This book is the second in a series in AEI's project 'A decade of study of the Constitution'"--T.p. verso. Includes bibliographical references. American democracy and the acquisitive spirit / Marc F. Plattner -- Class rule under the Constitution / Edward S. Greenberg -- The Constitution and Hamiltonian capitalism / Forrest McDonald -- The Constitution, capitalism, and the need for rationalized regulation / Walter Dean Burnham -- The Constitution and the protection of capitalism / Bernard H. Siegan -- Capitalism or democracy / Robert Lekachman -- The Constitution and the spirit of commerce / Stephen Miller.
What is the government's proper role in the economy? Do free or managed markets best promote economic development? Who can best pick industrial winners and losers, the government or private sector? This book attempts to answer those and related questions by exploring the evolution and results of federal policies towards half a dozen economic sectors. Those policies are largely determined by the representatives of the targeted industry, bureaucrats from agencies and departments that administer that industry, and politicians with firms from that industry in their districts. These 'iron triangles' capture a 'virtuous' political economic cycle in which they use their united power to grant themselves favourable policies which in turn enhances their power. As will be seen, the results of such a politicized industrial policy process varies considerably from one industry to the next.
Contrary to traditional theories of statutory interpretation, which ground statutes in the original legislative text or intent, legal scholar William Eskridge argues that statutory interpretation changes in response to new political alignments, new interpreters, and new ideologies. It does so, first of all, because it involves richer authoritative texts than does either common law or constitutional interpretation: statutes are often complex and have a detailed legislative history. Second, Congress can, and often does, rewrite statutes when it disagrees with their interpretations; and agencies and courts attend to current as well as historical congressional preferences when they interpret statutes. Third, since statutory interpretation is as much agency-centered as judgecentered and since agency executives see their creativity as more legitimate than judges see theirs, statutory interpretation in the modern regulatory state is particularly dynamic. Eskridge also considers how different normative theories of jurisprudence--liberal, legal process, and antiliberal--inform debates about statutory interpretation. He explores what theory of statutory interpretation--if any--is required by the rule of law or by democratic theory. Finally, he provides an analytical and jurisprudential history of important debates on statutory interpretation.
Ordering America, painting a felicitous portrait of Western civilization, shows that its defining ideals--rooted in man ́s common human nature, a perception newly substantiated by modern evolutionary psychology--were best fulfilled by realization of the American founding order. Twentieth-century progressivism and postmodern multiculturalism detoured America down the way of social constructionism--human nature and equality are produced by culture and the state, through groups. The book sets a course to revive the Western ideals and return to an opportune center-right American order, applying latest scientific insights and restoring individual responsibility and reciprocity under more limited, still energetic government befitting our century.
The author argues that we the people’s rights under the Constitution as amended cannot be characterized as “specific prohibitions” against government. Life, liberty, and property rights, and the freedoms of religion, speech, and press, for example, are neither self-defining nor precise. Accordingly, in our representative democracy, the unelected, unaccountable, life-tenured judges on the Supreme Court should defer to the laws of Congress affecting these rights absent a clear constitutional violation. But the modern conservative Court has become increasingly willing to overturn the laws and policy choices of our nation’s elected representatives based on the judges’ political and ideological preferences. Congress has the constitutional power to control the jurisdiction of the lower federal courts and the appellate jurisdiction of the Supreme Court, but it has not chosen to exercise this power in any meaningful way to preserve and protect the American people’s right to be governed by majoritarian rule
A comprehensive and focused review of all of the Supreme Court's overturns of Congress on constitutional grounds from 1789 to the present suited to college-level political science and constitutional law courses as well as law school students. The always-controversial practice of judicial review of Congress is not prescribed in the Constitution, but is arguably a valid way to protect the rights of individuals or guard against unfair rule by the majority. This book offers a historical review and indictment of the Supreme Court's overruling of Congress, ultimately taking a position that this has been more detrimental than beneficial to the democratic process in the United States, and that in the aggregate rights of individuals and minorities would have been better served if the relevant laws of Congress had been enforced rather than struck down by the Court. Written by an author who is a historian and a lawyer, the book covers all Supreme Court overrides of Congress through 2014, including major historical turning points in Supreme Court legislation and such recent and relevant topics as the Affordable Care Act, limits on contributions to political candidates and campaigns from wealthy individuals, and the Defense of Marriage Act. The discussions of specific cases are made in relevant context and focus on "big picture" themes and concepts without skipping key details, making this a useful volume for law and university level students while also being accessible to general readers.
James Madison Rules America examines congressional party legislative and electoral strategy in the context of our constitutional separation of powers. William Connelly argues that partisanship, polarization and the permanent campaign are an inevitable part of congressional politics. James Madison Rules America is as topical as current debates over partisan polarization and the permanent campaign, while being grounded in two enduring and important schools of thought within political science: pluralism and party government.
For nearly four centuries, Americans have debated the government's proper role in developing the economy. Some argue that the economy develops the best when government intervenes the least. Others counter that the economy best develops when government and business work together to that end. A Short History of American Industrial Policies analyzes the ideological, political, and industrial policy struggle from the colonial era to the 1990s. To give a complete understanding, both the chronology and process of America's industrial policymaking and policies are explored in depth throughout.
Inaugurates a series of political science analyses of contemporary American politics addressing how institutions and policies can best function to maintain a liberal democracy. Considering both campaigns/elections and the inner workings of Capital Hill, explores how the Republican minority in the US House of Representatives shifted from part of a normal political cycle to a 40-year institution, and the implications for politicians, the party, the government, and the country. Annotation copyright by Book News, Inc., Portland, OR
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