-old Omar Khadr crying out to an American soldier, "Kill me!" Hunger strikers at Guantánamo being restrained and force-fed through tubes up their nostrils. John Walker Lindh lying naked and blindfolded in a metal container, bound by his hands and feet, in the freezing Afghan winter night. This is the story of the Bush administration's response to the attacks of September 11, 2001-and of how we have been led down a path of executive abuses, human tragedies, abandonment of the Constitution, and the erosion of due process and liberty. In this vitally important book, Peter Jan Honigsberg chronicles the black hole of the American judicial system from 2001 to the present, providing an incisive analysis of exactly what we have lost over the past seven years and where we are now headed.

Keywords

Prisoners of war --- Detention of persons --- Human rights --- War on Terrorism, 2001-2009. --- Combatants and noncombatants (International law) --- Noncombatants (International law) --- Armed Forces --- Belligerency --- Military law --- International law --- Exchange of prisoners of war --- POWs (Prisoners of war) --- War prisoners --- Prisoners --- Global Struggle Against Violent Extremism, 2001-2009 --- Global War on Terror, 2001-2009 --- GWOT, 2001-2009 (War on Terrorism) --- Terror War, 2001-2009 --- Terrorism War, 2001-2009 --- War against Terrorism, 2001-2009 --- War on Terror, 2001-2009 --- Military history, Modern --- Terrorism --- World politics --- Afghan War, 2001 --- -Iraq War, 2003-2011 --- Operation Enduring Freedom, 2001 --- -Legal status, laws, etc. --- Government policy --- Legal status, laws, etc. --- Prevention --- Guantanamo Bay Detention Camp. --- Guantánamo (Detention camp : Guantánamo Bay Naval Base) --- Gitmo (Detention camp : Guantánamo Bay Naval Base) --- Guantánamo Bay Naval Base (Cuba). --- Camp Delta (Guantánamo Bay Naval Base) --- Afghan War, 2001-2021 --- Iraq War, 2003-2011 --- United States --- War on Terrorism, 2001-2009 --- Prisoners and prisons --- Cuba --- Guantánamo Bay Detention Camp --- Cases --- Prisoners of war - Legal status, laws, etc - Cuba - Guantanamo Bay Naval Base. --- 2001. --- 21st century. --- afghanistan. --- america. --- american judicial system. --- american policy. --- american soldiers. --- bush administration. --- criminal investigation. --- dark. --- discussion books. --- engaging. --- foreign policy. --- guantanamo. --- human rights abuses. --- hunger strikers. --- imprisonment. --- injustices. --- intense. --- litigation. --- men at war. --- national security. --- nonfiction. --- political. --- september 11. --- terrorism. --- terrorist imprisonment. --- tragedies. --- trial. --- us constitution. --- war on terror. --- warfare.

The fractious nation?
Authors: ---
ISBN: 0520236637 0520220439 0520936914 1282359630 9786612359637 1417525584 9780520936911 9781417525584 9780520220430 0520236629 9780520236622 9780520236639 Year: 2003 Publisher: Berkeley University of California Press

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What are we to make of the speed with which the new climate of national solidarity emerged after September 11? Does it not look strange against a backdrop of the much-touted divisiveness of American life? In truth, The Fractious Nation? makes clear, the contrast of the time of divisiveness before and the time of unity that followed is much too stark, indeed. Less than a year before two planes slammed into the World Trade Center, the 2000 presidential election produced not just the starkly blue and red electoral map but also the two tribal Americas those totemic colors emblazoned. And from the cultural wars to immigration restriction, from the Christian right to political correctness, recent decades have witnessed much hand-wringing on the left and the right about the fragmentation of American life. The Fractious Nation? enlists the critical intelligence of fourteen distinguished contributors who illuminate the schisms in American life and the often volatile debates they have inspired in the realms of culture, ethnic and racial pluralism, and political life. The collective wisdom of The Fractious Nation? suggests a counterview to all the overheated rhetoric. The authors warn against fixating on flamboyant incidents of racial conflict when black-and-white values overlap considerably. On a range of cultural issues, the gap between our citizens has closed as well. And even as the rivalry between liberalism and conservatism transmutes into new forms, the political center remains vital and democratic. We are tied together not just by shared values but by institutions-the Constitution, the culture of consumption, the etiquette of ethnic respect. In private life and public affairs, our nation has expanded the meaning of democratic citizenship. Still, there's no room for self-congratulations here. Tendencies toward preoccupation with private life encourage indifference to the suffering of the less privileged. This is also one of the main failings of the narrative of fragmentation: In its focus on matters of shared values, it too distracts from issues of poverty and inequality that also fragment the human spirit. Contributors: Richard Bernstein, John J. DiIulio Jr., Paul DiMaggio, E.J. Dionne, Jr., Kevin Gaines, Jennifer Hochschild, Douglas S. Massey, Martha Minow, Cecilia Muñoz, Jonathan Rieder, Theda Skocpol, Paul Starr, Mary C. Waters, Jack Wertheimer

Keywords

National characteristics [American ] --- United States --- Politics and government --- 1989 --- -Political culture --- Citizenship --- Social aspects --- Moral conditions --- Social conditions --- 1980 --- -Pluralism (Social sciences) --- Social conflict --- Cultural pluralism --- National characteristics, American --- Political culture --- #KVHA:American Studies --- #KVHA:Verenigde Staten --- American national characteristics --- Birthright citizenship --- Citizenship (International law) --- National citizenship --- Nationality (Citizenship) --- Law and legislation --- #A0507PSA --- Moral conditions. --- Political science --- Public law --- Allegiance --- Civics --- Domicile --- Political rights --- Citizenship. --- National characteristics, American. --- Pluralism (Social sciences). --- Political culture. --- Political culture - United States. --- Social conflict. --- United States - Politics and government - 1989-. --- Regions & Countries - Americas --- History & Archaeology --- United States - General --- Cultural diversity --- Diversity, Cultural --- Diversity, Religious --- Ethnic diversity --- Pluralism (Social sciences) --- Pluralism, Cultural --- Religious diversity --- Culture --- Cultural fusion --- Ethnicity --- Multiculturalism --- ABŞ --- ABSh --- Ameerika Ühendriigid --- America (Republic) --- Amerika Birlăshmish Shtatlary --- Amerika Birlăşmi Ştatları --- Amerika Birlăşmiş Ştatları --- Amerika ka Kelenyalen Jamanaw --- Amerika Qūrama Shtattary --- Amerika Qŭshma Shtatlari --- Amerika Qushma Shtattary --- Amerika (Republic) --- Amerikai Egyesült Államok --- Amerikanʹ Veĭtʹsėndi︠a︡vks Shtattnė --- Amerikări Pĕrleshu̇llĕ Shtatsem --- Amerikas Forenede Stater --- Amerikayi Miatsʻyal Nahangner --- Ameriketako Estatu Batuak --- Amirika Carékat --- AQSh --- Ar. ha-B. --- Arhab --- Artsot ha-Berit --- Artzois Ha'bris --- Bí-kok --- Ē.P.A. --- EE.UU. --- Egyesült Államok --- ĒPA --- Estados Unidos --- Estados Unidos da América do Norte --- Estados Unidos de América --- Estaos Xuníos --- Estaos Xuníos d'América --- Estatos Unitos --- Estatos Unitos d'America --- Estats Units d'Amèrica --- Ètats-Unis d'Amèrica --- États-Unis d'Amérique --- Fareyniḳṭe Shṭaṭn --- Feriene Steaten --- Feriene Steaten fan Amearika --- Forente stater --- FS --- Hēnomenai Politeiai Amerikēs --- Hēnōmenes Politeies tēs Amerikēs --- Hiwsisayin Amerikayi Miatsʻeal Tērutʻiwnkʻ --- Istadus Unidus --- Jungtinės Amerikos valstybės --- Mei guo --- Mei-kuo --- Meiguo --- Mî-koet --- Miatsʻyal Nahangner --- Miguk --- Na Stàitean Aonaichte --- NSA --- S.U.A. --- SAD --- Saharat ʻAmērikā --- SASht --- Severo-Amerikanskie Shtaty --- Severo-Amerikanskie Soedinennye Shtaty --- Si︠e︡vero-Amerikanskīe Soedinennye Shtaty --- Sjedinjene Američke Države --- Soedinennye Shtaty Ameriki --- Soedinennye Shtaty Severnoĭ Ameriki --- Soedinennye Shtaty Si︠e︡vernoĭ Ameriki --- Spojené obce severoamerické --- Spojené staty americké --- SShA --- Stadoù-Unanet Amerika --- Stáit Aontaithe Mheiriceá --- Stany Zjednoczone --- Stati Uniti --- Stati Uniti d'America --- Stâts Unîts --- Stâts Unîts di Americhe --- Steatyn Unnaneysit --- Steatyn Unnaneysit America --- SUA (Stati Uniti d'America) --- Sŭedineni amerikanski shtati --- Sŭedinenite shtati --- Tetã peteĩ reko Amérikagua --- U.S. --- U.S.A. --- United States of America --- Unol Daleithiau --- Unol Daleithiau America --- Unuiĝintaj Ŝtatoj de Ameriko --- US --- USA --- Usono --- Vaeinigte Staatn --- Vaeinigte Staatn vo Amerika --- Vereinigte Staaten --- Vereinigte Staaten von Amerika --- Verenigde State van Amerika --- Verenigde Staten --- VS --- VSA --- Wááshindoon Bikéyah Ałhidadiidzooígíí --- Wilāyāt al-Muttaḥidah --- Wilāyāt al-Muttaḥidah al-Amirīkīyah --- Wilāyāt al-Muttaḥidah al-Amrīkīyah --- Yhdysvallat --- Yunaeted Stet --- Yunaeted Stet blong Amerika --- ZDA --- Združene države Amerike --- Zʹi︠e︡dnani Derz︠h︡avy Ameryky --- Zjadnośone staty Ameriki --- Zluchanyi︠a︡ Shtaty Ameryki --- Zlucheni Derz︠h︡avy --- ZSA --- Η.Π.Α. --- Ηνωμένες Πολιτείες της Αμερικής --- Америка (Republic) --- Американь Вейтьсэндявкс Штаттнэ --- Америкӑри Пӗрлешӳллӗ Штатсем --- САЩ --- Съединените щати --- Злучаныя Штаты Амерыкі --- ولايات المتحدة --- ولايات المتّحدة الأمريكيّة --- ولايات المتحدة الامريكية --- 미국 --- États-Unis --- É.-U. --- ÉU --- american culture. --- american life. --- american society. --- americans. --- anthology. --- christianity. --- contemporary america. --- cultural conflict. --- cultural issues. --- democracy. --- ethnic pluralism. --- immigration restrictions. --- modern history. --- national division. --- national identity. --- nonfiction. --- party politics. --- political correctness. --- political life. --- racial conflicts. --- racial pluralism. --- september 11. --- social inequality. --- textbooks. --- tribalism. --- united states. --- unity and division. --- us constitution.

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