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Fourth branch, Cook, Brian J.


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Автор: Cook, Brian J.
Название:  Fourth branch
ISBN: 9780700632077
Издательство: Mare Nostrum (Eurospan)
Классификация:


ISBN-10: 0700632077
Обложка/Формат: Hardback
Страницы: 288
Вес: 0.59 кг.
Дата издания: 30.04.2021
Язык: English
Размер: 23.37 x 16.00 x 2.79 cm
Ключевые слова: Constitution: government & the state,Political structure & processes,Public administration, POLITICAL SCIENCE / American Government / Executive Branch,POLITICAL SCIENCE / American Government / National,POLITICAL SCIENCE / Public Affairs & Administration
Подзаголовок: Reconstructing the administrative state for the commercial republic
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Поставляется из: Англии
Описание: In The Fourth Branch: Reconstructing the Administrative State for the Commercial Republic Brian J. Cook confronts head-on the accumulating derangements in the American constitutional system and how the administrative state has contributed to the problems, how it has been a key force in addressing the troubles, and how it can be reformed to serve the system better. The Fourth Branch is anchored in a powerful theory of regime design that guides a freshly comprehensive account of the historical development of successive political economies and administrative states in the United States and provides the normative grounding for more far-reaching constitutional change. Cook calls for a decisive, pattern-breaking response in the form of a constitutional redesign to accommodate a fourth branch, an administrative branch. The Fourth Branch shows that the creation of a fourth administrative branch is consistent with the history and traditions of American constitutionalism. Far more than that, however, the addition of a fourth branch could enhance American constitutionalism by making the separation of powers work better, increasing the likelihood that deliberative lawmaking will occur, strengthening civic capacity and public engagement in governance, and improving both accountability and coordination in the administrative state.By stressing that the administrative state in its current form is both biased toward business and seriously undermined by subordination to the three constitutional branches, Cook contends that neither abandoning the administrative state nor more deeply constitutionalizing or democratizing it within the existing constitutional structure is sufficient to fully legitimate and capitalize on administrative power to serve the public interest. Rather, Cook argues that it is imperative to confront the reality that a fundamental reordering of constitutional arrangements is necessary if the American commercial republic is to recover from its growing disorder and progress further toward its aspirations of liberal justice and limited but vigorous self-rule.
Дополнительное описание: Constitution: government and the state|Political structure and processes|Public administration



One Nation Under Graham: Apocalyptic Rhetoric and American Exceptionalism

Автор: Jonathan D. Redding
Название: One Nation Under Graham: Apocalyptic Rhetoric and American Exceptionalism
ISBN: 1481315196 ISBN-13(EAN): 9781481315197
Издательство: Mare Nostrum (Eurospan)
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Цена: 5015.00 р.
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Описание: For centuries, particular readings of the biblical text have shaped the course of Western history. Scripture, used as a political totem for those in power, gives divine weight to political agendas. This trajectory is particularly evident in the fiery career of Billy Graham, "America's evangelist." Graham's rhetoric, steeped in his political appropriation of Scripture, ultimately motivated the insertion of "under God" into the pledge of allegiance: his message of national repentance made its way to President Dwight Eisenhower, who converted it into legislation and changed history. America became self-consciously a nation under God, over against the world. One Nation under Graham investigates how one man's interpretation of the biblical books of Daniel and Revelation has impacted how the United States sees itself on a global and cosmic scale. Jonathan Redding argues that Graham rode the wave of American xenophobia to rebrand evangelical patriotism as essential to national stability and cosmic balance. A survey of Graham's influences reveals that, while Graham was far from the only Christian leader to preach gloom and doom, he was one of the first to make the theme publicly and profoundly American. Graham's influence and drive to make America a nation "under God" ensured that, with the recitation of the American pledge, his reading of Scripture would endure. Redding further shows the continued capacity of "under God" to equip contemporary leadership to leverage Christian faith for personal gain with a political base.Graham's response to major political and global events created a thoroughly American apocalyptic lens that continues to be used to give life and potency to biblical interpretations. In the same way that Daniel and Revelation warned of the dangers of unchecked political power and misplaced priorities, One Nation under Graham uses Graham's interpretations to urge all of us to consider under whom we serve and under what flag we kneel.

Negotiating the Constitution: The Earliest Debates over Original Intent

Автор: Joseph M. Lynch
Название: Negotiating the Constitution: The Earliest Debates over Original Intent
ISBN: 0801472717 ISBN-13(EAN): 9780801472718
Издательство: Wiley EDC
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Цена: 4803.00 р.
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No concept sparks more controversy in constitutional debate than "original intent." Offering a legal historian's approach to the subject, this book demonstrates that the framers deliberately obscured one of their more important decisions.

Joseph M. Lynch argues that the Constitution was a product of political struggles involving regional interests, economic concerns, and ideology. The framers, he maintains, settled on enigmatic wording of the Necessary and Proper Clause and of the General Welfare provision in the Spending Clause as a compromise, leaving the extent of federal power to be determined by the political process. During ratification, however, attempts by dissident framers to undo the compromise were repelled in The Federalist: charges of overly broad congressional powers were met with protestations that in fact these powers were limited.

Lynch describes how early lawmakers applied the Constitution to such issues as executive power and privilege, the deportation of aliens, and the prohibition of seditious speech. He follows the disputes over the interpretation of this document—focusing on James Madison's changing views—as the new government took shape and political parties were formed. Lynch points out that the first six Congresses and President George Washington disregarded the framers' intentions when they were deemed impractical to follow. In contrast, he warns that the version of original intent put forth in recent Supreme Court opinions regarding congressional power could hinder Congress in serving the nation.

If it`s broke, fix it

Автор: Eisen, Norman
Название: If it`s broke, fix it
ISBN: 0815739672 ISBN-13(EAN): 9780815739678
Издательство: Mare Nostrum (Eurospan)
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Цена: 5128.00 р.
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Описание: How to restore ethics, the rule of law, and democracy as the centerpieces of U.S. government  

U.S. government has been repeatedly renewed—sometimes simply repaired and other times reinvented—during its over 230 years. Major aspects of the federal system were broken again during the four years of the Trump administration, so it’s time for even more fixes. This book sets out the damage that was done and important ideas on how the repairs should be made, focusing on ethics, the rule of law, and democracy.

Distinguished scholars and practitioners have come together not only to address what went awry over the past four years, but also the deeper weaknesses that have become more evident, and how those weaknesses can be repaired. The problem areas range from ethics and conflicts of interest to the Hatch Act and big money in politics, and from independence at the Department of Justice and government transparency to reestablishing Congressional oversight, and the government’s role in the broader areas of how Americans vote and of international ethics and rule of law.

Overcoming Trumpery provides a framework to understand the significant developments that are already happening in Washington with respect to ethics, the rule of law, and democracy. These include the “For the People Act,” the “Protecting Our Democracy Act,” and President Biden’s Executive Order on Ethics.

The ideas outlined in this book for fixing flaws in federal governance come from the more than century of collective experience of its expert authors. The book represents a burst of sunshine after a very dark period in the nation’s history.

Claiming Her Place in Congress: Women from American Political Families as Legislators

Автор: Adams Katherine H.
Название: Claiming Her Place in Congress: Women from American Political Families as Legislators
ISBN: 1476677182 ISBN-13(EAN): 9781476677187
Издательство: Mare Nostrum (Eurospan)
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Цена: 6653.00 р.
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Описание: Drawing on extensive research and conversations with successful women politicians, this book offers a history and investigation of the political opportunities provided to women through familial connections.

The Political Constitution: The Case Against Judicial Supremacy

Автор: Weiner Greg
Название: The Political Constitution: The Case Against Judicial Supremacy
ISBN: 0700628371 ISBN-13(EAN): 9780700628377
Издательство: Mare Nostrum (Eurospan)
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Цена: 6896.00 р.
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Описание: Who should decide what is constitutional? The Supreme Court, of course, both liberal and conservative voices say—but in a bracing critique of the “judicial engagement” that is ascendant on the legal right, Greg Weiner makes a cogent case to the contrary. His book, The Political Constitution, is an eloquent political argument for the restraint of judicial authority and the return of the proper portion of constitutional authority to the people and their elected representatives. What Weiner calls for, in short, is a reconstitution of the political commons upon which a republic stands.At the root of the word “republic” is what Romans called the res publica, or the public thing. And it is precisely this—the sense of a political community engaging in decisions about common things as a coherent whole—that Weiner fears is lost when all constitutional authority is ceded to the judiciary. His book calls instead for a form of republican constitutionalism that rests on an understanding that arguments about constitutional meaning are, ultimately, political arguments. What this requires is an enlargement of the res publica, the space allocated to political conversation and a shared pursuit of common things. Tracing the political and judicial history through which this critical political space has been impoverished, The Political Constitution seeks to recover the sense of political community on which the health of the republic, and the true working meaning of the Constitution, depend.

Party, Process, and Political Change in Congress, Volume 2: Further New Perspectives on the History of Congress

Автор: David W. Brady, Mathew D. McCubbins
Название: Party, Process, and Political Change in Congress, Volume 2: Further New Perspectives on the History of Congress
ISBN: 0804755914 ISBN-13(EAN): 9780804755917
Издательство: Wiley EDC
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Цена: 6006.00 р.
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This work addresses the development of congressional practices and institutions and ties the changes to key political and economic events. In connecting political and economic events with changes in Congress, the authors examine the political economy of the history of Congress. They draw upon history to offer insights about contemporary issues such as party polarization, filibuster reform, direct election of politicians, intercameral bargaining, and the role of committees in the political process. Through this approach the authors help us to understand how politics and economics interact to affect Congress.

Thinking About Congress: Essays on Congressional Change

Автор: Lawrence C. Dodd
Название: Thinking About Congress: Essays on Congressional Change
ISBN: 0415991560 ISBN-13(EAN): 9780415991568
Издательство: Taylor&Francis
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Цена: 5205.00 р.
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Описание: In the mid-1970s, just when Congress seemed static and incapable of rejuvenation, the institution experienced an unexpected and transformative change. This volume charts the thinking of scholar Lawrence Dodd in his development of theoretical explanations for congressional change over time.

The F Street Mess: How Southern Senators Rewrote the Kansas-Nebraska Act

Автор: Alice Elizabeth Malavasic
Название: The F Street Mess: How Southern Senators Rewrote the Kansas-Nebraska Act
ISBN: 1469635526 ISBN-13(EAN): 9781469635521
Издательство: Mare Nostrum (Eurospan)
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Цена: 4076.00 р.
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Описание: Pushing back against the idea that the Slave Power conspiracy was merely an ideological construction, Alice Elizabeth Malavasic argues that some southern politicians in the 1850s did indeed hold an inordinate amount of power in the antebellum Congress and used it to foster the interests of slavery. Malavasic focuses her argument on Senators David Rice Atchison of Missouri, Andrew Pickens Butler of South Carolina, and Robert M. T. Hunter and James Murray Mason of Virginia, known by their contemporaries as the "F Street Mess" for the location of the house they shared. Unlike the earlier and better-known triumvirate of John C. Calhoun, Henry Clay, and Daniel Webster, the F Street Mess was a functioning oligarchy within the U.S. Senate whose power was based on shared ideology, institutional seniority, and personal friendship.

By centering on their most significant achievement--forcing a rewrite of the Nebraska bill that repealed the restriction against slavery above the 36 degrees 30′ parallel--Malavasic demonstrates how the F Street Mess's mastery of the legislative process led to one of the most destructive pieces of legislation in United States history and helped pave the way to secession.

Supreme Court Expansion of Presidential Power: Unconstitutional Leanings

Автор: Louis Fisher
Название: Supreme Court Expansion of Presidential Power: Unconstitutional Leanings
ISBN: 0700624678 ISBN-13(EAN): 9780700624676
Издательство: Turpin
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Цена: 9046.00 р.
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Описание: In 1787 John Jay warned of absolute monarchs who ""will often make war when their nations are to get nothing by it."" More than two centuries later, are single executives making unilateral decisions any more trustworthy? And have the checks on executive power, so critical in the Founders` drafting of the Constitution, held? These are the questions Louis Fisher pursues in this book.

The Fourth Amendment in Flux: The Roberts Court, Crime Control, and Digital Privacy

Автор: Gizzi Michael C., Curtis R. Craig
Название: The Fourth Amendment in Flux: The Roberts Court, Crime Control, and Digital Privacy
ISBN: 070062256X ISBN-13(EAN): 9780700622566
Издательство: Mare Nostrum (Eurospan)
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Цена: 12539.00 р.
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Описание: When the Founders penned the Fourth Amendment to the Constitution, it was not difficult to identify the “persons, houses, papers, and effects” they meant to protect; nor was it hard to understand what “unreasonable searches and seizures” were. The Fourth Amendment was intended to stop the use of general warrants and writs of assistance and applied primarily to protect the home. Flash forward to a time of digital devices, automobiles, the war on drugs, and a Supreme Court dominated by several decades of the jurisprudence of crime control, and the legal meaning of everything from “effects” to “seizures” has dramatically changed. Michael C. Gizzi and R. Craig Curtis make sense of these changes in The Fourth Amendment in Flux. The book traces the development and application of search and seizure law and MYUjurisprudence over time, with particular emphasis on decisions of the Roberts Court. Cell phones, GPS tracking devices, drones, wiretaps, the Patriot Act, constantly changing technology, and a political culture that emphasizes crime control create new challenges for Fourth Amendment interpretation and jurisprudence. This work exposes the tensions caused by attempts to apply pretechnological legal doctrine to modern problems of digital privacy. In their analysis of the Roberts Court’s relevant decisions, Gizzi and Curtis document the different approaches to the law that have been applied by the justices since the Obama nominees took their seats on the court. Their account, combining law, political science, and history, provides insight into the court’s small group dynamics, and traces changes regarding search and seizure law in the opinions of one of its longest serving members, Justice Antonin Scalia.At a time when issues of privacy are increasingly complicated by technological advances, this overview and analysis of Fourth Amendment law is especially welcome—an invaluable resource as weaddress the enduring question of how to balance freedom against security in the context of the challenges of the twenty-firstcentury.

On Parliamentary War: Partisan Conflict and Procedural Change in the U.S. Senate

Автор: Wallner James Ian
Название: On Parliamentary War: Partisan Conflict and Procedural Change in the U.S. Senate
ISBN: 0472037757 ISBN-13(EAN): 9780472037759
Издательство: Mare Nostrum (Eurospan)
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Цена: 4158.00 р.
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Описание: Presents a new, bargaining model of procedural change to better explain the persistence of the filibuster in the current polarized US political environment, and focuses on the dynamics ultimately responsible for the nature and direction of contested procedural change.

Presidential Accountability in Wartime: President Bush, the Treatment of Detainees, and the Laws of War

Автор: Stuart Streichler
Название: Presidential Accountability in Wartime: President Bush, the Treatment of Detainees, and the Laws of War
ISBN: 0472076493 ISBN-13(EAN): 9780472076499
Издательство: Mare Nostrum (Eurospan)
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Цена: 9563.00 р.
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Описание: When the United States violates the laws of war, who should bear the responsibility? The US has historically relied on the checks and balances of Congress and the Supreme Court to constrain executive power, and yet these boundaries are challenged by presidential war power. While other scholars have focused on presidents starting military conflicts abroad or infringing on civil liberties at home, Stuart Streichler integrates international humanitarian law into an analysis of the repercussions of presidential war powers for human rights.

Presidential Accountability in Wartime starts by outlining the history of the development of the laws of war, including the Geneva Conventions and Nuremberg Trials. Then, using President George W. Bush’s authorization of interrogating detainees of the CIA and US armed forces during a national security crisis as a case study, Streichler examines how the checks and balances of Congress and the Supreme Court failed to hold anyone personally responsible. He uses originally classified documents to unravel the decision-making process of the White House and how it fits into the wider context. The book closes with an insightful interpretation of the torture debate that highlights the hazards of relying on the body politic to hold wartime presidents accountable and the repercussions for basic human rights in times of war. In doing so, it raises profound questions about the character of the presidency, the unreliability of checks and balances, and the American constitutional system of government.


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