In analyzing the Supreme Court's powers in federal-state relations, the author demonstrates that the framers of the constitution clearly intended that the Court should be the federal umpire, thus disproving a charge by modern states' righters of usurpation of power by the Supreme Court. In each historical period the effect of the Court interpretations on the autonomy of the state governments and on the acceleration of federal centralization is considered. Originally published in 1958. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.
The controversy over whaling has complicated U.S.-Japan relations and has, on occasion, created tensions and recriminations. A group of eminent U.S. and Japanese scholars examined the problems at issue in a major conference in Tokyo in 1977. This book, the result of that conference, explores the history of the whaling controversy, whaling as a resource, the status of whaling in international law, and the policy alternatives confronting Japan, the U.S., and relevant international organizations.
During his two terms as Chief Executive, Andrew Jackson made six appointments to the United States Supreme Court, more than any nineteenth-century president. Ranging from the famous to the virtually unknown, this group together reflected what may be described as their appointer's nationalist-states' rights dual constitutional personality. They consisted of three late Marshall Court appointees: John McLean of Ohio in 1829, Henry Baldwin of Pennsylvania in 1830, and James Wayne of Georgia in 1835, and three appointments at the onset of the Taney era: Roger Taney of Maryland and Philip Barbour of Virginia in 1836, and John Catron of Tennessee in 1837. Together, these six justices transformed the Supreme Court. Although two earlier-appointed justices sat on the bench into the 1840s, and despite twelve additional appointments made under seven subsequent presidents, Jackson's judges, at least until the four wartime appointments of Abraham Lincoln, formed the core of the Taney Court. Such dominance did not equal unity, however, as Justices McLean and Wayne proved strong nationalists. Nor were Jackson's picks the Court's most extreme members of the antebellum era, for Martin Van Buren's two later appointments became the most agrarian, states-rights voices of the Taney era. Jackson's judges, like the Court itself, elude simple categorization. As a study, Jackson's Judges examines the lives and jurisprudence of his six Supreme Court appointments. Its uniqueness lies in the framework; the subject is not the Marshall or Taney Court, but Jackson's judges. Joining judicial biography with case analysis, the study examines each justice in separate chapters, forming six largely self-contained, legal-focused biographies. Analysis includes personal information, political connections, and jurisprudential background and credentials. The heart of each chapter is an in-depth analysis of the subject's most profound or trademark opinion. Each justice is then considered for his contribution to constitutional history. Following a survey of the Marshall and Taney Courts is an analysis of the life and presidency of Andrew Jackson with special emphasis on his background and relationship with judiciaries. This fascinating study shows how, through six appointments to the United States Supreme Court, Andrew Jackson reflected his own dual constitutional personality while doing more than any nineteenth-century president to shape the American nation.
The U.S. Constitution and its 27 amendments (including the Bill of Rights) is a living document, as evidenced by new laws and Supreme Court rulings that with each passing year change how the Constitution's guidelines are interpreted and implemented. A Companion to the United States Constitution and Its Amendments is designed to show students just how revolutionary the Constitution was—and how relevant it remains today. This seventh revised edition of the Companion begins by revisiting the key events leading to the Constitution's ratification, including the writing of the Declaration of Independence and the proceedings of the Constitutional Convention, then explores the document article by article, amendment by amendment, to help readers better understand how each section of the document shapes the world we live in today. In addition, the Companion illuminates how new laws, political debates, and Supreme Court decisions are continually reshaping our understanding of the Constitution and its role in American life and society—including such essential and foundational elements of democracy as voting; elections; the peaceful transfer of power; equality before the law; civil rights and liberties; and the duties, responsibilities, and obligations of the nation's three branches of government.
Written by a leading scholar of the constitutional amending process, this two-volume encyclopedia, now in its fifth edition, is an indispensable resource for students, legal historians, and high school and college librarians. This authoritative reference resource provides a history and analysis of all 27 ratified amendments to the Constitution, as well as insights and information on thousands of other amendments that have been proposed but never ratified from America's birth until the present day. The set also includes a rich bibliography of informative books, articles, and other media related to constitutional amendments and the amending process.
Drawing upon revealing and generally unpublished presidential papers associated with Lyndon Johnson's ill-fated nomination of Abe Fortas, and Richard Nixon's failed designations of Clement F. Haynsworth and G. Harrold Carswell, and culminating in a lively investigation of the Bork and Ginsburg cases, the author convincingly demonstrates that the Senate's negative actions can be traced to the exciting interplay of three factors. The author demonstrates that these decisions are based not only upon the nominee's ideology and the timing of the nomination, but also on the president's management of the confirmation process. He vividly illustrates that most failed nominations can be attributed to unwise choices, disastrous miscalculations, and outright blunders made by the presidents during the confirmation process. While other scholars have explained unsuccessful nominations by employing the factors of ideology and timing, the author breaks new and fertile ground in highlighting the role of presidential management in his explanation.
Written for the American Government course, this book is a point-of-view book that addresses the fundamental dilemma facing democratic societies. This book takes all of the traditional topics covered by an American Government text and shows how they are influenced by the trade-offs between efficacy and representativeness. For example, in the civil liberties chapter, it is shown how the emergencies of the Civil War, World War I and World War II led to curbs on civil liberties. As the emergency of World War II ended and the fear of communism receded, much of the 1960s and 1970s saw a relaxation in the demand for efficacy and a growing demand for representativeness.
UNDERSTANDING AMERICAN GOVERNMENT is highly respected and trusted for its attention to research and issues of diversity as well as its award-winning team of authors. While covering the basic foundations and features of American Government, this text also moves beyond the nuts and bolts, to explain why and how important features of government have evolved, their impact on government and individuals, and why these features are controversial (if they are) and worth learning. More than just narrating facts and current issues, UNDERSTANDING AMERICAN GOVERNMENT attempts to leave the students with an understanding of the "why," so their knowledge can be applied long after the course is completed. UNDERSTANDING AMERICAN GOVERNMENT is a three-time winner of the American Government Textbook Award for the Best Treatment of Women in Politics, by the Women's Caucus for Political Science.
America's rapid and drastically changing demographics pose new challenges to society and particularly to the workplace. Taking as their theme that The only antidote to stereotyping and discrimination is to know each other as individuals, the authors look carefully at the direction in which America is heading demographically and where it will be in the 21st century. They discuss what the workplace will be like and how it will be affected by the characteristics of the people who will comprise it. The essence of the problem, say the authors, is communication—the face-to-face interaction between people of different ethnicities, races, and genders. They may be speaking to each other but are not being heard. Exploring the relationship between culture, communication and management, this new research in management introduces and applies the theory of 'Reflexive Communication' and the microskills necessary for using it in day-to-day work situations. The authors lay out the patterns of culture-specific values and behaviors of the major demographic groups in the workplace—white males, women, African-Americans, Hispanics, and Asian Americans. In each of these chapters the authors apply their theory and show step-by-step how individuals within each group can be accessed and trained by the precepts of 'Reflexive Communication'. The book concludes with a thoughtful examination of the future of diversity and diversity training in America and reasserts the need for people of differing cultures to find ways to work together, not only for their own personal benefit, but for the benefit of their workplaces and organizations. The authors lay out the patterns of culture-specific values and behaviors of the major demographic groups in the workplace—white males, women, African Americans, Hispanics, and Asian Americans. In each of these chapters the authors apply their theory and show step-by-step how individuals within each group can be accessed and trained according to the precepts of 'Reflexive Communication'. The book concludes with a thoughtful examination of the future of diversity training in America and reasserts the need for people of differing cultures to find ways to work together, not only for their own personal benefit, but for the benefit of their workplaces and organizations.
Individual donors play a critical role in financing congressional elections, accounting for more than half of all money raised in House campaigns. But significant donors (defined here as those contributing more than $200) are the least understood participants in the system. who really contributes and why? How much and to how many candidates? What are the strategies used by political campaigns to elicit contributions and how do the views of significant donors impact the campaign-finance system? What do donors think about campaign-finance reform? This book investigates these vital questions, describing the influence of congressional financiers in American politics.
Now in its fourth edition and completely updated, this is the most comprehensive book on constitutional amendments and proposed amendments available. Although only 27 amendments have ever been added to the U.S. Constitution, the last one having been ratified in 1992, throughout American history, members of Congress have introduced more than 11,000 amendments, and countless individuals outside of Congress have advanced their own proposals to revise the Constitution—the wellspring of America's legal, political, and cultural foundations. At a time when calls for a new constitutional convention are on the rise, it is essential for students of political science and history as well as American citizens to understand proposed alternatives. This updated edition of the established standard for high school and college libraries as well as public and law libraries serves as the go-to reference for learning about existing constitutional amendments, proposed amendments, and the issues related to them. An alphabetically arranged two-volume set, it contains more than 500 entries that discuss amendments that have been proposed in Congress from 1789 to the present. It also discusses prominent proposals for extensive constitutional changes introduced outside Congress as well as discussions of major amending issues.
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