The Fourth Branch

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Publisher : University Press of Kansas
ISBN 13 : 0700632077
Total Pages : 292 pages
Book Rating : 4.7/5 (6 download)

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Book Synopsis The Fourth Branch by : Brian J. Cook

Download or read book The Fourth Branch written by Brian J. Cook and published by University Press of Kansas. This book was released on 2021-04-21 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Fourth Branch: Reconstructing the Administrative State for the Commercial Republic Brian J. Cook confronts head-on the accumulating derangements in the American constitutional system and how the administrative state has contributed to the problems, how it has been a key force in addressing the troubles, and how it can be reformed to serve the system better. The Fourth Branch is anchored in a powerful theory of regime design that guides a freshly comprehensive account of the historical development of successive political economies and administrative states in the United States and provides the normative grounding for more far-reaching constitutional change. Cook calls for a decisive, pattern-breaking response in the form of a constitutional redesign to accommodate a fourth branch, an administrative branch. The Fourth Branch shows that the creation of a fourth administrative branch is consistent with the history and traditions of American constitutionalism. Far more than that, however, the addition of a fourth branch could enhance American constitutionalism by making the separation of powers work better, increasing the likelihood that deliberative lawmaking will occur, strengthening civic capacity and public engagement in governance, and improving both accountability and coordination in the administrative state. By stressing that the administrative state in its current form is both biased toward business and seriously undermined by subordination to the three constitutional branches, Cook contends that neither abandoning the administrative state nor more deeply constitutionalizing or democratizing it within the existing constitutional structure is sufficient to fully legitimate and capitalize on administrative power to serve the public interest. Rather, Cook argues that it is imperative to confront the reality that a fundamental reordering of constitutional arrangements is necessary if the American commercial republic is to recover from its growing disorder and progress further toward its aspirations of liberal justice and limited but vigorous self-rule.

The New Fourth Branch

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Publisher : Cambridge University Press
ISBN 13 : 1009058312
Total Pages : 197 pages
Book Rating : 4.0/5 (9 download)

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Book Synopsis The New Fourth Branch by : Mark Tushnet

Download or read book The New Fourth Branch written by Mark Tushnet and published by Cambridge University Press. This book was released on 2021-08-31 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: Twenty-first-century constitutions now typically include a new 'fourth branch' of government, a group of institutions charged with protecting constitutional democracy, including electoral management bodies, anticorruption agencies, and ombuds offices. This book offers the first general theory of the fourth branch; in a world where governance is exercised through political parties, we cannot be confident that the traditional three branches are enough to preserve constitutional democracy. The fourth branch institutions can, by concentrating within themselves distinctive forms of expertise, deploy that expertise more effectively than the traditional branches are capable of doing. However, several case studies of anticorruption efforts, electoral management bodies, and audit bureaus show that the fourth branch institutions do not always succeed in protecting constitutional democracy, and indeed sometimes undermine it. The book concludes with some cautionary notes about placing too much hope in these – or, indeed, in any – institutions as the guarantors of constitutional democracy.

The Fourth Branch of Government

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Publisher :
ISBN 13 : 9781939930743
Total Pages : 178 pages
Book Rating : 4.9/5 (37 download)

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Book Synopsis The Fourth Branch of Government by : Jack Trammell

Download or read book The Fourth Branch of Government written by Jack Trammell and published by . This book was released on 2016-07-08 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the explosion of social media and the Internet, practically everyone in America has instant access to the news and a greater ability to follow what is happening anywhere. As a result, we are a culture and a nation that is bombarded with information. However, we are coping poorly with that assault and using an outdated framework for our governance. Many people feel disconnected from the very mechanisms and people who are supposed to represent their interests.'The Fourth Branch of Government' is about updating the framework of our democracy. It is a movement whose time has come, and one that the Founding Fathers envisioned. This book outlines a roadmap for how change can be facilitated, as well as a rationale for why it is absolutely necessary and urgent. The only way to update our democracy and make it relevant to the 21st century is to call for a Constitutional Convention. In that forum, we can consider changes like eliminating the Electoral College, or implementing e-voting--perhaps even changes leading to a broader and more direct participation in our governance, the Fourth Branch of Government.

Oregon Blue Book

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Publisher :
ISBN 13 :
Total Pages : 196 pages
Book Rating : 4.:/5 (319 download)

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Book Synopsis Oregon Blue Book by : Oregon. Office of the Secretary of State

Download or read book Oregon Blue Book written by Oregon. Office of the Secretary of State and published by . This book was released on 1915 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Politics, Policy, and Organizations

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Publisher : University of Michigan Press
ISBN 13 : 9780472024049
Total Pages : 368 pages
Book Rating : 4.0/5 (24 download)

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Book Synopsis Politics, Policy, and Organizations by : George A. Krause

Download or read book Politics, Policy, and Organizations written by George A. Krause and published by University of Michigan Press. This book was released on 2009-12-14 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This groundbreaking work provides a new and more accurate guide to the interactions of bureaucracies with other political institutions and the public at large."--Jacket.

Deliberative Democracy in America

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Publisher : Penn State Press
ISBN 13 : 9780271045290
Total Pages : 188 pages
Book Rating : 4.0/5 (452 download)

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Book Synopsis Deliberative Democracy in America by : Ethan J. Leib

Download or read book Deliberative Democracy in America written by Ethan J. Leib and published by Penn State Press. This book was released on 2010-11-01 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: We are taught in civics class that the Constitution provides for three basic branches of government: executive, judicial, and legislative. While the President and Congress as elected by popular vote are representative, can they really reflect accurately the will and sentiment of the populace? Or do money and power dominate everyday politics to the detriment of true self-governance? Is there a way to put &"We the people&" back into government? Ethan Leib thinks there is and offers this blueprint for a fourth branch of government as a way of giving the people a voice of their own. While drawing on the rich theoretical literature about deliberative democracy, Leib concentrates on designing an institutional scheme for embedding deliberation in the practice of American democratic government. At the heart of his scheme is a process for the adjudication of issues of public policy by assemblies of randomly selected citizens convened to debate and vote on the issues, resulting in the enactment of laws subject both to judicial review and to possible veto by the executive and legislative branches. The &"popular&" branch would fulfill a purpose similar to the ballot initiative and referendum but avoid the shortcomings associated with those forms of direct democracy. Leib takes special pains to show how this new branch would be integrated with the already existing governmental and political institutions of our society, including administrative agencies and political parties, and would thus complement rather than supplant them.

Constitutionalism in Context

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Publisher :
ISBN 13 : 110842709X
Total Pages : 611 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Constitutionalism in Context by : David S. Law

Download or read book Constitutionalism in Context written by David S. Law and published by . This book was released on 2022-02-17 with total page 611 pages. Available in PDF, EPUB and Kindle. Book excerpt: A broad-ranging, interdisciplinary, and context-rich exploration of the fields of constitutional studies and comparative constitutional law for research and teaching.

Comparative Constitutional Law

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Publisher : Edward Elgar Publishing
ISBN 13 : 0857931210
Total Pages : 681 pages
Book Rating : 4.8/5 (579 download)

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Book Synopsis Comparative Constitutional Law by : Tom Ginsburg

Download or read book Comparative Constitutional Law written by Tom Ginsburg and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 681 pages. Available in PDF, EPUB and Kindle. Book excerpt: This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.

Model Rules of Professional Conduct

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Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Unelected Power

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Publisher : Princeton University Press
ISBN 13 : 0691196303
Total Pages : 662 pages
Book Rating : 4.6/5 (911 download)

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Book Synopsis Unelected Power by : Paul Tucker

Download or read book Unelected Power written by Paul Tucker and published by Princeton University Press. This book was released on 2019-09-10 with total page 662 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tucker presents guiding principles for ensuring that central bankers and other unelected policymakers remain stewards of the common good.

Undemocratic

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Publisher : Simon and Schuster
ISBN 13 : 1476795681
Total Pages : 336 pages
Book Rating : 4.4/5 (767 download)

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Book Synopsis Undemocratic by : Jay Sekulow

Download or read book Undemocratic written by Jay Sekulow and published by Simon and Schuster. This book was released on 2015-05-19 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jay Sekulow—one of America’s most influential attorneys—explores a post Obama landscape where bureaucracy has taken over our government and provides a practical roadmap to help take back our personal liberties. Jay Sekulow is on a mission to defend Americans’ freedom. The fact is that freedom is under attack like never before. The threat comes from the fourth branch of government—the biggest branch—and the only branch not in the Constitution: the federal bureaucracy. The bureaucracy imposes thousands of new laws every year, without a single vote from Congress. The bureaucracy violates the rights of Americans without accountability—persecuting adoptive parents, denying veterans quality healthcare, discriminating against conservatives and Christians for partisan purposes, and damaging our economy with job-killing rules. Americans are bullied by the very institutions established to protect their right to life, liberty, and the pursuit of happiness. Our nation’s bureaucrats are on an undemocratic power trip. But Sekulow has a plan to fight back. We can resist illegal abuse, we can reform a broken system, and we can restore American democracy. This book won’t just tell you how to win, it will show you real victories achieved by Sekulow and the American Center for Law and Justice. Unless we can roll back the fourth branch of govern­ment—the most dangerous branch—our elections will no longer matter. Undemocratic is a wake-up call, a call made at just the right time—before it’s too late to save the democracy we love.

The Broken Branch

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Publisher : Oxford University Press
ISBN 13 : 0195368711
Total Pages : 289 pages
Book Rating : 4.1/5 (953 download)

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Book Synopsis The Broken Branch by : Thomas E. Mann

Download or read book The Broken Branch written by Thomas E. Mann and published by Oxford University Press. This book was released on 2008 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two nationally renowned congressional scholars review the evolution of Congress from the early days of the republic to 2006, arguing that extreme partisanship and a disregard for institutional procedures are responsible for the institution's current state

The Judicial Branch

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Publisher : Oxford University Press
ISBN 13 : 0199883742
Total Pages : 611 pages
Book Rating : 4.1/5 (998 download)

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Book Synopsis The Judicial Branch by : Kermit L. Hall

Download or read book The Judicial Branch written by Kermit L. Hall and published by Oxford University Press. This book was released on 2005-10-27 with total page 611 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years the Supreme Court has been at the center of such political issues as abortion rights, the administration of police procedures, and the determination of the 2000 presidential election. The checks and balances provided by the three branches of federal government are essential to nurturing and maintaining American democracy. With the guidance of coeditors Kermit L. Hall and Kevin T. McGuire, this volume of essays examines the role of the Judicial Branch in American democracy and the dynamic between the other branches of government, compares international models, and discusses possible measures for reform. The Judicial Branch considers the impact of courts on American life and addresses such central questions as: Is the Supreme Court an institution of social justice? Is there a case for judicially created and protected social rights? Have the courts become sovereign when interpreting the Constitution? Essays examine topics that include the judiciary in the founding of the nation; turning points in the history of the American judicial system; the separation of powers between the other branches of government; how the Supreme Court resolves political conflicts through legal means; what Americans know about the judiciary and its functions; and whether the American scheme of courts is the best way to support democracy.

Is Administrative Law Unlawful?

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Publisher : University of Chicago Press
ISBN 13 : 022611645X
Total Pages : 646 pages
Book Rating : 4.2/5 (261 download)

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Book Synopsis Is Administrative Law Unlawful? by : Philip Hamburger

Download or read book Is Administrative Law Unlawful? written by Philip Hamburger and published by University of Chicago Press. This book was released on 2014-05-27 with total page 646 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Hamburger argues persuasively that America has overlaid its constitutional system with a form of governance that is both alien and dangerous.” —Law and Politics Book Review While the federal government traditionally could constrain liberty only through acts of Congress and the courts, the executive branch has increasingly come to control Americans through its own administrative rules and adjudication, thus raising disturbing questions about the effect of this sort of state power on American government and society. With Is Administrative Law Unlawful?, Philip Hamburger answers this question in the affirmative, offering a revisionist account of administrative law. Rather than accepting it as a novel power necessitated by modern society, he locates its origins in the medieval and early modern English tradition of royal prerogative. Then he traces resistance to administrative law from the Middle Ages to the present. Medieval parliaments periodically tried to confine the Crown to governing through regular law, but the most effective response was the seventeenth-century development of English constitutional law, which concluded that the government could rule only through the law of the land and the courts, not through administrative edicts. Although the US Constitution pursued this conclusion even more vigorously, administrative power reemerged in the Progressive and New Deal Eras. Since then, Hamburger argues, administrative law has returned American government and society to precisely the sort of consolidated or absolute power that the US Constitution—and constitutions in general—were designed to prevent. With a clear yet many-layered argument that draws on history, law, and legal thought, Is Administrative Law Unlawful? reveals administrative law to be not a benign, natural outgrowth of contemporary government but a pernicious—and profoundly unlawful—return to dangerous pre-constitutional absolutism.

Governing with the News

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Publisher : University of Chicago Press
ISBN 13 : 9780226115009
Total Pages : 308 pages
Book Rating : 4.1/5 (15 download)

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Book Synopsis Governing with the News by : Timothy E. Cook

Download or read book Governing with the News written by Timothy E. Cook and published by University of Chicago Press. This book was released on 1998-02-17 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the opening decades of the republic when political parties sponsored newspapers to current governmental practices that actively subsidize the collection and dissemination of the news, the press and the government have been far from independent. Unlike those earlier days, however, the news is no longer produced by a diverse range of individual outlets but is instead the result of a collective institution that exercises collective power. In explaining how the news media of today operate as an intermediary political institution, akin to the party system and interest group system, Cook demonstrates how the differing media strategies used by governmental agencies and branches respond to the constitutional and structural weaknesses inherent in a separation-of-powers system. Cook examines the news media's capacity to perform the political tasks that they have inherited and points the way to a debate on policy solutions in order to hold the news media accountable without treading upon the freedom of the press.

Government and Politics of the United States

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Publisher : Palgrave MacMillan
ISBN 13 : 9780333694862
Total Pages : 473 pages
Book Rating : 4.6/5 (948 download)

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Book Synopsis Government and Politics of the United States by : Nigel Bowles

Download or read book Government and Politics of the United States written by Nigel Bowles and published by Palgrave MacMillan. This book was released on 1998 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: Revised and updated with a new chapter on urban politics and full coverage of the Clinton administration, Government and Politics of the United States provides a broad-ranging, systematic and sophisticated introduction to the contemporary institutions and processes of government in the USA set in a clear historical context.

Politics and the Bureaucracy

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Publisher : Wadsworth Publishing Company
ISBN 13 : 9780155055230
Total Pages : 0 pages
Book Rating : 4.0/5 (552 download)

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Book Synopsis Politics and the Bureaucracy by : Kenneth J. Meier

Download or read book Politics and the Bureaucracy written by Kenneth J. Meier and published by Wadsworth Publishing Company. This book was released on 2000 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This best-selling textbook is unique because of its focus on the political side of bureaucracy. Designed to present bureaucracy as a political institution, this book provides coverage of the controls on bureaucracy and how bureaucracy makes policy.