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A Revolution in Favor of Government: Origins of the U.S. Constitution and the Making of the American State

Max. M Edling

Published in print:
2003
Published Online:
January 2005
ISBN:
9780195148701
eISBN:
9780199835096
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/0195148703.001.0001
Subject:
Political Science, American Politics

In this new interpretation of America's origins, the author argues that during the Constitutional debates, the Federalists were primarily concerned with building a state able to act vigorously in ... More


How Constitutional Rights Limit Governmental Power

ASHUTOSH BHAGWAT

in The Myth of Rights: The Purposes and Limits of Constitutional Rights

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195377781
eISBN:
9780199775842
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195377781.003.004
Subject:
Law, Constitutional and Administrative Law

Chapter 3 demonstrated that as a matter of text and history, the Bill of Rights and the Fourteenth Amendment do not create the system of individual autonomy and entitlements that much modern, ... More


The Jurisdictional Context of Private Delegation

Catherine M Donnelly

in Delegation of Governmental Power to Private Parties: A Comparative Perspective

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199298242
eISBN:
9780191711626
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199298242.003.0002
Subject:
Law, Constitutional and Administrative Law

This chapter presents an overview of the setting in which delegation of governmental power to private parties occurs in each of the three jurisdictions. The structure is threefold and the ... More


Introduction

Thomas Lundmark

in Power & Rights in US Constitutional Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195368727
eISBN:
9780199867530
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195368727.003.0001
Subject:
Law, Constitutional and Administrative Law

This book is divided into two clear parts. The first is devoted to governmental power and sketches the structure of the federal government of the United States. It focuses on the separation of powers ... More


Introduction

Catherine M Donnelly

in Delegation of Governmental Power to Private Parties: A Comparative Perspective

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199298242
eISBN:
9780191711626
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199298242.003.0001
Subject:
Law, Constitutional and Administrative Law

This chapter introduces the topic of the study. The terms of the study are defined; the choice of jurisdictions is presented; and the comparative methodology is explained. The use of the term ... More


Regulatory Governance and the Challenge of Constitutionalism

Colin Scott

in The Regulatory State: Constitutional Implications

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199593170
eISBN:
9780191595660
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199593170.003.0002
Subject:
Law, Constitutional and Administrative Law

This chapter assesses both the narrow and broad versions of the challenge presented to the values of constitutionalism by regulatory governance. The narrow constitutionalist critique locates the ... More


The Myth of Rights: The Purposes and Limits of Constitutional Rights

Ashutosh Bhagwat

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195377781
eISBN:
9780199775842
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195377781.001.0001
Subject:
Law, Constitutional and Administrative Law

What is a constitutional right? If asked, most Americans would say that it is an entitlement to act as one pleases — i.e., that rights protect autonomy. That understanding, however, is wrong; it is, ... More


The Morality of American Law

Elizabeth Price Foley

in Liberty for All: Reclaiming Individual Privacy in a New Era of Public Morality

Published in print:
2006
Published Online:
October 2013
ISBN:
9780300109832
eISBN:
9780300134995
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300109832.003.0002
Subject:
History, Social History

American law is underlain by a morality designed to minimize conflicts between individual privacy and public morality. In order to strike a balance between these competing forces, the structure of ... More


Being Sovereign: The Harm Principle

Elizabeth Price Foley

in Liberty for All: Reclaiming Individual Privacy in a New Era of Public Morality

Published in print:
2006
Published Online:
October 2013
ISBN:
9780300109832
eISBN:
9780300134995
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300109832.003.0003
Subject:
History, Social History

This chapter examines how an underlying morality of American law which defines the limits of governmental power—that is, protecting life, liberty, and property (LLP)—and concomitantly values residual ... More


Medical Care

Elizabeth Price Foley

in Liberty for All: Reclaiming Individual Privacy in a New Era of Public Morality

Published in print:
2006
Published Online:
October 2013
ISBN:
9780300109832
eISBN:
9780300134995
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300109832.003.0007
Subject:
History, Social History

One of the fundamental facets of residual individual sovereignty is bodily autonomy, or sovereignty over one's own body, which took root in cases that considered the imposition of unwanted medical ... More


Britain, 350–550

T. M. Charles-Edwards

in Wales and the Britons, 350-1064

Published in print:
2012
Published Online:
January 2013
ISBN:
9780198217312
eISBN:
9780191744778
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198217312.003.0002
Subject:
History, British and Irish Medieval History

A narrative is provided stretching from the period immediately before the great attacks on Britain in the 360s up to the great Justinianic plague of the 540s. This is the period which saw the end of ... More


Government Power and its Impact on Pan-Pearl River Delta Regional Cooperation:: Cooperative Networks and Regional Governance

De Hu and Hailong Ma

in China's Pan-Pearl River Delta: Regional Cooperation and Development

Published in print:
2010
Published Online:
September 2011
ISBN:
9789888028504
eISBN:
9789882206717
Item type:
chapter
Publisher:
Hong Kong University Press
DOI:
10.5790/hongkong/9789888028504.003.0010
Subject:
Economics and Finance, South and East Asia

China's transition from a planned to a market-oriented economy has led to the emergence of “local economic dukedoms.” As local governments are responsible for their own development, the regional ... More


What Are Regimes?

Charles Tilly

in Regimes and Repertoires

Published in print:
2006
Published Online:
February 2013
ISBN:
9780226803500
eISBN:
9780226803531
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226803531.003.0001
Subject:
Sociology, Comparative and Historical Sociology

The relationship between regime change and contentious politics is complex, contingent, and variable. The book seeks to explain their mutual influence. It also proposes a dynamic causal account of ... More


Creating the Land of Lincoln: The History and Constitutions of Illinois, 1778-1870

Frank Cicero Jr.

Published in print:
2018
Published Online:
September 2018
ISBN:
9780252041679
eISBN:
9780252050343
Item type:
book
Publisher:
University of Illinois Press
DOI:
10.5622/illinois/9780252041679.001.0001
Subject:
History, Political History

This book links the state constitutions of Illinois to Abraham Lincoln’s legacy amendments to the U.S. Constitution. Beginning with Euro-American settlement in the region that would become Illinois, ... More


Reclaiming the Conceptual Legacy of the Progressives’ Critique of Rights: Equal Protection Without Higher Scrutiny

Sonu Bedi

in The Progressives' Century: Political Reform, Constitutional Government, and the Modern American State

Published in print:
2016
Published Online:
May 2017
ISBN:
9780300204841
eISBN:
9780300225099
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300204841.003.0006
Subject:
History, American History: 20th Century

This chapter assesses the legal implications of the Progressive agenda by drawing attention to the distinction between rights and state or governmental powers. First, it presents the Progressive ... More


Power: Deontic, Background, Political, and Other

John R. Searle

in Making the Social World: The Structure of Human Civilization

Published in print:
2010
Published Online:
May 2015
ISBN:
9780195396171
eISBN:
9780190267643
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780195396171.003.0007
Subject:
Philosophy, Political Philosophy

This chapter explains the concept of power being described as an existing capacity which may or may not be utilized. It aims to characterize deontic powers in comparison to political power and the ... More


Food, Drugs, and Alcohol

Elizabeth Price Foley

in Liberty for All: Reclaiming Individual Privacy in a New Era of Public Morality

Published in print:
2006
Published Online:
October 2013
ISBN:
9780300109832
eISBN:
9780300134995
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300109832.003.0008
Subject:
History, Social History

American law is characterized by increasing intolerance of individual sovereignty to make choices regarding which substances to consume. While the modern governmental power to prohibit ingestion of ... More


Introduction: A Nation of Laws, Not Men

Elizabeth Price Foley

in Liberty for All: Reclaiming Individual Privacy in a New Era of Public Morality

Published in print:
2006
Published Online:
October 2013
ISBN:
9780300109832
eISBN:
9780300134995
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300109832.003.0001
Subject:
History, Social History

This book explores individual privacy versus public morality and whether an individual should be at liberty to act in a manner that does not harm others but is offensive to many. It considers whether ... More


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