Randy E. Barnett
- Published in print:
- 2013
- Published Online:
- October 2017
- ISBN:
- 9780691159737
- eISBN:
- 9781400848133
- Item type:
- book
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691159737.001.0001
- Subject:
- Law, Constitutional and Administrative Law
The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. This book argues that since the nation's founding, but especially ...
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The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. This book 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. This book 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. It 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. The book 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.Less
The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. This book 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. This book 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. It 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. The book 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.
Milton C. Regan
- Published in print:
- 1998
- Published Online:
- November 2003
- ISBN:
- 9780198294962
- eISBN:
- 9780191598708
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198294964.003.0023
- Subject:
- Political Science, Political Theory
The Supreme Court in Austin v. Michigan Chamber of Commerce upheld the application to the Michigan Chamber of Commerce, a nonprofit corporation funded by dues from members, three-quarters of whom are ...
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The Supreme Court in Austin v. Michigan Chamber of Commerce upheld the application to the Michigan Chamber of Commerce, a nonprofit corporation funded by dues from members, three-quarters of whom are business corporations, of a Michigan law that forbids non-media corporations from using corporate treasury funds to make independent expenditures in connection with state elections for public office. The decision in Austin can be seen as resting on the view that business corporations are constrained in ways that systematically preclude them from cultivating civic virtue. Ironically, despite its often enormous wealth, the corporation is a paradigm of the materially dependent actor that has no choice but to look relentlessly to its self-interest. The modern corporation is operated for the sake of fictional shareholders, who are assumed to care only about maximizing the financial value of their shares, but, given the increasingly broad ownership of shares, shareholders also may well be employees of the company in which they hold stock or members of a community in which the corporation is an important economic presence. Union activity represents an effort at self-governance in the workplace, which requires consideration of and trade-offs among a variety of both material and nonmaterial goods.Less
The Supreme Court in Austin v. Michigan Chamber of Commerce upheld the application to the Michigan Chamber of Commerce, a nonprofit corporation funded by dues from members, three-quarters of whom are business corporations, of a Michigan law that forbids non-media corporations from using corporate treasury funds to make independent expenditures in connection with state elections for public office. The decision in Austin can be seen as resting on the view that business corporations are constrained in ways that systematically preclude them from cultivating civic virtue. Ironically, despite its often enormous wealth, the corporation is a paradigm of the materially dependent actor that has no choice but to look relentlessly to its self-interest. The modern corporation is operated for the sake of fictional shareholders, who are assumed to care only about maximizing the financial value of their shares, but, given the increasingly broad ownership of shares, shareholders also may well be employees of the company in which they hold stock or members of a community in which the corporation is an important economic presence. Union activity represents an effort at self-governance in the workplace, which requires consideration of and trade-offs among a variety of both material and nonmaterial goods.
Russell Hardin
- Published in print:
- 1999
- Published Online:
- November 2003
- ISBN:
- 9780198290841
- eISBN:
- 9780191599415
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198290845.003.0003
- Subject:
- Political Science, Political Theory
Constitutionalism requires merely coordination on big issues of general structure and protections; coordination on any detailed program is virtually out of the question. It works at all only if there ...
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Constitutionalism requires merely coordination on big issues of general structure and protections; coordination on any detailed program is virtually out of the question. It works at all only if there is relatively wide agreement on core issues, such as the agreement of the American political elite on the need for something like the Commerce Clause to enable the growth of an American economy through the creation of an open American market under the US Constitution. In polities in which there is no such general agreement, constitutionalism cannot work well. Indeed, it is plausible that the only government that can “work” in many contexts is authoritarian government.Less
Constitutionalism requires merely coordination on big issues of general structure and protections; coordination on any detailed program is virtually out of the question. It works at all only if there is relatively wide agreement on core issues, such as the agreement of the American political elite on the need for something like the Commerce Clause to enable the growth of an American economy through the creation of an open American market under the US Constitution. In polities in which there is no such general agreement, constitutionalism cannot work well. Indeed, it is plausible that the only government that can “work” in many contexts is authoritarian government.
Gerald Berk
- Published in print:
- 2004
- Published Online:
- September 2007
- ISBN:
- 9780199251902
- eISBN:
- 9780191719059
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199251902.003.0005
- Subject:
- Business and Management, Business History
This chapter reinterprets Louis Brandeis's role in the crisis of progressive era railroad regulation. While others have implicated Brandeis in the crisis, the essay shows how he identified fatal ...
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This chapter reinterprets Louis Brandeis's role in the crisis of progressive era railroad regulation. While others have implicated Brandeis in the crisis, the essay shows how he identified fatal flaws in Interstate Commerce Commission (ICC) ratemaking and proposed a coherent alternative. Brandeis showed how rate-of-return regulation made false promises to measure the objective value of railroad property and gave the railroads perverse incentives to increase costs. Drawing on the work of scientific manager F. Lincoln Hutchins, Brandeis proposed to replace valuation with a benchmarking system by which railroads could compare their performance. Drawing on his work in Massachusetts natural gas, Brandeis proposed to set rates according to a system of ‘sliding scales’, in which railroads received higher dividends when they provided lower rates. In theory, Brandeis's system was superior to rate-of-return regulation because it provided railroads with incentives to improve and information, unavailable from the firm or the market, about how to improve.Less
This chapter reinterprets Louis Brandeis's role in the crisis of progressive era railroad regulation. While others have implicated Brandeis in the crisis, the essay shows how he identified fatal flaws in Interstate Commerce Commission (ICC) ratemaking and proposed a coherent alternative. Brandeis showed how rate-of-return regulation made false promises to measure the objective value of railroad property and gave the railroads perverse incentives to increase costs. Drawing on the work of scientific manager F. Lincoln Hutchins, Brandeis proposed to replace valuation with a benchmarking system by which railroads could compare their performance. Drawing on his work in Massachusetts natural gas, Brandeis proposed to set rates according to a system of ‘sliding scales’, in which railroads received higher dividends when they provided lower rates. In theory, Brandeis's system was superior to rate-of-return regulation because it provided railroads with incentives to improve and information, unavailable from the firm or the market, about how to improve.
Randy E. Barnett
- Published in print:
- 2013
- Published Online:
- October 2017
- ISBN:
- 9780691159737
- eISBN:
- 9781400848133
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691159737.003.0012
- Subject:
- Law, Constitutional and Administrative Law
This chapter examines the propriety of federal laws under the power most often invoked to justify restrictions on liberty: the power to regulate commerce among the several states. Courts are not ...
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This chapter examines the propriety of federal laws under the power most often invoked to justify restrictions on liberty: the power to regulate commerce among the several states. Courts are not empowered to disregard powers that are expressly enumerated in the Constitution, even those that violate the rights of the people. They are authorized only to interpret the meaning of these powers, and where this meaning is underdeterminate, to construe them in a manner that is consistent with original meaning and that would render their exercise as legitimate as possible. The chapter analyzes the federal power to regulate commerce by explaining what the Commerce Clause means. It also considers judicial interpretations of commerce during the period 1824–1935 and shows that the term “among the states” independently limits federal power with respect to commerce. Finally, it reviews John Marshall's arguments in Gibbons v. Ogden.Less
This chapter examines the propriety of federal laws under the power most often invoked to justify restrictions on liberty: the power to regulate commerce among the several states. Courts are not empowered to disregard powers that are expressly enumerated in the Constitution, even those that violate the rights of the people. They are authorized only to interpret the meaning of these powers, and where this meaning is underdeterminate, to construe them in a manner that is consistent with original meaning and that would render their exercise as legitimate as possible. The chapter analyzes the federal power to regulate commerce by explaining what the Commerce Clause means. It also considers judicial interpretations of commerce during the period 1824–1935 and shows that the term “among the states” independently limits federal power with respect to commerce. Finally, it reviews John Marshall's arguments in Gibbons v. Ogden.
Randy E. Barnett
- Published in print:
- 2013
- Published Online:
- October 2017
- ISBN:
- 9780691159737
- eISBN:
- 9781400848133
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691159737.003.0001
- Subject:
- Law, Constitutional and Administrative Law
This book examines whether the U.S. Constitution—either as written or as actually applied—is legitimate. It argues that the most commonly held view of constitutional legitimacy—the “consent of the ...
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This book examines whether the U.S. Constitution—either as written or as actually applied—is legitimate. It argues that the most commonly held view of constitutional legitimacy—the “consent of the governed”—is wrong because it is a standard that no constitution can meet. It shows why holding the Constitution to this unattainable ideal both undermines its legitimacy and allows others to substitute their own meaning for that of the text. The book considers the notion of “natural rights” as “liberty rights,” along with the nature and scope of the so-called police power of states. Furthermore, it analyzes the original meaning of key provisions of the text that have been either distorted or excised entirely from the judges' Constitution and ignored: the Commerce Clause and the Necessary and Proper Clause in the original Constitution, the Ninth Amendment, and the Privileges or Immunities Clause of the Fourteenth Amendment.Less
This book examines whether the U.S. Constitution—either as written or as actually applied—is legitimate. It argues that the most commonly held view of constitutional legitimacy—the “consent of the governed”—is wrong because it is a standard that no constitution can meet. It shows why holding the Constitution to this unattainable ideal both undermines its legitimacy and allows others to substitute their own meaning for that of the text. The book considers the notion of “natural rights” as “liberty rights,” along with the nature and scope of the so-called police power of states. Furthermore, it analyzes the original meaning of key provisions of the text that have been either distorted or excised entirely from the judges' Constitution and ignored: the Commerce Clause and the Necessary and Proper Clause in the original Constitution, the Ninth Amendment, and the Privileges or Immunities Clause of the Fourteenth Amendment.
Samuel DeCanio
- Published in print:
- 2015
- Published Online:
- May 2016
- ISBN:
- 9780300198782
- eISBN:
- 9780300216318
- Item type:
- book
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300198782.001.0001
- Subject:
- Law, Constitutional and Administrative Law
This book examines how political elites used high levels of voter ignorance to create a new sort of regulatory state with lasting implications for American politics. Focusing on the expansion of ...
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This book examines how political elites used high levels of voter ignorance to create a new sort of regulatory state with lasting implications for American politics. Focusing on the expansion of bureaucratic authority in late-nineteenth-century America, the book's archival research examines electoral politics, the Treasury Department's control over monetary policy, and the Interstate Commerce Commission's regulation of railroads to examine how conservative politicians created a new type of bureaucratic state to insulate policy decisions from popular control.Less
This book examines how political elites used high levels of voter ignorance to create a new sort of regulatory state with lasting implications for American politics. Focusing on the expansion of bureaucratic authority in late-nineteenth-century America, the book's archival research examines electoral politics, the Treasury Department's control over monetary policy, and the Interstate Commerce Commission's regulation of railroads to examine how conservative politicians created a new type of bureaucratic state to insulate policy decisions from popular control.
PERRY GAUCI
- Published in print:
- 2001
- Published Online:
- January 2010
- ISBN:
- 9780199241934
- eISBN:
- 9780191714344
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199241934.003.0006
- Subject:
- History, British and Irish Early Modern History
The French commerce bill of 1713 was crucial to the government's attempt to settle Anglo-French trade at the conclusion of the War of the Spanish Succession, and was considered vital for ...
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The French commerce bill of 1713 was crucial to the government's attempt to settle Anglo-French trade at the conclusion of the War of the Spanish Succession, and was considered vital for re-establishing relations between Europe's leading rivals. However, the bill was defeated in the House of Commons by a mere nine votes. The division sent shock-waves through the political world of its day. Economic historians, most notably Donald Coleman, have used the controversy to explore the relationship between early economic theory and political practice, and to demonstrate the faltering steps that commerce took upon the parliamentary stage at that time. Coleman argued that contemporaries perceived trade in ‘quasi-political’ terms, as an adjunct of international relations, and he stressed that the impact of commercial issues could not be properly assessed without such broader perspectives. This chapter builds on Coleman's work by examining the ‘political’ rhetoric of commercial debate, to see whether contemporaries had consciously accorded trade a greater priority on the agenda of state interests.Less
The French commerce bill of 1713 was crucial to the government's attempt to settle Anglo-French trade at the conclusion of the War of the Spanish Succession, and was considered vital for re-establishing relations between Europe's leading rivals. However, the bill was defeated in the House of Commons by a mere nine votes. The division sent shock-waves through the political world of its day. Economic historians, most notably Donald Coleman, have used the controversy to explore the relationship between early economic theory and political practice, and to demonstrate the faltering steps that commerce took upon the parliamentary stage at that time. Coleman argued that contemporaries perceived trade in ‘quasi-political’ terms, as an adjunct of international relations, and he stressed that the impact of commercial issues could not be properly assessed without such broader perspectives. This chapter builds on Coleman's work by examining the ‘political’ rhetoric of commercial debate, to see whether contemporaries had consciously accorded trade a greater priority on the agenda of state interests.
G. R. Searle
- Published in print:
- 1993
- Published Online:
- October 2011
- ISBN:
- 9780198203575
- eISBN:
- 9780191675874
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198203575.003.0006
- Subject:
- History, British and Irish Modern History
In 1860, many of the provincial Chambers of Commerce in Britain decided to form a federation in order to increase the influence of businessmen on Parliament and the government. With the emergence of ...
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In 1860, many of the provincial Chambers of Commerce in Britain decided to form a federation in order to increase the influence of businessmen on Parliament and the government. With the emergence of the Association of Chambers of Commerce (ACC), a new era in entrepreneurial politics had begun. From modest beginnings, the association quickly made its mark on political life, since despite the patchiness of its geographical spread, it had affiliated to it the Chambers of most of the important industrial and commercial areas, particularly in Yorkshire and the Midlands. ACC saw its own role as being ‘a most useful medium of communication between the commercial, manufacturing and trading classes and the government of this country’. This chapter explores the development of commercial politics in Britain from 1850 to 1870, the decimalization issue, the dispute between businessmen and the legal profession, the issue of patents, and limited liability.Less
In 1860, many of the provincial Chambers of Commerce in Britain decided to form a federation in order to increase the influence of businessmen on Parliament and the government. With the emergence of the Association of Chambers of Commerce (ACC), a new era in entrepreneurial politics had begun. From modest beginnings, the association quickly made its mark on political life, since despite the patchiness of its geographical spread, it had affiliated to it the Chambers of most of the important industrial and commercial areas, particularly in Yorkshire and the Midlands. ACC saw its own role as being ‘a most useful medium of communication between the commercial, manufacturing and trading classes and the government of this country’. This chapter explores the development of commercial politics in Britain from 1850 to 1870, the decimalization issue, the dispute between businessmen and the legal profession, the issue of patents, and limited liability.
Kenneth Baxter Wolf
- Published in print:
- 2003
- Published Online:
- November 2003
- ISBN:
- 9780195158083
- eISBN:
- 9780199834877
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195158083.003.0005
- Subject:
- Religion, History of Christianity
Francis's fascination with poverty as a spiritual discipline is nowhere better illustrated than in the allegory, the Sacred Commerce of St. Francis and Lady Poverty, which appears to have been ...
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Francis's fascination with poverty as a spiritual discipline is nowhere better illustrated than in the allegory, the Sacred Commerce of St. Francis and Lady Poverty, which appears to have been written about a decade after the saint's death. In the Sacred Commerce, Francis is depicted as a suitor to Lady Poverty, the personification of the perfect poverty that Francis spent his life pursuing. Borrowing tropes from the biblical books of the Song of Songs, Proverbs, and Wisdom, as well as from chivalric romance, the author used the courtship of Francis and Lady Poverty as a way of underscoring the threats posed to religious orders like the Franciscans by the enticements of Lady Poverty's rival, Greed.Less
Francis's fascination with poverty as a spiritual discipline is nowhere better illustrated than in the allegory, the Sacred Commerce of St. Francis and Lady Poverty, which appears to have been written about a decade after the saint's death. In the Sacred Commerce, Francis is depicted as a suitor to Lady Poverty, the personification of the perfect poverty that Francis spent his life pursuing. Borrowing tropes from the biblical books of the Song of Songs, Proverbs, and Wisdom, as well as from chivalric romance, the author used the courtship of Francis and Lady Poverty as a way of underscoring the threats posed to religious orders like the Franciscans by the enticements of Lady Poverty's rival, Greed.
Franz Neumann
- Published in print:
- 2013
- Published Online:
- October 2017
- ISBN:
- 9780691134130
- eISBN:
- 9781400846467
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691134130.003.0018
- Subject:
- History, Military History
This chapter focuses on cartels and cartel-like organizations in Nazi Germany. The report explains German industrial organization is dominated by large vertical combines. Cartels and other ...
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This chapter focuses on cartels and cartel-like organizations in Nazi Germany. The report explains German industrial organization is dominated by large vertical combines. Cartels and other associations of business, a common fixture of the German economy, have been used by the combines as means for the domination of industry and are in part a reflection of the degree of concentration of German industry. The prototypes of the combines are those within so-called heavy industry. The chapter first considers the role of cartels and cartel-like organizations in Germany before offering a number of recommendations relating to denazification, administration, cartels, Reichsvereinigungen, the Chambers of Industry and Commerce, and the main committees and rings.Less
This chapter focuses on cartels and cartel-like organizations in Nazi Germany. The report explains German industrial organization is dominated by large vertical combines. Cartels and other associations of business, a common fixture of the German economy, have been used by the combines as means for the domination of industry and are in part a reflection of the degree of concentration of German industry. The prototypes of the combines are those within so-called heavy industry. The chapter first considers the role of cartels and cartel-like organizations in Germany before offering a number of recommendations relating to denazification, administration, cartels, Reichsvereinigungen, the Chambers of Industry and Commerce, and the main committees and rings.
Benjamin C. Waterhouse
- Published in print:
- 2013
- Published Online:
- October 2017
- ISBN:
- 9780691149165
- eISBN:
- 9781400848171
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691149165.003.0003
- Subject:
- History, American History: early to 18th Century
This chapter discusses how the institutional developments at the National Association of Manufacturers (NAM) and the U.S. Chamber of Commerce grew directly from the political and economic upheaval of ...
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This chapter discusses how the institutional developments at the National Association of Manufacturers (NAM) and the U.S. Chamber of Commerce grew directly from the political and economic upheaval of the late 1960s and early 1970s and paved the way for effective pan-business lobbying in the years ahead. The tumultuous 1960s had altered the landscape of Congress and party politics, particularly through the rise of public interest liberalism and its demands for greater federal intervention with regard to employment equality, consumer and worker protection, and environmental stewardship. In this new political context, business leaders at the NAM and the Chamber refashioned their public image, refined their approaches to lobbying, and broadened their policy prescriptions.Less
This chapter discusses how the institutional developments at the National Association of Manufacturers (NAM) and the U.S. Chamber of Commerce grew directly from the political and economic upheaval of the late 1960s and early 1970s and paved the way for effective pan-business lobbying in the years ahead. The tumultuous 1960s had altered the landscape of Congress and party politics, particularly through the rise of public interest liberalism and its demands for greater federal intervention with regard to employment equality, consumer and worker protection, and environmental stewardship. In this new political context, business leaders at the NAM and the Chamber refashioned their public image, refined their approaches to lobbying, and broadened their policy prescriptions.
Robert J Miller, Jacinta Ruru, Larissa Behrendt, and Tracey Lindberg
- Published in print:
- 2010
- Published Online:
- September 2010
- ISBN:
- 9780199579815
- eISBN:
- 9780191594465
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199579815.003.0002
- Subject:
- Law, Human Rights and Immigration, Public International Law
This chapter shows how Discovery was imported and expressly adopted into American colonial and state law in royal charters and colonial and state constitutions, governments, and courts. It explains ...
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This chapter shows how Discovery was imported and expressly adopted into American colonial and state law in royal charters and colonial and state constitutions, governments, and courts. It explains how the United States government adopted Discovery and how it was accepted by American jurisprudence in 1823 in Johnson v M'Intosh. The loss of tribal and individual Indian property rights and sovereignty followed naturally from the use of Discovery against indigenous peoples in what is now the United States.Less
This chapter shows how Discovery was imported and expressly adopted into American colonial and state law in royal charters and colonial and state constitutions, governments, and courts. It explains how the United States government adopted Discovery and how it was accepted by American jurisprudence in 1823 in Johnson v M'Intosh. The loss of tribal and individual Indian property rights and sovereignty followed naturally from the use of Discovery against indigenous peoples in what is now the United States.
David E. Mills
- Published in print:
- 2015
- Published Online:
- May 2015
- ISBN:
- 9789774166389
- eISBN:
- 9781617975882
- Item type:
- book
- Publisher:
- American University in Cairo Press
- DOI:
- 10.5743/cairo/9789774166389.001.0001
- Subject:
- Political Science, Political Economy
Dividing the Nile offers a new perspective on Anglo-Egyptian rule in the Sudan. Most scholarship has attributed Sudanese independence in 1956 to British dominance of the Condominium, historical ...
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Dividing the Nile offers a new perspective on Anglo-Egyptian rule in the Sudan. Most scholarship has attributed Sudanese independence in 1956 to British dominance of the Condominium, historical animosity toward Egypt, or the emergence of Sudanese nationalism. Dividing the Nile counters that Egyptian entrepreneurs failed to develop a united economy or shared economic interests, guaranteeing Egypt's ‘loss’ of the Sudan. It argues that British dominance of the Condominium may have stymied initial Egyptian efforts, but that after the First World War Egypt became increasingly interested in and capable of economic ventures in the Sudan. However, early Egyptian financial assistance and the seemingly successful resolution of Nile water resources by the latter 1920s had actually divided the regions. With the signing of the 1936 Anglo-Egyptian Treaty and the easing of Depression-era conditions, Egyptians finally began concerted efforts to promote commerce and to acquire Sudanese lands. Egyptian entrepreneurs were never able to overcome British officials’ opposition to irrigated agricultural schemes in the Sudan, and merchants made inroads only in very limited local markets and only when international competitors were temporarily restricted. Solid Sudanese economic bonds to global markets that had been established in the first forty years of the Condominium administration could not be undone in its last decade and a half of existence. Egyptian nationalists had simply missed opportunities of aligning their economic future with that of their Sudanese brethren, resulting ultimately in two independent nations.Less
Dividing the Nile offers a new perspective on Anglo-Egyptian rule in the Sudan. Most scholarship has attributed Sudanese independence in 1956 to British dominance of the Condominium, historical animosity toward Egypt, or the emergence of Sudanese nationalism. Dividing the Nile counters that Egyptian entrepreneurs failed to develop a united economy or shared economic interests, guaranteeing Egypt's ‘loss’ of the Sudan. It argues that British dominance of the Condominium may have stymied initial Egyptian efforts, but that after the First World War Egypt became increasingly interested in and capable of economic ventures in the Sudan. However, early Egyptian financial assistance and the seemingly successful resolution of Nile water resources by the latter 1920s had actually divided the regions. With the signing of the 1936 Anglo-Egyptian Treaty and the easing of Depression-era conditions, Egyptians finally began concerted efforts to promote commerce and to acquire Sudanese lands. Egyptian entrepreneurs were never able to overcome British officials’ opposition to irrigated agricultural schemes in the Sudan, and merchants made inroads only in very limited local markets and only when international competitors were temporarily restricted. Solid Sudanese economic bonds to global markets that had been established in the first forty years of the Condominium administration could not be undone in its last decade and a half of existence. Egyptian nationalists had simply missed opportunities of aligning their economic future with that of their Sudanese brethren, resulting ultimately in two independent nations.
Samuel DeCanio
- Published in print:
- 2015
- Published Online:
- May 2016
- ISBN:
- 9780300198782
- eISBN:
- 9780300216318
- Item type:
- chapter
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300198782.003.0001
- Subject:
- Law, Constitutional and Administrative Law
This book examines the regulatory state, a specific type of state authority that initially emerged in the late nineteenth century, and its ramifications for American politics. In particular, it ...
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This book examines the regulatory state, a specific type of state authority that initially emerged in the late nineteenth century, and its ramifications for American politics. In particular, it considers the implications of high levels of voter ignorance for democratic politics and the autonomy of modern states as well as the role of political and media elites in the creation of the American state's bureaucratic regulatory authority. Focusing on the period 1860s–1890s, the book shows that this bureaucratic regulatory authority can be traced to the Treasury Department and the Interstate Commerce Commission. It also proposes a theory of the state that challenges widespread assumptions regarding the nature of political power in modern democracies. To support its case, the book explores the impact of conflicts over the gold standard on party ideology and state formation, along with the politics of free silver and inflationary demands for the free coinage of silver at the ratio of 16 to 1. Finally, it discusses the influence of railroad regulation on state formation.Less
This book examines the regulatory state, a specific type of state authority that initially emerged in the late nineteenth century, and its ramifications for American politics. In particular, it considers the implications of high levels of voter ignorance for democratic politics and the autonomy of modern states as well as the role of political and media elites in the creation of the American state's bureaucratic regulatory authority. Focusing on the period 1860s–1890s, the book shows that this bureaucratic regulatory authority can be traced to the Treasury Department and the Interstate Commerce Commission. It also proposes a theory of the state that challenges widespread assumptions regarding the nature of political power in modern democracies. To support its case, the book explores the impact of conflicts over the gold standard on party ideology and state formation, along with the politics of free silver and inflationary demands for the free coinage of silver at the ratio of 16 to 1. Finally, it discusses the influence of railroad regulation on state formation.
Samuel DeCanio
- Published in print:
- 2015
- Published Online:
- May 2016
- ISBN:
- 9780300198782
- eISBN:
- 9780300216318
- Item type:
- chapter
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300198782.003.0010
- Subject:
- Law, Constitutional and Administrative Law
This chapter examines the Compromise of 1877 between Republicans and Southern Democrats involving railroad subsidies that would extend Thomas Scott's Texas and Pacific Railroad into their districts ...
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This chapter examines the Compromise of 1877 between Republicans and Southern Democrats involving railroad subsidies that would extend Thomas Scott's Texas and Pacific Railroad into their districts in exchange for making Rutherford Hayes president. Initially documented by C. Vann Woodward in Reunion and Reaction: The Compromise of 1877 and the End of Reconstruction (1954), the Compromise of 1877 involved not only the removal of federal troops from the South but also promises of federal aid to railroads. The compromise collapsed after Hayes became president and refused to provide railroad subsidies to the South. This chapter considers how the collapse of the Compromise of 1877 led Texas Democrat John Reagan to introduce a bill that culminated in the creation of the Interstate Commerce Commission. It also explores the ramifications of railroad regulation championed by Reagan for American state formation.Less
This chapter examines the Compromise of 1877 between Republicans and Southern Democrats involving railroad subsidies that would extend Thomas Scott's Texas and Pacific Railroad into their districts in exchange for making Rutherford Hayes president. Initially documented by C. Vann Woodward in Reunion and Reaction: The Compromise of 1877 and the End of Reconstruction (1954), the Compromise of 1877 involved not only the removal of federal troops from the South but also promises of federal aid to railroads. The compromise collapsed after Hayes became president and refused to provide railroad subsidies to the South. This chapter considers how the collapse of the Compromise of 1877 led Texas Democrat John Reagan to introduce a bill that culminated in the creation of the Interstate Commerce Commission. It also explores the ramifications of railroad regulation championed by Reagan for American state formation.
Samuel DeCanio
- Published in print:
- 2015
- Published Online:
- May 2016
- ISBN:
- 9780300198782
- eISBN:
- 9780300216318
- Item type:
- chapter
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300198782.003.0011
- Subject:
- Law, Constitutional and Administrative Law
This chapter examines why a commission such as the Interstate Commerce Commission (ICC) was created to regulate the railroads by focusing on the views of railroad expert Charles Francis Adams Jr. It ...
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This chapter examines why a commission such as the Interstate Commerce Commission (ICC) was created to regulate the railroads by focusing on the views of railroad expert Charles Francis Adams Jr. It first considers John Reagan's opposition to bureaucracy, and especially to the idea of a regulatory commission, before turning to a discussion of liberal reformers' justifications for commissions. It argues that members of the Republican Party's liberal reform faction favored the creation of an independent commission to mitigate the more radical implications of Reagan's bill. It also explains how the institutional form introduced by Adams and other liberal reformers contributed to state formation and how the creation of the ICC inaugurated a form of state authority that was increasingly federal, regulatory, and bureaucratic.Less
This chapter examines why a commission such as the Interstate Commerce Commission (ICC) was created to regulate the railroads by focusing on the views of railroad expert Charles Francis Adams Jr. It first considers John Reagan's opposition to bureaucracy, and especially to the idea of a regulatory commission, before turning to a discussion of liberal reformers' justifications for commissions. It argues that members of the Republican Party's liberal reform faction favored the creation of an independent commission to mitigate the more radical implications of Reagan's bill. It also explains how the institutional form introduced by Adams and other liberal reformers contributed to state formation and how the creation of the ICC inaugurated a form of state authority that was increasingly federal, regulatory, and bureaucratic.
Samuel DeCanio
- Published in print:
- 2015
- Published Online:
- May 2016
- ISBN:
- 9780300198782
- eISBN:
- 9780300216318
- Item type:
- chapter
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300198782.003.0013
- Subject:
- Law, Constitutional and Administrative Law
This chapter argues that the American state was initially created by the response of conservative political elites to electoral pressures and concerns regarding the rationality of public opinion, ...
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This chapter argues that the American state was initially created by the response of conservative political elites to electoral pressures and concerns regarding the rationality of public opinion, rather than a product of popular outrage toward industrialization. It explains how populist social demands led certain liberal reformers and Republicans to endorse bureaucracy in an attempt to resist public opinion and to educate voters. It suggests that certain conservatives empowered bureaucracies, particularly the Treasury Department and the Interstate Commerce Commission, to implement policies they believed were extremely unpopular, culminating in a new regulatory state capable of limiting public opinion's influence upon politics.Less
This chapter argues that the American state was initially created by the response of conservative political elites to electoral pressures and concerns regarding the rationality of public opinion, rather than a product of popular outrage toward industrialization. It explains how populist social demands led certain liberal reformers and Republicans to endorse bureaucracy in an attempt to resist public opinion and to educate voters. It suggests that certain conservatives empowered bureaucracies, particularly the Treasury Department and the Interstate Commerce Commission, to implement policies they believed were extremely unpopular, culminating in a new regulatory state capable of limiting public opinion's influence upon politics.
Katy Layton-Jones
- Published in print:
- 2016
- Published Online:
- May 2016
- ISBN:
- 9780719099694
- eISBN:
- 9781526104038
- Item type:
- book
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9780719099694.001.0001
- Subject:
- History, British and Irish Modern History
Drawing on images that shaped the popular perception of British towns between 1780 and 1880, Beyond the Metropolis challenges enduring misconceptions about urbanization, its representation, and ...
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Drawing on images that shaped the popular perception of British towns between 1780 and 1880, Beyond the Metropolis challenges enduring misconceptions about urbanization, its representation, and interpretation throughout the long nineteenth century. Over the past century, historical reality has merged seamlessly with mythology, literature, and caricature, to create a dramatic, but utterly misleading representation of our urban past. Dark satanic mills, cobbled streets, and cholera have become common shorthand for the nineteenth-century British town. Yet, there is little to suggest that the Urban Renaissance identified by Peter Borsay ended in 1770, or that every town in Britain experienced the same topographical consequences of expansion. Using engaging and diverse evidence, including souvenirs, pocket panoramas, and ceramics, this book investigates the relationship between pictorial convention, visual innovation, and urban identity. In contrast to myriad publications that address London exclusively, it examines images that reflect the growing political, social, and cultural significance of British provincial towns in the wake of the Industrial Revolution. Covering locations from Bristol to Leeds, Glasgow to Birmingham, and Manchester to Swansea, it reveals a complex and compelling new narrative of British urbanisation. Subjects that currently enjoy the attention of historians, planners, and politicians alike, including public space, popular protest, civic identity, and residential development, are approached from unfamiliar vantage points provided by hitherto under-researched sources. The result is a timely and persuasive re-evaluation of the British city, its changing form, representation, and impact.Less
Drawing on images that shaped the popular perception of British towns between 1780 and 1880, Beyond the Metropolis challenges enduring misconceptions about urbanization, its representation, and interpretation throughout the long nineteenth century. Over the past century, historical reality has merged seamlessly with mythology, literature, and caricature, to create a dramatic, but utterly misleading representation of our urban past. Dark satanic mills, cobbled streets, and cholera have become common shorthand for the nineteenth-century British town. Yet, there is little to suggest that the Urban Renaissance identified by Peter Borsay ended in 1770, or that every town in Britain experienced the same topographical consequences of expansion. Using engaging and diverse evidence, including souvenirs, pocket panoramas, and ceramics, this book investigates the relationship between pictorial convention, visual innovation, and urban identity. In contrast to myriad publications that address London exclusively, it examines images that reflect the growing political, social, and cultural significance of British provincial towns in the wake of the Industrial Revolution. Covering locations from Bristol to Leeds, Glasgow to Birmingham, and Manchester to Swansea, it reveals a complex and compelling new narrative of British urbanisation. Subjects that currently enjoy the attention of historians, planners, and politicians alike, including public space, popular protest, civic identity, and residential development, are approached from unfamiliar vantage points provided by hitherto under-researched sources. The result is a timely and persuasive re-evaluation of the British city, its changing form, representation, and impact.
Michael Greve
- Published in print:
- 2011
- Published Online:
- September 2011
- ISBN:
- 9780199764013
- eISBN:
- 9780199897186
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199764013.003.0011
- Subject:
- Political Science, American Politics
This chapter inventories the accomplishments and defeats of the conservative legal movement. It argues that the conservative legal movement has a high degree of professionalism, financial stability ...
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This chapter inventories the accomplishments and defeats of the conservative legal movement. It argues that the conservative legal movement has a high degree of professionalism, financial stability and intellectual capital. The question now is whether it possesses sufficient intellectual and organizational resources to adapt successfully to a changed environment of institutional and political hostility. The chapter concludes that it does, although it will be severely tested in the process. The chapter examines the conservative legal movement's record in four areas: court appointments, litigation, administration, and institutionalization. It then goes on to analyze the movement's foundational commitment—originalism—and predicts a reformulations of the concept with a keener appreciation of originalism's limitations and a greater emphasis on complementary legal values of constitutional rights, structure, and limited government.Less
This chapter inventories the accomplishments and defeats of the conservative legal movement. It argues that the conservative legal movement has a high degree of professionalism, financial stability and intellectual capital. The question now is whether it possesses sufficient intellectual and organizational resources to adapt successfully to a changed environment of institutional and political hostility. The chapter concludes that it does, although it will be severely tested in the process. The chapter examines the conservative legal movement's record in four areas: court appointments, litigation, administration, and institutionalization. It then goes on to analyze the movement's foundational commitment—originalism—and predicts a reformulations of the concept with a keener appreciation of originalism's limitations and a greater emphasis on complementary legal values of constitutional rights, structure, and limited government.
