Federalism the Supreme Court and the Seventeenth Amendment the Irony of Constitutional Democracy

Author: Ralph A. Rossum
Publisher: Lexington Books
ISBN: 9780739102862
Format: PDF, ePub
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Abraham Lincoln worried that the "walls" of the constitution would ultimately be leveled by the "silent artillery of time." His fears materialized with the 1913 ratification of the Seventeenth Amendment, which, by eliminating federalism's structural protection, altered the very nature and meaning of federalism. Ralph A. Rossum's provocative new book considers the forces unleashed by an amendment to install the direct election of U.S. Senators. Far from expecting federalism to be protected by an activist court, the Framers, Rossum argues, expected the constitutional structure, particularly the election of the Senate by state legislatures, to sustain it. In Federalism, the Supreme Court, and the Seventeenth Amendment Rossum challenges the fundamental jurisprudential assumptions about federalism. He also provides a powerful indictment of the controversial federalist decisions recently handed down by an activist U.S. Supreme Court seeking to fill the gap created by the Seventeenth Amendment's ratification and protect the original federal design. Rossum's masterful handling of the development of federalism restores the true significance to an amendment previously consigned to the footnotes of history. It demonstrates how the original federal design has been amended out of existence; the interests of states as states abandoned and federalism left unprotected, both structurally and democratically. It highlights the ultimate irony of constitutional democracy: that an amendment intended to promote democracy, even at the expense of federalism, has been undermined by an activist court intent on protecting federalism, at the expense of democracy.

Pragmatism Politics and Perversity

Author: Joseph L. Esposito
Publisher: Lexington Books
ISBN: 0739173634
Format: PDF, Docs
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A philosophical yet detailed history of the American party battle explaining why partisan debate is so perverse and how it could be made less so. Building upon the heritage of American pragmatism, from Peirce to Rorty and the new pragmatists, as well as the work of historian Charles Beard, the book identifies that battle as a struggle between nation state and market state, with special emphasis on the perversity of Civil War politics.

The Heritage Guide to the Constitution

Author: David F. Forte
Publisher: Regnery Publishing
ISBN: 1621572684
Format: PDF
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A landmark work of more than one hundred scholars, The Heritage Guide to the Constitution is a unique line-by-line analysis explaining every clause of America's founding charter and its contemporary meaning. In this fully revised second edition, leading scholars in law, history, and public policy offer more than two hundred updated and incisive essays on every clause of the Constitution. From the stirring words of the Preamble to the Twenty-seventh Amendment, you will gain new insights into the ideas that made America, important debates that continue from our Founding, and the Constitution's true meaning for our nation.

Theodore and Woodrow

Author: Andrew P. Napolitano
Publisher: Thomas Nelson
ISBN: 1595554211
Format: PDF, Kindle
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“Either the Constitution means what it says, or it doesn’t.” America’s founding fathers saw freedom as a part of our nature to be protected—not to be usurped by the federal government—and so enshrined separation of powers and guarantees of freedom in the Constitution and the Bill of Rights. But a little over a hundred years after America’s founding, those God-given rights were laid siege by two presidents caring more about the advancement of progressive, redistributionist ideology than the principles on which America was founded. Theodore and Woodrow is Judge Andrew P. Napolitano’s shocking historical account of how a Republican and a Democratic president oversaw the greatest shift in power in American history, from a land built on the belief that authority should be left to the individuals and the states to a bloated, far-reaching federal bureaucracy, continuing to grow and consume power each day. With lessons rooted in history, Judge Napolitano shows the intellectually arrogant, anti-personal freedom, even racist progressive philosophy driving these men to poison the American system of government. And Americans still pay for their legacy—in the federal income, in state-prescribed compulsory education, in the Federal Reserve, in perpetual wars, and in the constant encroachment of a government that coddles special interests and discourages true competition in the marketplace. With his attention to detail, deep constitutional knowledge, and unwavering adherence to truth telling, Judge Napolitano moves through the history of these men and their times in office to show how American values and the Constitution were sadly set aside, leaving personal freedom as a shadow of its former self, in the grip of an insidious, Nanny state, progressive ideology.

The Road to Mass Democracy

Author: C. H. Hoebeke
Publisher: Transaction Publishers
ISBN: 1412838770
Format: PDF, Mobi
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Before the Seventeenth Amendment, US senators were elected by state legislatures. To end the supposed corruption of state "machines" and make the Senate more responsive to the legislative needs of the industrial era, the Senate was made a popularly elected body in 1913. Meanwhile, the spread of information and communications technology, it was argued, had rendered indirect representation through state legislators unnecessary. However, C. H. Hoebeke contends, none of these reasons accorded with the original intent of the Constitution's framers. To the founders, democracy simply meant the absolute rule of the majority. They proposed instead a "mixed" Constitution, an ancient ideal under which democracy was only one element in a balanced republic. Hoebeke demonstrates that the states, which were to provide the aristocratic Senate and the monarchical president, never resisted egalitarian encroachments, and settled for popular expedients when electing both presidents and senators long before the formal cry for amendment. The Road to Mass Democracy addresses the corruption, character and conduct of senate candidates and other issues relating to the triumph of "plebiscitary government" over "representative checks and balances." This work offers a provocative, readable, and often satiric reexamination of America's attempt to solve the problems of democracy with more democracy.

The Constitutionalism of American States

Author: George E. Connor
Publisher: University of Missouri Press
ISBN: 0826266053
Format: PDF, Docs
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"This comparative study of state constitutions offers insightful overviews of the general and specific problems that have confronted America's constitution writers since the country's founding. Each chapter reflects the constitutional theory and history of a single state, encompassing each document's structure, content, and evolution"-- Provided by publisher.

The 1913 Solution

Author: H. R. Stuart
Publisher: Createspace Independent Publishing Platform
ISBN: 9781539986959
Format: PDF, ePub, Docs
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The United States of America is burdened with a myriad of problems. These are problems imposed on the American people by the U.S. federal government. Today, Americans are coping with high taxes, onerous regulations, huge budget deficits and a national debt of inconceivable magnitude. We worry about the 94 million people who are not employed and the lethargic growth of our economy. We are frustrated by the dominant influence of special interests over our long-term national interests. Interestingly, these problems are actually symptoms of the same root cause - the 1913 Solution. The 1913 Solution introduced a number of systemic problems that affects not only the federal government, but the several states, our businesses, our individual interests and even our international relationships. The 1913 Solution created the structural foundation and political environment for the explosive growth of the federal government and the countless extra-constitutional (or unconstitutional) initiatives inflicted upon us by federal legislators and bureaucrats. Continued reliance on electing the "right" people every two years in the hope of fixing these problems will be futile. Only by fixing the systemic problems introduced by the 1913 Solution will we restore our nation's prospects for the future. Fortunately, we can fix these problems without relying on the support of federal elected officials, bureaucrats or "The Establishment." This is neither a book of inevitable doom nor of empty hope. This is a solution book.

Electing the Senate

Author: Wendy J. Schiller
Publisher: Princeton University Press
ISBN: 1400852684
Format: PDF, Docs
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From 1789 to 1913, U.S. senators were not directly elected by the people—instead the Constitution mandated that they be chosen by state legislators. This radically changed in 1913, when the Seventeenth Amendment to the Constitution was ratified, giving the public a direct vote. Electing the Senate investigates the electoral connections among constituents, state legislators, political parties, and U.S. senators during the age of indirect elections. Wendy Schiller and Charles Stewart find that even though parties controlled the partisan affiliation of the winning candidate for Senate, they had much less control over the universe of candidates who competed for votes in Senate elections and the parties did not always succeed in resolving internal conflict among their rank and file. Party politics, money, and personal ambition dominated the election process, in a system originally designed to insulate the Senate from public pressure. Electing the Senate uses an original data set of all the roll call votes cast by state legislators for U.S. senators from 1871 to 1913 and all state legislators who served during this time. Newspaper and biographical accounts uncover vivid stories of the political maneuvering, corruption, and partisanship—played out by elite political actors, from elected officials, to party machine bosses, to wealthy business owners—that dominated the indirect Senate elections process. Electing the Senate raises important questions about the effectiveness of Constitutional reforms, such as the Seventeenth Amendment, that promised to produce a more responsive and accountable government.

Antonin Scalia s Jurisprudence

Author: Ralph A. Rossum
Publisher:
ISBN: 9780700623501
Format: PDF, Mobi
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The first comprehensive, reasoned, and sympathetic analysis of how Scalia has decided cases now covers his entire Supreme Court tenure.