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Political Obligation and the US Supreme Court 1

George Klosko

in Political Obligations

Published in print:
2005
Published Online:
April 2005
ISBN:
9780199256204
eISBN:
9780191602351
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199256209.003.0007
Subject:
Political Science, Political Theory

This and the following chapters explore the ‘self-image of the state’ in regard to political obligations through analysis of judicial decisions. Examining the reasons that states themselves provide ... More


Federalism and Subsidiarity: Perspectives from U.S. Constitutional Law

Steven G. Calabresi and Lucy D. Bickford

in Federalism and Subsidiarity: NOMOS LV

Published in print:
2014
Published Online:
March 2016
ISBN:
9781479868858
eISBN:
9781479821303
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479868858.003.0005
Subject:
Political Science, Political Theory

This chapter examines the relationship between federalism and subsidiarity within the context of U.S. constitutional law. It begins with an overview of the Economics of Federalism and of subsidiarity ... More


Federalism(s)’ Forms and Norms: Contesting Rights, De-Essentializing Jurisdictional Divides, and Temporizing Accommodations

Judith Resnik

in Federalism and Subsidiarity: NOMOS LV

Published in print:
2014
Published Online:
March 2016
ISBN:
9781479868858
eISBN:
9781479821303
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479868858.003.0012
Subject:
Political Science, Political Theory

This chapter examines the sources of identity and norms in federations and the methods for mediating conflicts. It first considers the reasons behind the appeal of federalism, especially in the first ... More


The Puzzling Persistence of Dual Federalism

Ernest A. Young

in Federalism and Subsidiarity: NOMOS LV

Published in print:
2014
Published Online:
March 2016
ISBN:
9781479868858
eISBN:
9781479821303
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479868858.003.0003
Subject:
Political Science, Political Theory

This chapter examines two ways that account for the persistence of dual federalism. The first is the critics' belief that the Supreme Court is inclined to revive strict dual federalist limits on ... More


Introduction: The Specificities of Contested Secessions

Neera Chandhoke

in Contested Secessions: Rights, Self-determination, Democracy, and Kashmir

Published in print:
2012
Published Online:
September 2012
ISBN:
9780198077978
eISBN:
9780199080977
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198077978.003.0001
Subject:
Political Science, Political Theory

Liberal theorists tend to deny the right of secession to illiberal groups. Yet, whereas the group might well be the ‘wrong’ one, the cause for which it seeks to secede might just be the ‘right one’, ... More


Judicial Oversight, Justice, and Executive Discretion Bounded by Law

Curtis A. Bradley

in Getting to the Rule of Law: NOMOS L

Published in print:
2011
Published Online:
March 2016
ISBN:
9780814728437
eISBN:
9780814728789
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814728437.003.0006
Subject:
Political Science, Political Theory

This chapter maintains that Benjamin Kleinerman's purported contrast between a nineteenth-century and modern approach to separation of powers is problematic. First, there is little evidence showing ... More


The Patriot's Flag

in Making Patriots

Published in print:
2001
Published Online:
March 2013
ISBN:
9780226044378
eISBN:
9780226044514
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226044514.003.0008
Subject:
Political Science, Political Theory

This chapter describes the importance of the flag in promoting patriotism in America. After the Declaration of Independence in July 1776, the Continental Congress resolved that the flag of the ... More


Tearing Down ‘Iiná Hooghan: Concepts of Modern Navajo Nation Governance

Michael Lerma

in Guided by the Mountains: Navajo Political Philosophy and Governance

Published in print:
2017
Published Online:
February 2017
ISBN:
9780190639853
eISBN:
9780190639884
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190639853.003.0005
Subject:
Political Science, Political Theory, American Politics

In the early twentieth century, the creation of the Navajo Nation government led to the formation of a Navajo elite. This elite, in modified form, continues to rule today. These concepts point out ... More


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