The Madisonian Constitution

Author: George Thomas
Publisher: JHU Press
ISBN: 9781421403267
Format: PDF, Mobi
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Engagingly written and soundly argued, this study clarifies and highlights the political origins of the nation's foundational document and argues that American constitutionalism is primarily about countervailing power not legal limits enforced by courts.

James Madison and Constitutional Imperfection

Author: Jeremy D. Bailey
Publisher: Cambridge University Press
ISBN: 131640479X
Format: PDF
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This book presents a provocative account of James Madison's political thought by focusing on Madison's lifelong encounter with the enduring problem of constitutional imperfection. In particular, it emphasizes Madison's alliance with Thomas Jefferson, liberating it from those long-standing accounts of Madisonian constitutionalism that emphasize deliberation by elites and constitutional veneration. Contrary to much of the scholarship, this book shows that Madison was aware of the limits of the inventions of political science and held a far more subtle understanding of the possibility of constitutional government than has been recognized. By repositioning Madison as closer to Jefferson and the Revolution of 1800, this book offers a reinterpretation of one of the central figures of the early republic.

Madison s Managers

Author: Anthony M. Bertelli
Publisher: JHU Press
ISBN: 9780801883194
Format: PDF, Docs
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Combining insights from traditional thought and practice and from contemporary political analysis, Madison's Managers presents a constitutional theory of public administration in the United States. Anthony Michael Bertelli and Laurence E. Lynn Jr. contend that managerial responsibility in American government depends on official respect for the separation of powers and a commitment to judgment, balance, rationality, and accountability in managerial practice. The authors argue that public management—administration by unelected officials of public agencies and activities based on authority delegated to them by policymakers—derives from the principles of American constitutionalism, articulated most clearly by James Madison. Public management is, they argue, a constitutional institution necessary to successful governance under the separation of powers. To support their argument, Bertelli and Lynn combine two intellectual traditions often regarded as antagonistic: modern political economy, which regards public administration as controlled through bargaining among the separate powers and organized interests, and traditional public administration, which emphasizes the responsible implementation of policies established by legislatures and elected executives while respecting the procedural and substantive rights enforced by the courts. These literatures are mutually reinforcing, the authors argue, because both feature the role of constitutional principles in public management. Madison's Managers challenges public management scholars and professionals to recognize that the legitimacy and future of public administration depend on its constitutional foundations and their specific implications for managerial practice.

Equality Responsibility and the Law

Author: Arthur Ripstein
Publisher: Cambridge University Press
ISBN: 9780521003070
Format: PDF, Kindle
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Examines responsibility and luck as these issues arise in tort law, criminal law, and distributive justice.

The Founders and the Idea of a National University

Author: George Thomas
Publisher: Cambridge University Press
ISBN: 1107083435
Format: PDF, ePub, Docs
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"Constituting the American Mind is about early efforts to establish a national university and what those efforts say about the nature and logic of American Constitutionalism. This book offers the first in depth study of the efforts to establish a national university from a constitutional perspective. While mostly noted in passing, the national university was put forward by every president from Washington to John Quincy Adams as a necessary supplement to the formal institutions of government; it would help constitute the American mind in a manner that carried forward the ideas the constitution rested on including, for example, the separation of the "civic" from the "theological.""--

Freedom for the Thought That We Hate

Author: Anthony Lewis
Publisher: Basic Books
ISBN: 0465012930
Format: PDF, ePub
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More than any other people on earth, we Americans are free to say and write what we think. The press can air the secrets of government, the corporate boardroom, or the bedroom with little fear of punishment or penalty. This extraordinary freedom results not from America's culture of tolerance, but from fourteen words in the constitution: the free expression clauses of the First Amendment. In Freedom for the Thought That We Hate, two-time Pulitzer Prize-winner Anthony Lewis describes how our free-speech rights were created in five distinct areas—political speech, artistic expression, libel, commercial speech, and unusual forms of expression such as T-shirts and campaign spending. It is a story of hard choices, heroic judges, and the fascinating and eccentric defendants who forced the legal system to come face to face with one of America's great founding ideas.

The Political Philosophy of Thomas Jefferson

Author: Garrett Ward Sheldon
Publisher: JHU Press
ISBN: 9780801847141
Format: PDF
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Offers a concise introduction to Jefferson's political philosophy, and aims to make a contribution to a prevailing historiographic controversy: was Thomas Jefferson a Lockean liberal or a classical republican? Sheldon claims that his thought followed a rich variety of theoretical traditions.

The Cosmopolitan Constitution

Author: Alexander Somek
Publisher: OUP Oxford
ISBN: 0191030929
Format: PDF, Docs
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Originally the constitution was expected to express and channel popular sovereignty. It was the work of freedom, springing from and facilitating collective self-determination. After the Second World War this perspective changed: the modern constitution owes its authority not only to collective authorship, it also must commit itself credibly to human rights. Thus people recede into the background, and the national constitution becomes embedded into one or other system of 'peer review' among nations. This is what Alexander Somek argues is the creation of the cosmopolitan constitution. Reconstructing what he considers to be the three stages in the development of constitutionalism, he argues that the cosmopolitan constitution is not a blueprint for the constitution beyond the nation state, let alone a constitution of the international community; rather, it stands for constitutional law reaching out beyond its national bounds. This cosmopolitan constitution has two faces: the first, political, face reflects the changed circumstances of constitutional authority. It conceives itself as constrained by international human rights protection, firmly committed to combating discrimination on the grounds of nationality, and to embracing strategies for managing its interaction with other sites of authority, such as the United Nations. The second, administrative, face of the cosmopolitan constitution reveals the demise of political authority, which has been traditionally vested in representative bodies. Political processes yield to various, and often informal, strategies of policy co-ordination so long as there are no reasons to fear that the elementary civil rights might be severely interfered with. It represents constitutional authority for an administered world.

What Would Madison Do

Author: Benjamin Wittes
Publisher: Brookings Institution Press
ISBN: 0815726589
Format: PDF, Mobi
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What would the father of the Constitution think of contemporary developments in American politics and public policy? Constitutional scholars have long debated whether the American political system, which was so influenced by the thinking of James Madison, has in fact grown outmoded. But if Madison himself could peer at the present, what would he think of the state of key political institutions that he helped originate and the government policies that they produce? In What Would Madison Do?, ten prominent scholars explore the contemporary performance of Madison's constitutional legacy and how much would have surprised him. Contents: 1. Introduction: Perspectives on Madison's Legacy for Contemporary American Politics, Pietro S. Nivola and Benjamin Wittes 2. Mr. Madison's Communion Suit: Implementation-Group Liberalism and the Case for Constitutional Reform, John J. DiIulio Jr. 3. Constitutional Surprises: What James Madison Got Wrong, William A. Galston 4. Overcoming the Great Recession: How Madison's "Horse and Buggy" Managed, Pietro S. Nivola 5. Gridlock and the Madisonian Constitution, R. Shep Melnick

The Political Philosophy of Alexander Hamilton

Author: Michael P. Federici
Publisher: JHU Press
ISBN: 1421406608
Format: PDF, Kindle
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Devoted to the whole of Hamilton’s political writing, this accessible and teachable analysis makes clear the enormous influence Hamilton had on the development of American political and economic institutions and policies.