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The Bricker Amendment Controversy
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Book Synopsis The Bricker Amendment Controversy by : Duane Tananbaum
Download or read book The Bricker Amendment Controversy written by Duane Tananbaum and published by . This book was released on 1988 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work analyzes the role played by President Dwight Eisenhower in the defeat of a constitutional amendment proposed by Senator John Bricker which sought to restrict American involvement with the United Nations, restrict presidential power, and prevent the federal government from using international agreeements to enlarge its jusrisdiction.
Book Synopsis The Bricker Amendment Controversy by : Duane Tananbaum
Download or read book The Bricker Amendment Controversy written by Duane Tananbaum and published by . This book was released on with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work analyzes the role played by President Dwight Eisenhower in the defeat of a constitutional amendment proposed by Senator John Bricker which sought to restrict American involvement with the United Nations, restrict presidential power, and prevent the federal government from using international agreeements to enlarge its jusrisdiction.
Book Synopsis The Death of Treaty Supremacy by : David Sloss
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.
Book Synopsis A Most Uncertain Crusade by : Rowland Brucken
Download or read book A Most Uncertain Crusade written by Rowland Brucken and published by Cornell University Press. This book was released on 2013-12-01 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Most Uncertain Crusade traces and analyzes the emergence of human rights as both an international concern and as a controversial domestic issue for US policy makers during and after World War II. Rowland Brucken focuses on officials in the State Department, at the United Nations, and within certain domestic non-governmental organizations, and explains why, after issuing wartime declarations that called for the definition and enforcement of international human rights standards, the US government refused to ratify the first UN treaties that fulfilled those twin purposes. The Truman and Eisenhower administrations worked to weaken the scope and enforcement mechanisms of early human rights agreements, and gradually withdrew support for Senate ratification. A small but influential group of isolationist–oriented senators, led by John Bricker (R-OH), warned that the treaties would bring about socialism, destroy white supremacy, and eviscerate the Bill of Rights. At the UN, a growing bloc of developing nations demanded the inclusion of economic guarantees, support for decolonization, and strong enforcement measures, all of which Washington opposed. Prior to World War II, international law considered the protection of individual rights to fall largely under the jurisdiction of national governments. Alarmed by fascist tyranny and guided by a Wilsonian vision of global cooperation in pursuit of human rights, President Roosevelt issued the Four Freedoms and the Atlantic Charter. Behind the scenes, the State Department planners carefully considered how an international organization could best protect those guarantees. Their work paid off at the 1945 San Francisco Conference, which vested the UN with an unprecedented opportunity to define and protect the human rights of individuals. After two years of negotiations, the UN General Assembly unanimously approved its first human rights treaty, the Genocide Convention. The UN Commission on Human Rights (UNCHR), led by Eleanor Roosevelt, drafted the nonbinding Universal Declaration of Human Rights in 1948. Subsequent efforts to craft an enforceable covenant of individual rights, though, bogged down quickly. A deadlock occurred as western nations, communist states, and developing countries disagreed on the inclusion of economic and social guarantees, the right of self-determination, and plans for implementation. Meanwhile, a coalition of groups within the United States doubted the wisdom of American accession to any human rights treaties. Led by the American Bar Association and Senator Bricker, opponents proclaimed that ratification would lead to a U.N. led tyrannical world socialistic government. The backlash caused President Eisenhower to withdraw from the covenant drafting process. Brucken shows how the American human rights policy had come full circle: Eisenhower, like Roosevelt, issued statements that merely celebrated western values of freedom and democracy, criticized human rights records of other countries while at the same time postponed efforts to have the UN codify and enforce a list of binding rights due in part to America's own human rights violations.
Book Synopsis Explicit and Authentic Acts by : David E. Kyvig
Download or read book Explicit and Authentic Acts written by David E. Kyvig and published by . This book was released on 1996 with total page 632 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book could not be more timely. Kyvig provides a rich and comprehensive history of the politics and operation of the amending process. It deserves the attention of not only historians, political scientists, and legal scholars, but also those concerned with public affairs". -- david M. O'Brien, author of Storm Center: The Supreme Court in American Politics. "A lively challenge to traditional views". -- William Leuchtenburg, author of The Supreme Court Reborn.
Book Synopsis The Death of Treaty Supremacy by : David L. Sloss
Download or read book The Death of Treaty Supremacy written by David L. Sloss and published by Oxford University Press. This book was released on 2016-09-20 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 traditional supremacy rule provided that all treaties supersede conflicting state laws; it precluded state governments from violating U.S. treaty obligations. Before 1945, treaty supremacy and self-execution were independent doctrines. Supremacy governed the relationship between treaties and state law. Self-execution governed the division of power over treaty implementation between Congress and the President. In 1945, the U.S. 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 and the traditional treaty supremacy rule to invalidate a state law that discriminated against Japanese nationals. The implications were shocking: the decision implied that the United States had effectively abrogated Jim Crow laws throughout the South by ratifying the UN Charter. In response, conservatives mobilized support 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. The de facto Bricker Amendment created a novel exception to the treaty supremacy rule for non-self-executing (NSE) treaties. The exception permits state governments to violate NSE treaties without authorization from the federal political branches. The death of treaty supremacy has significant implications for U.S. foreign policy and for U.S. compliance with its treaty obligations.
Book Synopsis How Failed Attempts to Amend the Constitution Mobilize Political Change by : Roger C. Hartley
Download or read book How Failed Attempts to Amend the Constitution Mobilize Political Change written by Roger C. Hartley and published by Vanderbilt University Press. This book was released on 2021-04-30 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the Constitution's ratification, members of Congress, following Article V, have proposed approximately twelve thousand amendments, and states have filed several hundred petitions with Congress for the convening of a constitutional convention. Only twenty-seven amendments have been approved in 225 years. Why do members of Congress continue to introduce amendments at a pace of almost two hundred a year? This book is a demonstration of how social reformers and politicians have used the amendment process to achieve favorable political results even as their proposed amendments have failed to be adopted. For example, the ERA "failed" in the sense that it was never ratified, but the mobilization to ratify the ERA helped build the feminist movement (and also sparked a countermobilization). Similarly, the Supreme Court's ban on compulsory school prayer led to a barrage of proposed amendments to reverse the Court. They failed to achieve the requisite two-thirds support from Congress, but nevertheless had an impact on the political landscape. The definition of the relationship between Congress and the President in the conduct of foreign policy can also be traced directly to failed efforts to amend the Constitution during the Cold War. Roger Hartley examines familiar examples like the ERA, balanced budget amendment proposals, and pro-life attempts to overturn Roe v. Wade, but also takes the reader on a three-century tour of lesser-known amendments. He explains how often the mere threat of calling a constitutional convention (at which anything could happen) effected political change.
Book Synopsis The Kiss of Judice: the Constitution Betrayed by : Judge Douglass H. Bartley
Download or read book The Kiss of Judice: the Constitution Betrayed written by Judge Douglass H. Bartley and published by Judge Douglass H. Bartley. This book was released on 2012-11 with total page 699 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work is the third of a four-volume treatise. In seven sections, it covers: The General Welfare Clause: Mutation of Restraint into Plenary Power-Federal Commerce Power: Leviathan's Dragnet-Necessary And Proper: Any Expedient Will Do-Delegation Run Riot: Exorcism Of Separation Of Powers And Ordination Of Presidential Lawmaking-Rambo Power Rampant-The 14th Amendment Amended: Voodoo Jurisdiction-R.I.P. FederalismThe volume is styled, The Kiss of Judice: The Constitution Betrayed-A Coroner's Inquest and Report. 'Judice', Latin, a pun, means 'pertaining to judges'; thus denoting the judicial, Judas-like betrayal of the Constitution. 'Coroner's Inquest' denotes that the work is a study into the death of the Constitution. Your author is the Coroner. He proceeds in the Inquest with the aid of his Coroner's Jury: Jefferson, Madison, Hamilton, Story, Locke, and Blackstone. The work in this volume is a dialogue between the Coroner and his jury on the various parts of the Constitution covered. The jury members answer the Coroner's questions, for the most part in their own words, drawn from a variety of their written works. Occasionally the Coroner puts words in their mouths; those 'inventions' are shown in brackets in the jurors' answers. The work is novel, because, to the author's knowledge, it is the only 'Constitutional Law' textbook that collects the wisdom of the framers as the Constitution's only authoritative sources; it does not, as most Constitutional Law texts do, emphasize court cases as constitutional authority, for more often than not, the courts have only warped the Constitution. In a broader sense, though, the work is not novel, for it's only an arrangement of the work already done by the jurors. The author is pleased to say that the work, by and large, is not original thought. Its beauty is that it only revives long-forgotten constitutional 'discoveries' as set in the words of the main jurors and some others within 'interviewed'. Note to purchasers: For updates to the manuscript, check "Pastoral Republican" @ http://douglassbartley.wordpress.com/
Book Synopsis The Framing of the Fourteenth Amendment by : Joseph Bliss James
Download or read book The Framing of the Fourteenth Amendment written by Joseph Bliss James and published by . This book was released on 1965 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Encyclopedia of Constitutional Amendments, Proposed Amendments, and Amending Issues, 1789–2015 [2 volumes] by : John R. Vile
Download or read book Encyclopedia of Constitutional Amendments, Proposed Amendments, and Amending Issues, 1789–2015 [2 volumes] written by John R. Vile and published by Bloomsbury Publishing USA. This book was released on 2015-07-20 with total page 941 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in its fourth edition and completely updated, this is the most comprehensive book on constitutional amendments and proposed amendments available. Although only 27 amendments have ever been added to the U.S. Constitution, the last one having been ratified in 1992, throughout American history, members of Congress have introduced more than 11,000 amendments, and countless individuals outside of Congress have advanced their own proposals to revise the Constitution—the wellspring of America's legal, political, and cultural foundations. At a time when calls for a new constitutional convention are on the rise, it is essential for students of political science and history as well as American citizens to understand proposed alternatives. This updated edition of the established standard for high school and college libraries as well as public and law libraries serves as the go-to reference for learning about existing constitutional amendments, proposed amendments, and the issues related to them. An alphabetically arranged two-volume set, it contains more than 500 entries that discuss amendments that have been proposed in Congress from 1789 to the present. It also discusses prominent proposals for extensive constitutional changes introduced outside Congress as well as discussions of major amending issues.
Book Synopsis Herbert H. Lehman by : Duane Tananbaum
Download or read book Herbert H. Lehman written by Duane Tananbaum and published by State University of New York Press. This book was released on 2016-12-20 with total page 986 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new biography of Herbert Lehman—the first in a half century—fills the void left by historians and political scientists who have neglected one of the truly great liberal icons of the mid-twentieth century. Based on extensive research in archival sources, Herbert H. Lehman restores this four-term Governor of New York, US Senator, national and international humanitarian, and political reformer to his rightful place among the pantheon of liberal heroes of his era. By focusing on Lehman's interactions with Al Smith, Franklin Roosevelt, Harry Truman, Lyndon Johnson, and John Kennedy, Duane Tananbaum shows how Lehman succeeded politically despite his refusal to compromise with his conscience. In his thirty-five years of public service, Herbert Lehman fought the Republicans in the State Legislature to provide economic security for New Yorkers during the Great Depression, and he battled the bureaucrats in the Roosevelt and Truman administrations and the United Nations Relief and Rehabilitation Administration to feed the starving people in Europe and Asia during and after World War II. His efforts on behalf of "the welfare state," civil rights legislation, and immigration reform helped keep the liberal agenda alive until Congress, and the nation, were ready to enact it into law as part of Lyndon Johnson's Great Society in 1964–1965.
Book Synopsis Foreign Relations of the United States by : United States. Department of State
Download or read book Foreign Relations of the United States written by United States. Department of State and published by . This book was released on 1952 with total page 1104 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Treaties and Executive Agreements by : United States. Congress. Senate. Committee on the Judiciary
Download or read book Treaties and Executive Agreements written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 1953 with total page 1288 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Foreign Relations Law by : Curtis A. Bradley
Download or read book Foreign Relations Law written by Curtis A. Bradley and published by Aspen Publishing. This book was released on 2020-02-02 with total page 1892 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. A leading casebook on foreign relations law, authored by widely cited scholars who also have pertinent government experience, Foreign Relations Law: Cases and Materials, Seventh Edition, examines the law that regulates how the United States interacts with other nations and with international institutions, and how it applies international law within its legal system. The book offers a compelling mix of cases, statutes, and executive branch materials, as well as extensive notes and questions and discussion of relevant historical background. New to the Seventh Edition: Addition of a third author, Ashley Deeks, a scholar with government experience as well as significant expertise in national security law, the laws of war, and intelligence gathering New excerpt of and extensive notes on the Supreme Court’s 2018 “travel ban” decision, Trump v. Hawaii Coverage of the Supreme Court’s 2018 Alien Tort Statute decision, Jesner v. Arab Bank Extensive discussion of recent treaty terminations by the Trump administration Discussion of the ongoing litigation concerning “sanctuary jurisdictions” in some states and localities Notes and questions on recent war powers developments, including on the use of force against the Islamic State and in Syria Updated notes and questions throughout the book to take account of recent cases, statutes, executive branch actions, and scholarship Professors and students will benefit from: Clear and logical progression of the materials, starting with the powers of government institutions and then proceeding to specific substantive topics Coverage of both cutting-edge legal developments and relevant historical background Integration of leading scholarship into the notes and questions rather than in long excerpts of secondary materials Balanced presentation of controversial topics, with probing questions to consider in class discussions Combination of theoretical analysis with practical insights from real-world examples
Book Synopsis Encyclopedia of the American Presidency, Fourth Edition by : Michael Genovese
Download or read book Encyclopedia of the American Presidency, Fourth Edition written by Michael Genovese and published by Infobase Holdings, Inc. This book was released on 2021-04-01 with total page 954 pages. Available in PDF, EPUB and Kindle. Book excerpt: Praise for the first edition: "An altogether excellent introduction to the study of the presidency of the United States..."-Library Journal "...entries are well written...an excellent addition."-American Reference Books Annual "...an excellent resource...recommended..."-Booklist "Highly recommended."-Choice The most up-to-date reference of its kind, Encyclopedia of the American Presidency, Fourth Edition is the definitive guide to the role of the president from the American Revolution through the present day. Offering a complete account of the presidency in U.S. history, this A-to-Z encyclopedia will make a great first stop for students and general readers looking for information on the executive branch of the American government. Its comprehensive scope spans the relationship between the executive and the other branches of government, court cases, elections, political opponents, scandals, and more. A valuable resource that provides concise information, Encyclopedia of the American Presidency, Fourth Edition contains more than 750 entries. Entries include: Bully pulpit Commander in chief Economic policy Executive privilege Kamala Harris Impeachment Iraq War Thomas Jefferson Middle East Military tribunals New Deal Oval Office Franklin D. Roosevelt Situation room Donald Trump Veto power War powers Watergate White House and more.
Book Synopsis Hearings by : United States. Congress Senate
Download or read book Hearings written by United States. Congress Senate and published by . This book was released on 1957 with total page 2468 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Landmark Briefs and Arguments of the Supreme Court of the United States by : United States. Supreme Court
Download or read book Landmark Briefs and Arguments of the Supreme Court of the United States written by United States. Supreme Court and published by . This book was released on 2014 with total page 1032 pages. Available in PDF, EPUB and Kindle. Book excerpt:
![Download Encyclopedia of Constitutional Amendments, Proposed Amendments, and Amending Issues, 1789–2015 [2 volumes] PDF Online Free](https://books.google.com/books/content/images/frontcover/KkXPEAAAQBAJ?fife=w200-h370)
