Constitutions and the Commons

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Author :
Publisher : Routledge
ISBN 13 : 1136661743
Total Pages : 289 pages
Book Rating : 4.1/5 (366 download)

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Book Synopsis Constitutions and the Commons by : Blake Hudson

Download or read book Constitutions and the Commons written by Blake Hudson and published by Routledge. This book was released on 2014-03-26 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutions and the Commons looks at a critical but little examined issue of the degree to which the federal constitution of a nation contributes toward or limits the ability of the national government to manage its domestic natural resources. Furthermore it considers how far the constitution facilitates the binding of constituent states, provinces or subnational units to honor the conditions of international environmental treaties. While the main focus is on the US, there is also detailed coverage of other nations such as Australia, Brazil, India, and Russia. After introducing the role of constitutions in establishing the legal framework for environmental management in federal systems, the author presents a continuum of constitutionally driven natural resource management scenarios, from local to national, and then to global governance. These sections describe how subnational governance in federal systems may take on the characteristics of a commons – with all the attendant tragedies – in the absence of sufficient national constitutional authority. In turn, sufficient national constitutional authority over natural resources also allows these nations to more effectively engage in efforts to manage the global commons, as these nations would be unconstrained by subnational units of government during international negotiations. It is thus shown that national governments in federal systems are at the center of a constitutional 'nested governance commons,' with lower levels of government potentially acting as rational herders on the national commons and national governments potentially acting as rational herders on the global commons. National governments in federal systems are therefore crucial to establishing sustainable management of resources across scales. The book concludes by discussing how federal systems without sufficient national constitutional authority over resources may be strengthened by adopting the approach of federal constitutions that facilitate more robust national level inputs into natural resources management, facilitating national minimum standards as a form of "Fail-safe Federalism" that subnational governments may supplement with discretion to preserve important values of federalism.

The Federalist Papers

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Author :
Publisher : Read Books Ltd
ISBN 13 : 1528785878
Total Pages : 455 pages
Book Rating : 4.5/5 (287 download)

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Book Synopsis The Federalist Papers by : Alexander Hamilton

Download or read book The Federalist Papers written by Alexander Hamilton and published by Read Books Ltd. This book was released on 2018-08-20 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.

The Law of the Federal and State Constitutions of the United States

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Author :
Publisher :
ISBN 13 :
Total Pages : 482 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis The Law of the Federal and State Constitutions of the United States by : Frederic Jesup Stimson

Download or read book The Law of the Federal and State Constitutions of the United States written by Frederic Jesup Stimson and published by . This book was released on 1908 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Federal and State Constitutions, Colonial Charters, and Other Organic Laws of the United States ...

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Publisher :
ISBN 13 :
Total Pages : 1040 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The Federal and State Constitutions, Colonial Charters, and Other Organic Laws of the United States ... by : Benjamin Perley Poore

Download or read book The Federal and State Constitutions, Colonial Charters, and Other Organic Laws of the United States ... written by Benjamin Perley Poore and published by . This book was released on 1878 with total page 1040 pages. Available in PDF, EPUB and Kindle. Book excerpt: Spans centuries of legal documents from Progatives granted to Christopher Columbus in 1492 to the Constitution of Texas in 1876.

The Endurance of National Constitutions

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Publisher : Cambridge University Press
ISBN 13 : 1139479741
Total Pages : 271 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis The Endurance of National Constitutions by : Zachary Elkins

Download or read book The Endurance of National Constitutions written by Zachary Elkins and published by Cambridge University Press. This book was released on 2009-10-12 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutions are supposed to provide an enduring structure for politics. Yet only half live more than nine years. Why is it that some constitutions endure while others do not? In The Endurance of National Constitutions Zachary Elkins, Tom Ginsburg and James Melton examine the causes of constitutional endurance from an institutional perspective. Supported by an original set of cross-national historical data, theirs is the first comprehensive study of constitutional mortality. They show that whereas constitutions are imperilled by social and political crises, certain aspects of a constitution's design can lower the risk of death substantially. Thus, to the extent that endurance is desirable - a question that the authors also subject to scrutiny - the decisions of founders take on added importance.

The Federal and State Constitutions, Colonial Charters, and Other Organic Laws of the United States

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Author :
Publisher :
ISBN 13 :
Total Pages : 1096 pages
Book Rating : 4.:/5 (31 download)

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Book Synopsis The Federal and State Constitutions, Colonial Charters, and Other Organic Laws of the United States by : Benjamin Perley Poore

Download or read book The Federal and State Constitutions, Colonial Charters, and Other Organic Laws of the United States written by Benjamin Perley Poore and published by . This book was released on 1877 with total page 1096 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Constitutions of the United States

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Author :
Publisher :
ISBN 13 :
Total Pages : 372 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Constitutions of the United States by :

Download or read book The Constitutions of the United States written by and published by . This book was released on 1804 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Federal and State Constitutions

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Author :
Publisher :
ISBN 13 :
Total Pages : 1044 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis The Federal and State Constitutions by : Benjamin Perley Poore

Download or read book The Federal and State Constitutions written by Benjamin Perley Poore and published by . This book was released on 1877 with total page 1044 pages. Available in PDF, EPUB and Kindle. Book excerpt:

America's Unwritten Constitution

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Publisher : Basic Books (AZ)
ISBN 13 : 0465029574
Total Pages : 644 pages
Book Rating : 4.4/5 (65 download)

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Book Synopsis America's Unwritten Constitution by : Akhil Reed Amar

Download or read book America's Unwritten Constitution written by Akhil Reed Amar and published by Basic Books (AZ). This book was released on 2012-09-11 with total page 644 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reading between the lines: America's implicit Constitution -- Heeding the deed: America's enacted Constitution -- Hearing the people: America's lived Constitution -- Confronting modern case law: America's "warrented" Constitution -- Putting precedent in its place: America's doctrinal Constitution -- Honoring the icons: America's symbolic Constitution -- "Remembering the ladies" : America's feminist Constitution -- Following Washington's lead: America's "Georgian" Constitution -- Interpreting government practices: America's institutional Constitution -- Joining the party: America's partisan Constitution -- Doing the right thing: America's conscientious Constitution -- Envisioning the future: America's unfinished Constitution -- Afterward -- Appendix: America's written Constitution.

Our Undemocratic Constitution

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Author :
Publisher : Oxford University Press
ISBN 13 : 0195365577
Total Pages : 260 pages
Book Rating : 4.1/5 (953 download)

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Book Synopsis Our Undemocratic Constitution by : Sanford Levinson

Download or read book Our Undemocratic Constitution written by Sanford Levinson and published by Oxford University Press. This book was released on 2008 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Levinson argues that too many of our Constitution's provisions promote either unjust or ineffective government. Under the existing blueprint, we can neither rid ourselves of incompetent presidents nor assure continuity of government following catastrophic attacks. Less important, perhaps, but certainly problematic, is the appointment of Supreme Court judges for life. Adding insult to injury, the United States Constitution is the most difficult to amend or update of any constitution currently existing in the world today. Democratic debate leaves few stones unturned, but we tend to take our basic constitutional structures for granted. Levinson boldly challenges the American people to undertake a long overdue public discussion on how they might best reform this most hallowed document and construct a constitution adequate to our democratic values. "Admirably gutsy and unfashionable." --Michael Kinsley, The New York Times "Bold, bracingly unromantic, and filled with illuminating insights. He accomplishes an unlikely feat, which is to make a really serious argument for a new constitutional convention, one that is founded squarely on democratic ideals." --Cass R. Sunstein, The New Republic "Everyone who cares about how our government works should read this thoughtful book." --Washington Lawyer

State Constitutions in a Federal System

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Author :
Publisher : Sage Publications (CA)
ISBN 13 :
Total Pages : 216 pages
Book Rating : 4.X/5 (4 download)

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Book Synopsis State Constitutions in a Federal System by : John Kincaid

Download or read book State Constitutions in a Federal System written by John Kincaid and published by Sage Publications (CA). This book was released on 1988 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Book department": pages 140-200. Includes bibliographical references and index.

Looking for Rights in All the Wrong Places

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Publisher : Princeton University Press
ISBN 13 : 069115578X
Total Pages : 250 pages
Book Rating : 4.6/5 (911 download)

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Book Synopsis Looking for Rights in All the Wrong Places by : Emily Zackin

Download or read book Looking for Rights in All the Wrong Places written by Emily Zackin and published by Princeton University Press. This book was released on 2013-04-21 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unlike many national constitutions, which contain explicit positive rights to such things as education, a living wage, and a healthful environment, the U.S. Bill of Rights appears to contain only a long list of prohibitions on government. American constitutional rights, we are often told, protect people only from an overbearing government, but give no explicit guarantees of governmental help. Looking for Rights in All the Wrong Places argues that we have fundamentally misunderstood the American rights tradition. The United States actually has a long history of enshrining positive rights in its constitutional law, but these rights have been overlooked simply because they are not in the federal Constitution. Emily Zackin shows how they instead have been included in America's state constitutions, in large part because state governments, not the federal government, have long been primarily responsible for crafting American social policy. Although state constitutions, seemingly mired in trivial detail, can look like pale imitations of their federal counterpart, they have been sites of serious debate, reflect national concerns, and enshrine choices about fundamental values. Zackin looks in depth at the history of education, labor, and environmental reform, explaining why America's activists targeted state constitutions in their struggles for government protection from the hazards of life under capitalism. Shedding much-needed light on the variety of reasons that activists pursued the creation of new state-level rights, Looking for Rights in All the Wrong Places challenges us to rethink our most basic assumptions about the American constitutional tradition.

Constitutionalism and the Rule of Law

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Publisher : Cambridge University Press
ISBN 13 : 1316883256
Total Pages : 559 pages
Book Rating : 4.3/5 (168 download)

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Book Synopsis Constitutionalism and the Rule of Law by : Maurice Adams

Download or read book Constitutionalism and the Rule of Law written by Maurice Adams and published by Cambridge University Press. This book was released on 2017-02-02 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rule of law and constitutionalist ideals are understood by many, if not most, as necessary to create a just political order. Defying the traditional division between normative and positive theoretical approaches, this book explores how political reality on the one hand, and constitutional ideals on the other, mutually inform and influence each other. Seventeen chapters from leading international scholars cover a diverse range of topics and case studies to test the hypothesis that the best normative theories, including those regarding the role of constitutions, constitutionalism and the rule of law, conceive of the ideal and the real as mutually regulating.

Restoring the Lost Constitution

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Publisher : Princeton University Press
ISBN 13 : 0691159734
Total Pages : 448 pages
Book Rating : 4.6/5 (911 download)

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Book Synopsis Restoring the Lost Constitution by : Randy E. Barnett

Download or read book Restoring the Lost Constitution written by Randy E. Barnett and published by Princeton University Press. This book was released on 2013-11-24 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost. Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a "presumption of liberty" to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people. As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond. This updated edition features an afterword with further reflections on individual popular sovereignty, originalist interpretation, judicial engagement, and the gravitational force that original meaning has exerted on the Supreme Court in several recent cases.

The Law of American State Constitutions

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Author :
Publisher : Oxford University Press
ISBN 13 : 0195343085
Total Pages : 450 pages
Book Rating : 4.1/5 (953 download)

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Book Synopsis The Law of American State Constitutions by : Robert Forrest Williams

Download or read book The Law of American State Constitutions written by Robert Forrest Williams and published by Oxford University Press. This book was released on 2009 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides complete coverage of American State Constitutional Law, contrasting it with the more familiar federal Constitution and explaining the importance of the differences. It surveys the law from before adoption of the federal constitution until the present and studies how it has evolved.

The Unwritten Constitution of the United States

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Author :
Publisher : New York : G.P. Putnam's sons
ISBN 13 :
Total Pages : 192 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The Unwritten Constitution of the United States by : Christopher Gustavus Tiedeman

Download or read book The Unwritten Constitution of the United States written by Christopher Gustavus Tiedeman and published by New York : G.P. Putnam's sons. This book was released on 1890 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt:

State Constitutional Politics

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Author :
Publisher : University of Chicago Press
ISBN 13 : 9780226532783
Total Pages : 0 pages
Book Rating : 4.5/5 (327 download)

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Book Synopsis State Constitutional Politics by : John Dinan

Download or read book State Constitutional Politics written by John Dinan and published by University of Chicago Press. This book was released on 2018-04-06 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the US Constitution came into force in 1789, it has been amended just twenty-seven times, with ten of those amendments coming in the first two years following ratification. By contrast, state constitutions have been completely rewritten on a regular basis, and the current documents have been amended on average 150 times. This is because federal amendments are difficult, so politicians rarely focus on enacting them. Rather, they work to secure favorable congressional statutes or Supreme Court decisions. By contrast, the relative ease of state amendment processes makes them a realistic and regular vehicle for seeking change. With State Constitutional Politics, John Dinan looks at the various occasions in American history when state constitutional amendments have served as instruments of governance. Among other things, amendments have constrained state officials in the way they levy taxes and spend money; enacted policies unattainable through legislation on issues ranging from minimum wage to the regulation of marijuana; and updated understandings of rights, including religious liberty, equal protection, and the right to bear arms. In addition to comprehensively chronicling the ways amendments shape politics in the states, Dinan also assesses the consequences of undertaking changes in governance through amendments rather than legislation or litigation. For various reasons, including the greater stability and legitimacy of changes achieved through the amendment process, he argues that it might be a more desirable way of achieving change.