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The War Prerogative
Author: Rosara Joseph
Publisher: Oxford University Press
ISBN: 0199664323
Pages: 242
Year: 2013-09-26
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This book examines the war prerogative. The war prerogative is the power of the Crown, exercised by the government, to declare war and deploy armed forces overseas. The book traces the evolution of the war prerogative in England from 1600-2012, focussing on the interactions between the executive, Parliament, and the courts in the exercise and scrutiny of the war prerogative. The book addresses three key issues. First, it looks at what writers on political andconstitutional theory have said about the constitutional arrangements for the war prerogative. Secondly, it examines how the war prerogative has been exercised and scrutinised in practice. Thirdly, itconsiders whether reform of the constitutional arrangements for the war prerogative is necessary and desirable

Constitutionalism and the Separation of Powers
Author: M. J. C. Vile
ISBN: 0865971757
Pages: 455
Year: 1998
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Arguably no political principle has been more central than the separation of powers to the evolution of constitutional governance in Western democracies. In the definitive work on the subject, M. J. C. Vile traces the history of the doctrine from its rise during the English Civil War, through its development in the eighteenth century—when it was indispensable to the founders of the American republic—through subsequent political thought and constitution-making in Britain, France, and the United States. The author concludes with an examination of criticisms of the doctrine by both behavioralists and centralizers—and with "A Model of a Theory of Constitutionalism." The new Liberty Fund second edition includes the entirety of the original 1967 text published by Oxford, a major epilogue entitled "The Separation of Powers and the Administrative State," and a bibliography. M. J. C. Vile is Professor of Politics at the University of Kent at Canterbury and author also of The Structure of American Federalism.
Keeping Faith with the Constitution
Author: Goodwin Liu, Pamela S. Karlan, Christopher H. Schroeder
Publisher: Oxford University Press
ISBN: 0199752834
Pages: 272
Year: 2010-08-05
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Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.
Military Tribunals
Author: Louis Fisher
Publisher: Nova Science Pub Incorporated
Pages: 68
Year: 2003
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This report describes the procedures used by the World War II military tribunal to try the eight Germans, the habeas corpus petition to the Supreme Court, and the resulting convictions and executions. Why was the tribunal created, and why were its deliberations kept secret? How have scholars evaluated the Court's decision in Exparte Quirin (1942)? The decision was unanimous, but archival records reveal division and disagreement among the Justices. Also covered in this report is a second effort by Germany two years later to send saboteurs to the United States. The two men captured in this operation were tried by a military tribunal, but under conditions and procedures that substantially reduced the roles of the President and the Attorney General. Those changes resulted from disputes within the Administration, especially between the War Department and the Justice Department. There are thus two precedents from Quirin: one from 1942, the other from 1944-45.
The Records of the Federal Convention of 1787
Author: United States. Constitutional Convention
Pages: 1352
Year: 1911
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Democracies at War
Author: Dan Reiter, Allan C. Stam
Publisher: Princeton University Press
ISBN: 1400824451
Pages: 304
Year: 2010-07-01
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Why do democracies win wars? This is a critical question in the study of international relations, as a traditional view--expressed most famously by Alexis de Tocqueville--has been that democracies are inferior in crafting foreign policy and fighting wars. In Democracies at War, the first major study of its kind, Dan Reiter and Allan Stam come to a very different conclusion. Democracies tend to win the wars they fight--specifically, about eighty percent of the time. Complementing their wide-ranging case-study analysis, the authors apply innovative statistical tests and new hypotheses. In unusually clear prose, they pinpoint two reasons for democracies' success at war. First, as elected leaders understand that losing a war can spell domestic political backlash, democracies start only those wars they are likely to win. Secondly, the emphasis on individuality within democratic societies means that their soldiers fight with greater initiative and superior leadership. Surprisingly, Reiter and Stam find that it is neither economic muscle nor bandwagoning between democratic powers that enables democracies to win wars. They also show that, given societal consent, democracies are willing to initiate wars of empire or genocide. On the whole, they find, democracies' dependence on public consent makes for more, rather than less, effective foreign policy. Taking a fresh approach to a question that has long merited such a study, this book yields crucial insights on security policy, the causes of war, and the interplay between domestic politics and international relations.
Paradigm Freeze
Author: Harvey Lazar, Pierre-Gerlier Forest, John N. Lavis, John Church
Publisher: McGill-Queen's Press - MQUP
ISBN: 1553393384
Pages: 398
Year: 2013-10-24
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Why has health care reform proved a stumbling block for provincial governments across Canada? What efforts have been made to improve a struggling system, and how have they succeeded or failed? In Paradigm Freeze, experts in the field answer these fundamental questions by examining and comparing six essential policy issues - regionalization, needs-based funding, alternative payment plans, privatization, waiting lists, and prescription drug coverage - in five provinces. Noting hundreds of recommendations from dozens of reports commissioned by provincial governments over the last quarter century - the great majority to little or no avail - the book focuses on careful diagnosis, rather than unplanned treatment, of the problem. Paradigm Freeze is based on thirty case studies of policy reform in Alberta, Saskatchewan, Ontario, Quebec, and Newfoundland and Labrador. The contributors assess the nature and extent of healthcare reform in Canada since the beginning of the 1990s. They account for the generally limited extent of reform that has occurred, and identify the factors associated with the relatively few cases of large reform. An insightful new perspective on a problem that has plagued Canadian governments for decades, Paradigm Freeze is an important addition to the field of health policy. Contributors include John Church (University of Alberta), Michael Ducie (Alberta Health and Wellness), Pierre-Gerlier Forest (Pierre Elliott Trudeau Foundation), Stephen Tomblin (Memorial University), Jeff Braun Jackson (Ontario Professional Firefighters Association, Burlington, ON), Marie-Pascale Pomey (Université de Montréal), John N. Lavis (McMaster University), Harvey Lazar (Queen's University), Elisabeth Martin (Université Laval),Tom McIntosh (University of Regina), Dianna Pasic (McMaster University), Neale Smith (University of British Columbia), and Michael G. Wilson (McMaster University).
Unstable Constitutionalism
Author: Mark Tushnet, Madhav Khosla
Publisher: Cambridge University Press
ISBN: 1107068959
Pages: 414
Year: 2015-09-04
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This book examines constitutional law and practice in five South Asian countries: India, Pakistan, Sri Lanka, Nepal, and Bangladesh.
Author: Gregory Koger
Publisher: University of Chicago Press
ISBN: 0226449661
Pages: 272
Year: 2010-06-15
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In the modern Congress, one of the highest hurdles for major bills or nominations is gaining the sixty votes necessary to shut off a filibuster in the Senate. But this wasn’t always the case. Both citizens and scholars tend to think of the legislative process as a game played by the rules in which votes are the critical commodity—the side that has the most votes wins. In this comprehensive volume,Gregory Koger shows, on the contrary, that filibustering is a game with slippery rules in which legislators who think fast and try hard can triumph over superior numbers. Filibustering explains how and why obstruction has been institutionalized in the U.S. Senate over the last fifty years, and how this transformation affects politics and policymaking. Koger also traces the lively history of filibustering in the U.S. House during the nineteenth century and measures the effects of filibustering—bills killed, compromises struck, and new issues raised by obstruction. Unparalleled in the depth of its theory and its combination of historical and political analysis, Filibustering will be the definitive study of its subject for years to come.
The Family on Trial in Revolutionary France
Author: Suzanne Desan
Publisher: Univ of California Press
ISBN: 0520238591
Pages: 456
Year: 2004-06-15
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Contrary to arguments that claim the Revolution bound women within a domestic sphere, The Family on Trial maintains that the new civil laws and gender politics offered many women unexpected opportunities to gain power, property, or independence."--Jacket.
Introduction to the Study of the Law of the Constitution
Author: Albert Venn Dicey
Pages: 577
Year: 1915
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Achieving High Educational Standards for All:
Author: Division of Behavioral and Social Sciences and Education, Board on Behavioral, Cognitive, and Sensory Sciences, National Research Council
Publisher: National Academies Press
ISBN: 0309083036
Pages: 300
Year: 2002-04-11
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This volume summarizes a range of scientific perspectives on the important goal of achieving high educational standards for all students. Based on a conference held at the request of the U.S. Department of Education, it addresses three questions: What progress has been made in advancing the education of minority and disadvantaged students since the historic Brown v. Board of Education decision nearly 50 years ago? What does research say about the reasons of successes and failures? What are some of the strategies and practices that hold the promise of producing continued improvements? The volume draws on the conclusions of a number of important recent NRC reports, including How People Learn, Preventing Reading Difficulties in Young Children, Eager to Learn, and From Neurons to Neighborhoods, among others. It includes an overview of the conference presentations and discussions, the perspectives of the two co-moderators, and a set of background papers on more detailed issues.
One Nation After Trump
Author: E.J. Dionne, Jr., Norman J. Ornstein, Thomas E. Mann
Publisher: St. Martin's Press
ISBN: 1250164060
Pages: 256
Year: 2017-09-19
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THE INSTANT NEW YORK TIMES AND WASHINGTON POST BESTSELLER A call to action from three of Washington's premier political scholar-journalists, One Nation After Trump offers the definitive work on the threat posed by the Trump presidency and how to counter it. American democracy was never supposed to give the nation a president like Donald Trump. We have never had a president who gave rise to such widespread alarm about his lack of commitment to the institutions of self-government, to the norms democracy requires, and to the need for basic knowledge about how government works. We have never had a president who raises profound questions about his basic competence and his psychological capacity to take on the most challenging political office in the world. Yet if Trump is both a threat to our democracy and a product of its weaknesses, the citizen activism he has inspired is the antidote. The reaction to the crisis created by Trump’s presidency can provide the foundation for an era of democratic renewal and vindicate our long experiment in self-rule. The award-winning authors of One Nation After Trump explain Trump’s rise and the danger his administration poses to our free institutions. They also offer encouragement to the millions of Americans now experiencing a new sense of citizenship and engagement and argue that our nation needs a unifying alternative to Trump’s dark and divisive brand of politics—an alternative rooted in a New Economy, a New Patriotism, a New Civil Society, and a New Democracy. One Nation After Trump is the essential book for our era, an unsparing assessment of the perils facing the United States and an inspiring roadmap for how we can reclaim the future.
The Nine
Author: Jeffrey Toobin
Publisher: Anchor
ISBN: 0307472892
Pages: 480
Year: 2008-09-30
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Acclaimed journalist Jeffrey Toobin takes us into the chambers of the most important—and secret—legal body in our country, the Supreme Court, revealing the complex dynamic among the nine people who decide the law of the land. An institution at a moment of transition, the Court now stands at a crucial point, with major changes in store on such issues as abortion, civil rights, and church-state relations. Based on exclusive interviews with the justices and with a keen sense of the Court’s history and the trajectory of its future, Jeffrey Toobin creates in The Nine a riveting story of one of the most important forces in American life today.