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Author : William Digby Seymour
Publisher : London : K. Paul, Trench
ISBN 13 :
Total Pages : 210 pages
Book Rating : 4.6/5 (635 download)
Download or read book Home Rule and State Supremacy written by William Digby Seymour and published by London : K. Paul, Trench. This book was released on 1888 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : James T. O'Reilly
Publisher : American Bar Association
ISBN 13 : 9781590317440
Total Pages : 252 pages
Book Rating : 4.3/5 (174 download)
Download or read book Federal Preemption of State and Local Law written by James T. O'Reilly and published by American Bar Association. This book was released on 2006 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preemption is a doctrine of American constitutional law, under which states and local governments are deprived of their power to act in a given area, whether or not the state or local law, rule or action is in direct conflict with federal law. This book covers not only the basics of preemption but also focuses on such topics as federal mechanisms for agency preemption, implied forms of preemption, and defensive use of federal preemption in civil litigation.
Author : Nandita Sharma
Publisher : Duke University Press
ISBN 13 : 147800245X
Total Pages : 189 pages
Book Rating : 4.4/5 (78 download)
Download or read book Home Rule written by Nandita Sharma and published by Duke University Press. This book was released on 2020-02-14 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Home Rule Nandita Sharma traces the historical formation and political separation of Natives and Migrants from the nineteenth century to the present to theorize the portrayal of Migrants as “colonial invaders.” The imperial-state category of Native, initially a mark of colonized status, has been revitalized in what Sharma terms the Postcolonial New World Order of nation-states. Under postcolonial rule, claims to autochthony—being the Native “people of a place”—are mobilized to define true national belonging. Consequently, Migrants—the quintessential “people out of place”—increasingly face exclusion, expulsion, or even extermination. This turn to autochthony has led to a hardening of nationalism(s). Criteria for political membership have shrunk, immigration controls have intensified, all while practices of expropriation and exploitation have expanded. Such politics exemplify the postcolonial politics of national sovereignty, a politics that Sharma sees as containing our dreams of decolonization. Home Rule rejects nationalisms and calls for the dissolution of the ruling categories of Native and Migrant so we can build a common, worldly place where our fundamental liberty to stay and move is realized.
Author : William Digby SEYMOUR
Publisher :
ISBN 13 :
Total Pages : 143 pages
Book Rating : 4.:/5 (53 download)
Download or read book Home Rule and State Supremacy; Or, Nationality Reconciled with Empire: an Essay ... with the Draft of a Bill Further to Amend and Perpetuate the Act of Union, and Provide for the Federal Government of Ireland written by William Digby SEYMOUR and published by . This book was released on 1888 with total page 143 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Alexander Hamilton
Publisher : Read Books Ltd
ISBN 13 : 1528785878
Total Pages : 455 pages
Book Rating : 4.5/5 (287 download)
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.
Author : David Sloss
Publisher : Oxford University Press
ISBN 13 : 0199364028
Total Pages : 473 pages
Book Rating : 4.1/5 (993 download)
Download or read book The Death of Treaty Supremacy written by David Sloss and published by Oxford University Press. This book was released on 2016 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides the first detailed history of the Constitution's treaty supremacy rule. It describes a process of invisible constitutional change. The treaty supremacy rule was a bedrock principle of constitutional law for more than 150 years. It provided that treaties are supreme over state law and that courts have a constitutional duty to apply treaties that conflict with state laws. The rule ensured that state governments did not violate U.S. treaty obligations without authorization from the federal political branches. In 1945, the United States ratified the UN Charter, which obligates nations to promote human rights “for all without distinction as to race.” In 1950, a California court applied the Charter’s human rights provisions along with the traditional supremacy rule to invalidate a state law that discriminated against Japanese nationals. The implications were shocking: the decision implied that the United States had abrogated Jim Crow laws throughout the South by ratifying the UN Charter. Conservatives reacted by lobbying for a constitutional amendment, known as the Bricker Amendment, to abolish the treaty supremacy rule. The amendment never passed, but Bricker's supporters achieved their goals through de facto constitutional change. Before 1945, the treaty supremacy rule was a mandatory constitutional rule that applied to all treaties. The de facto Bricker Amendment converted the rule into an optional rule that applies only to “self-executing” treaties. Under the modern rule, state governments are allowed to violate national treaty obligations — including international human rights obligations — that are embodied in “non-self-executing” treaties.
Author : Dale Krane
Publisher : CQ Press
ISBN 13 :
Total Pages : 524 pages
Book Rating : 4.3/5 (121 download)
Download or read book Home Rule in America written by Dale Krane and published by CQ Press. This book was released on 2001 with total page 524 pages. Available in PDF, EPUB and Kindle. Book excerpt: Home rule powers are essential parts of the American governing process, but they vary widely from state to state. This authoritative reference work examines the powers and functions of municipalities and counties that operate under home rule within each state. For example, the ability of a local municipality to raise taxes, annex land, or impose regulations is determined by their home rule powers from the states. This volume provides a reliable reference work for researchers and students - a single source that readers can trust for information about: The actions that local governments can - and cannot - pursue States where power is centralized at the capital and where it is not How home rule varies within each state by governmental function Trends in important issues such as taxes, land annexation, and citizen access. The editors organized the book in three parts: an overview of American home rule, including its history; a state-by-state description of home rule authority; and a comparative appendix that allows readers a quick reference source of powers by state. A scholar or governmental expert was selected in each state to prepare the state descriptions. Each chapter follows the same outline of content that allows easy comparison between states. In an era of power and responsibilities devolving from the national government to states and localities, the use of home rule powers has become increasingly important to the health of American government and federalism. Researchers and interested citizens will benefit from this comprehensive reference. Home Rule in America was directed by Dale Krane of the department of public administration, University of Nebraska, Omaha; Platon N. Rigos, department of government and international affairs, University of South Florida; and Melvin Hill, the Vinson Institute of Government, University of Georgia.
Author : Glen Krutz
Publisher :
ISBN 13 : 9781738998470
Total Pages : 0 pages
Book Rating : 4.9/5 (984 download)
Download or read book American Government 3e written by Glen Krutz and published by . This book was released on 2023-05-12 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Black & white print. American Government 3e aligns with the topics and objectives of many government courses. Faculty involved in the project have endeavored to make government workings, issues, debates, and impacts meaningful and memorable to students while maintaining the conceptual coverage and rigor inherent in the subject. With this objective in mind, the content of this textbook has been developed and arranged to provide a logical progression from the fundamental principles of institutional design at the founding, to avenues of political participation, to thorough coverage of the political structures that constitute American government. The book builds upon what students have already learned and emphasizes connections between topics as well as between theory and applications. The goal of each section is to enable students not just to recognize concepts, but to work with them in ways that will be useful in later courses, future careers, and as engaged citizens. In order to help students understand the ways that government, society, and individuals interconnect, the revision includes more examples and details regarding the lived experiences of diverse groups and communities within the United States. The authors and reviewers sought to strike a balance between confronting the negative and harmful elements of American government, history, and current events, while demonstrating progress in overcoming them. In doing so, the approach seeks to provide instructors with ample opportunities to open discussions, extend and update concepts, and drive deeper engagement.
Author :
Publisher :
ISBN 13 :
Total Pages : 484 pages
Book Rating : 4.3/5 (555 download)
Download or read book The American City & County written by and published by . This book was released on 1992 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :
Publisher :
ISBN 13 :
Total Pages : 810 pages
Book Rating : 4.3/5 (91 download)
Download or read book State of Wisconsin Blue Book written by and published by . This book was released on 1893 with total page 810 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : John Forrest Dillon
Publisher :
ISBN 13 :
Total Pages : 546 pages
Book Rating : 4.F/5 ( download)
Download or read book The Law of Municipal Corporations written by John Forrest Dillon and published by . This book was released on 1873 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of Municipal Corporations by John Dillon Forrest, first published in 1873, is a rare manuscript, the original residing in one of the great libraries of the world. This book is a reproduction of that original, which has been scanned and cleaned by state-of-the-art publishing tools for better readability and enhanced appreciation. Restoration Editors' mission is to bring long out of print manuscripts back to life. Some smudges, annotations or unclear text may still exist, due to permanent damage to the original work. We believe the literary significance of the text justifies offering this reproduction, allowing a new generation to appreciate it.
Author : Grant Christensen
Publisher : Cambridge University Press
ISBN 13 : 1108488536
Total Pages : 451 pages
Book Rating : 4.1/5 (84 download)
Download or read book Reading American Indian Law written by Grant Christensen and published by Cambridge University Press. This book was released on 2019-12-12 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: Approaches the study of Indian law through the lens of 16 of the most impactful law review articles.
Author : Barry Ross Lawrence
Publisher :
ISBN 13 :
Total Pages : 172 pages
Book Rating : 4.:/5 (899 download)
Download or read book State Sovereignty Versus Local Government Administrative Home Rule Powers written by Barry Ross Lawrence and published by . This book was released on 1982 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Cass R. Sunstein
Publisher : Harvard University Press
ISBN 13 : 0674247531
Total Pages : 209 pages
Book Rating : 4.6/5 (742 download)
Download or read book Law and Leviathan written by Cass R. Sunstein and published by Harvard University Press. This book was released on 2020-09-15 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: From two legal luminaries, a highly original framework for restoring confidence in a government bureaucracy increasingly derided as “the deep state.” Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? Intolerable? American public law has long been riven by a persistent, serious conflict, a kind of low-grade cold war, over these questions. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed, as long as public officials are constrained by what they call the morality of administrative law. Law and Leviathan elaborates a number of principles that underlie this moral regime. Officials who respect that morality never fail to make rules in the first place. They ensure transparency, so that people are made aware of the rules with which they must comply. They never abuse retroactivity, so that people can rely on current rules, which are not under constant threat of change. They make rules that are understandable and avoid issuing rules that contradict each other. These principles may seem simple, but they have a great deal of power. Already, without explicit enunciation, they limit the activities of administrative agencies every day. But we can aspire for better. In more robust form, these principles could address many of the concerns that have critics of the administrative state mourning what they see as the demise of the rule of law. The bureaucratic Leviathan may be an inescapable reality of complex modern democracies, but Sunstein and Vermeule show how we can at last make peace between those who accept its necessity and those who yearn for its downfall.
Author : Randy E. Barnett
Publisher : Princeton University Press
ISBN 13 : 0691159734
Total Pages : 448 pages
Book Rating : 4.6/5 (911 download)
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.
Author : Gordon L. Clark
Publisher : University of Chicago Press
ISBN 13 : 9780226107530
Total Pages : 276 pages
Book Rating : 4.1/5 (75 download)
Download or read book Judges and the Cities written by Gordon L. Clark and published by University of Chicago Press. This book was released on 1985 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this remarkable inquiry into the bases of social theory, Gordon L. Clark argues that the heterogeneous nature of our society, with its pluralism of values, causes the rules of social conduct to be constantly made and remade. Examining the role of the courts in structuring and achieving social discourse, he contends that legal doctrine is no different from other social theories: judicial interpretations are constructed out of specific circumstances and conflicting values, not deduced from neutral and logical principles. There is, he asserts, no final arbiter somehow unaffected by our controversies and schisms. As concrete examples, Clark analyzes four court disputes in depth, showing that the concept of local autonomy has very different meanings and implications in each of them. These cases—Boston's defense of resident-preference hiring policies, conflict over urban land-use zoning in Toronto, a Chicago's suburb's fight against a sewage treatment plant, and the evolution of the City of Denver's power since 1900—demonstrate that legal reasoning is not impervious to other kinds of reasoning, and the solutions provided by the courts are not unique. To ground his explorations, Clark investigates both liberalism and structuralism, showing that both are inadequate bases for determining social policy. He mounts provocative critiques of the works of de Tocqueville, Nozick, Tiebout, and Posner on the one hand and Castells and Poulantzas on the other. This ambitious and important work will command the interest of geographers, political scientists, economists, sociologists, and legal scholars.
Author : A.V. Dicey
Publisher : Springer
ISBN 13 : 134917968X
Total Pages : 729 pages
Book Rating : 4.3/5 (491 download)
Download or read book An Introduction to the Study of the Law of the Constitution written by A.V. Dicey and published by Springer. This book was released on 1985-09-30 with total page 729 pages. Available in PDF, EPUB and Kindle. Book excerpt: A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.
