The Constitution In Congress

Author: David P. Currie
Publisher: University of Chicago Press
ISBN: 9780226131146
Size: 17.95 MB
Format: PDF
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In the most thorough examination to date, David P. Currie analyzes from a legal perspective the work of the first six congresses and of the executive branch during the Federalist era, with a view to its significance for constitutional interpretation. He concludes that the original understanding of the Constitution was forged not so much in the courts as in the legislative and executive branches, an argument of crucial importance for scholars in constitutional law, history, and government. "A joy to read."—Appellate Practive Journal and Update "[A] patient and exemplary analysis of the work of the first six Congresses."—Geoffrey Marshall, Times Literary Supplement

The Constitution In Congress

Author: David P. Currie
Publisher: University of Chicago Press
ISBN: 022611628X
Size: 11.36 MB
Format: PDF, Mobi
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The Constitution in Congress series has been called nothing less than a biography of the US Constitution for its in-depth examination of the role that the legislative and executive branches have played in the development of constitutional interpretation. This third volume in the series, the early installments of which dealt with the Federalist and Jeffersonian eras, continues this examination with the Jacksonian revolution of 1829 and subsequent efforts by Democrats to dismantle Henry Clay’s celebrated “American System” of nationalist economics. David P. Currie covers the political events of the period leading up to the start of the Civil War, showing how the slavery question, although seldom overtly discussed in the debates included in this volume, underlies the Southern insistence on strict interpretation of federal powers. Like its predecessors, The Constitution in Congress: Democrats and Whigs will be an invaluable reference for legal scholars and constitutional historians alike.

Congress S Constitution

Author: Josh Chafetz
Publisher: Yale University Press
ISBN: 0300227647
Size: 22.63 MB
Format: PDF
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A leading scholar of Congress and the Constitution analyzes Congress’s surprisingly potent set of tools in the system of checks and balances. Congress is widely supposed to be the least effective branch of the federal government. But as Josh Chafetz shows in this boldly original analysis, Congress in fact has numerous powerful tools at its disposal in its conflicts with the other branches. These tools include the power of the purse, the contempt power, freedom of speech and debate, and more. Drawing extensively on the historical development of Anglo-American legislatures from the seventeenth century to the present, Chafetz concludes that these tools are all means by which Congress and its members battle for public support. When Congress uses them to engage successfully with the public, it increases its power vis-à-vis the other branches; when it does not, it loses power. This groundbreaking take on the separation of powers will be of interest to both legal scholars and political scientists.

Defending Congress And The Constitution

Author: Louis Fisher
Publisher:
ISBN: 9780700617982
Size: 59.21 MB
Format: PDF
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Drawing on four decades of research, the award-winning author of Military Tribunals and Presidential Power presents an argument for a reassertion of Congress's rightful role in government while illuminating historical conflicts among the three branches and explaining Congress' pivotal defenses of individual rights.

Creating The Constitution

Author: Thornton Anderson
Publisher: Penn State Press
ISBN: 0271071311
Size: 10.52 MB
Format: PDF, ePub, Docs
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Creating the Constitution presents a different interpretation of the Convention and the First Congress, derived largely from a close reading of Farrand's Records and the Annals of Congress. Among its special features are a critical perspective on the Framers, an examination of Court Whig influence on the Federalists, the identification of a third group—the state Federalists—between the nationalists and states' righters, and a view of the First Congress as distorting the aims of the Convention.

Civil Rights The Constitution And Congress 1863 1869

Author: Earl M. Maltz
Publisher:
ISBN:
Size: 22.78 MB
Format: PDF, ePub, Docs
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Through a close analysis of legislative proceedings and of the precise language used, Maltz builds a strong case that Congressional actions on civil rights, including statutes such as the Freedman's Bureau Bill, the District of Columbia Suffrage Bill, and the Civil Rights Act of 1866, as well as the thirteenth, fourteenth, and fifteenth amendments of the early Reconstruction era generally reflected the ideology and intentions of the more conservative Republicans. These "moderates" advocated limited absolute equality rather than total racial equality and opposed the undue federal regulation of private and state actions.

Enforcing Equality

Author: Rebecca E Zietlow
Publisher: NYU Press
ISBN: 0814797075
Size: 33.37 MB
Format: PDF
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"Considered as a whole, this collection offers a basis for generalisations and specialised inquiry that will support both teaching and further research on the role of women in world history."--Itinerario "The book deserves credit for stimulating such questions, which have broad appeal among scholars of colonialism, including those who do not work on gender. Its broad coverage and accessible language give it access to a wider audience than many academic anthologies, thereby advancing the interests of all those who value the study of colonial history."--Journal of Colonialism and Colonial History Women and the Colonial Gaze is the first collection to present a broad chronological and geographical examination of the ways in which images and stereotypes of women have been used to define relationships between colonial powers and subject peoples. In essays ranging from ancient Rome to twentieth-century Asia and Africa, the contributions suggest that the use of gender as a tool in the imperialist context is much older and more comprehensive than previously suggested. Contributors look particularly at the ways in which colonizers constructed a national identity by creating a contrast with the colonial "other," in contexts ranging from Christian views of Islam women in medieval Spain to French beliefs about Native American women. They also examine the ways in which images of gender as constructed by colonial powers impacted the lives of native women from colonial-era India to Korea to Swaziland. Comparative in its approach, the volume will appeal to students and historians of women's studies, colonialism, and the development of national identity.

Courts And Congress

Author: Quirk
Publisher: Transaction Publishers
ISBN: 1412811449
Size: 58.78 MB
Format: PDF, Mobi
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Its often said, confirmed by survey data, that the American people are losing confidence in their government. But the problem may be the reverse-the government has lost confidence in the people. Increasingly the power to make decisions in our democracy has been shifted from Congress to the court system, forcing non-elected officials to make decisions that affect the lives of Americans. In a society which is based on the democratic elections of its officials, this is clearly backwards. Quirk maintains that what he calls the Happy Convention, an informal and unwritten rearrangement of "passing the buck" of government powers, is done to avoid blame and approval ratings becoming lower for a particular person or party. For example, the Happy Convention assigns the power to declare and make war to the president. Congress and the court play a supporting role-Congress, when requested, gives the president a blank check to use force-the Court throws out any challenges to the legality of the war. Everyone wins if the war avoids disaster. If it turns out badly, the president is held accountable. His ratings fall, reelection is out of the question, congressmen say he lied to them; his party is likely to lose the next election. In this way, Quirk reminds us that the Happy Convention is not what the Founders intended for us. For democracy to work properly, the American people have to know what options they have. Courts and Congress assigns vast power, even the power to decide presidential elections-to the Imperial Court. The Founders, if you brought them back today would at least recognize the Congress and the president. They would be astounded to read that the courts are in actual peril. They would even less likely understand that the courts are on the ballot. The founders would not appreciate subjecting the judiciary to such partisan political rule; nor claims William Quirk, should it be.

Declaring War

Author: Brien Hallett
Publisher: Cambridge University Press
ISBN: 1139561189
Size: 57.93 MB
Format: PDF, ePub, Mobi
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Declaring War directly challenges the 200-year-old belief that Congress can and should declare war. By offering a detailed analysis of the declarations of 1812, 1898 and the War Powers Resolution of 1973, the book demonstrates the extent of the organizational and moral incapacity of Congress to declare war. It invokes Carl von Clausewitz's dictum that 'war is policy' to explain why declarations of war are an integral part of war and proposes two possible remedies - a constitutional amendment or, alternatively, a significant re-organization of Congress. It offers a comprehensive historical, legal, constitutional, moral and philosophical analysis of why Congress has failed to check an imperial presidency. The book draws on Roman history and international law to clarify the form, function and language of declarations of war and John Austin's speech act theory.