Debra L. Dodson
- Published in print:
- 2006
- Published Online:
- May 2006
- ISBN:
- 9780198296744
- eISBN:
- 9780191603709
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198296746.001.0001
- Subject:
- Political Science, Comparative Politics
This book explores the complex relationship between women’s presence and impact in two strikingly different, consecutive congresses. Drawing on hundreds of elite interviews and archival information, ...
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This book explores the complex relationship between women’s presence and impact in two strikingly different, consecutive congresses. Drawing on hundreds of elite interviews and archival information, the case studies of three highly visible policy areas (reproductive rights, women’s health, and health care policy) move beyond the question of ‘Do women make a difference?’ to confront the oft-ignored, contested issues surrounding gender difference and impact: its probabilistic nature, contested legitimacy, and disputed meaning. The analysis enhances understanding of how gendered forces at the individual, institutional, and societal levels combine to reinforce and redefine gendered relationships to power in the public sphere, and suggests strategies to strengthen substantive representation of women.Less
This book explores the complex relationship between women’s presence and impact in two strikingly different, consecutive congresses. Drawing on hundreds of elite interviews and archival information, the case studies of three highly visible policy areas (reproductive rights, women’s health, and health care policy) move beyond the question of ‘Do women make a difference?’ to confront the oft-ignored, contested issues surrounding gender difference and impact: its probabilistic nature, contested legitimacy, and disputed meaning. The analysis enhances understanding of how gendered forces at the individual, institutional, and societal levels combine to reinforce and redefine gendered relationships to power in the public sphere, and suggests strategies to strengthen substantive representation of women.
Antoinette Burton
- Published in print:
- 2003
- Published Online:
- January 2010
- ISBN:
- 9780195144253
- eISBN:
- 9780199871919
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195144253.001.0001
- Subject:
- History, Middle East History
This book uses the writing of three 20th century Indian women to interrogate the status of the traditional archive, reading their memoirs, fictions, and histories as counter-narratives of colonial ...
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This book uses the writing of three 20th century Indian women to interrogate the status of the traditional archive, reading their memoirs, fictions, and histories as counter-narratives of colonial modernity. Janaki Majumdar was the daughter of the first president of the Indian National Congress. Her unpublished “Family History” (1935) stages the story of her parents' transnational marriage as a series of homes the family inhabited in Britain and India — thereby providing a heretofore unavailable narrative of the domestic face of 19th century Indian nationalism. Cornelia Sorabji was one of the first Indian women to qualify for the bar. Her memoirs (1934 and 1936) demonstrate her determination to rescue the zenana (women's quarters) and purdahnashin (secluded women) from the recesses of the orthodox home in order to counter the emancipationist claims of Gandhian nationalism. Last but not least, Attia Hosain's 1961 novel, Sunlight on Broken Column, represents the violence and trauma of partition through the biography of a young heroine called Laila and her family home. Taken together, their writings raise questions about what counts as an archive, offering insights into the relationship of women to memory and history, gender to fact and fiction, and feminism to nationalism and postcolonialism.Less
This book uses the writing of three 20th century Indian women to interrogate the status of the traditional archive, reading their memoirs, fictions, and histories as counter-narratives of colonial modernity. Janaki Majumdar was the daughter of the first president of the Indian National Congress. Her unpublished “Family History” (1935) stages the story of her parents' transnational marriage as a series of homes the family inhabited in Britain and India — thereby providing a heretofore unavailable narrative of the domestic face of 19th century Indian nationalism. Cornelia Sorabji was one of the first Indian women to qualify for the bar. Her memoirs (1934 and 1936) demonstrate her determination to rescue the zenana (women's quarters) and purdahnashin (secluded women) from the recesses of the orthodox home in order to counter the emancipationist claims of Gandhian nationalism. Last but not least, Attia Hosain's 1961 novel, Sunlight on Broken Column, represents the violence and trauma of partition through the biography of a young heroine called Laila and her family home. Taken together, their writings raise questions about what counts as an archive, offering insights into the relationship of women to memory and history, gender to fact and fiction, and feminism to nationalism and postcolonialism.
Samuel Issacharoff and Anna Morawiec Mansfield
- Published in print:
- 2006
- Published Online:
- May 2006
- ISBN:
- 9780199291922
- eISBN:
- 9780191603716
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199291926.003.0009
- Subject:
- Political Science, International Relations and Politics
The September 11th Victims Compensation Fund can only hesitatingly find its place within a comprehensive study of reparation programs. While the origin of the Fund lies in the political exigencies ...
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The September 11th Victims Compensation Fund can only hesitatingly find its place within a comprehensive study of reparation programs. While the origin of the Fund lies in the political exigencies surrounding a perceived threat to the security of the United States, it more accurately reflects the desire by the U.S. Congress to ensure the viability of its nation’s air carriers. Unlike traditional reparations which are closely related to a process of social reintegration of the victim, fostering civic trust and social solidarity, the Fund was not established to bring justice to the victims of the terrorist attacks on September 11, 2001. Also, unlike traditional reparations, the Fund did not seek to serve as a mechanism of corrective or distributive justice as a result of an authoritarian domestic regime or internal conflict. It was initially created out of fear that recourse to the U.S. courts would threaten the precarious financial health of the airline industry. Implicitly, however, such pragmatism reflected a desire by lawmakers that the government be seen as doing all it could to ease the pain of those who suffered so greatly on September 11, 2001. Initial motivations for the program aside, there is no question that the compensation scheme has since taken on a life of its own. Ultimately, the Fund’s contribution to any reparations case-study lies in its cautionary tale about the creation of elaborate administrative schemes that try to individualize recoveries as the mechanisms through which to compensate victims.Less
The September 11th Victims Compensation Fund can only hesitatingly find its place within a comprehensive study of reparation programs. While the origin of the Fund lies in the political exigencies surrounding a perceived threat to the security of the United States, it more accurately reflects the desire by the U.S. Congress to ensure the viability of its nation’s air carriers. Unlike traditional reparations which are closely related to a process of social reintegration of the victim, fostering civic trust and social solidarity, the Fund was not established to bring justice to the victims of the terrorist attacks on September 11, 2001. Also, unlike traditional reparations, the Fund did not seek to serve as a mechanism of corrective or distributive justice as a result of an authoritarian domestic regime or internal conflict. It was initially created out of fear that recourse to the U.S. courts would threaten the precarious financial health of the airline industry. Implicitly, however, such pragmatism reflected a desire by lawmakers that the government be seen as doing all it could to ease the pain of those who suffered so greatly on September 11, 2001. Initial motivations for the program aside, there is no question that the compensation scheme has since taken on a life of its own. Ultimately, the Fund’s contribution to any reparations case-study lies in its cautionary tale about the creation of elaborate administrative schemes that try to individualize recoveries as the mechanisms through which to compensate victims.
Ian Clark
- Published in print:
- 2007
- Published Online:
- May 2007
- ISBN:
- 9780199297009
- eISBN:
- 9780191711428
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199297009.003.0003
- Subject:
- Political Science, International Relations and Politics
The first case study is the Declaration against the slave trade made as part of the Congress of Vienna in 1815. How and why did this become an international concern, and with what results? The ...
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The first case study is the Declaration against the slave trade made as part of the Congress of Vienna in 1815. How and why did this become an international concern, and with what results? The chapter analyses how the international diplomacy of slave trade abolition was interconnected with the domestic political pressures brought to bear, especially upon the British government, by William Wilberforce and the Abolition Society, especially when the terms of the first Treaty of Paris became known. It explores the combination of interest and principle in Castlereagh's foreign policy. It describes the nature and the methods of the transnational movement against the slave trade. Critically, however, the chapter also insists that the international Declaration against the trade established a new normative framework, intended as it was to shame those who would flout its provisions. The articulation of an accepted international legitimacy principle against the trade was to be of major importance in the longer term.Less
The first case study is the Declaration against the slave trade made as part of the Congress of Vienna in 1815. How and why did this become an international concern, and with what results? The chapter analyses how the international diplomacy of slave trade abolition was interconnected with the domestic political pressures brought to bear, especially upon the British government, by William Wilberforce and the Abolition Society, especially when the terms of the first Treaty of Paris became known. It explores the combination of interest and principle in Castlereagh's foreign policy. It describes the nature and the methods of the transnational movement against the slave trade. Critically, however, the chapter also insists that the international Declaration against the trade established a new normative framework, intended as it was to shame those who would flout its provisions. The articulation of an accepted international legitimacy principle against the trade was to be of major importance in the longer term.
Ian Clark
- Published in print:
- 2007
- Published Online:
- May 2007
- ISBN:
- 9780199297009
- eISBN:
- 9780191711428
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199297009.003.0005
- Subject:
- Political Science, International Relations and Politics
This is the exceptional case in that the proposal to include a racial equality clause in the League Covenant was rejected. On the other hand, this is another case where the norm was supported by a ...
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This is the exceptional case in that the proposal to include a racial equality clause in the League Covenant was rejected. On the other hand, this is another case where the norm was supported by a leading state (Japan), in conjunction with a wider world society movement. The drafting history casts doubts on Japanese motives for pressing the proposal, but the failure reflects the relative weakness of Japan as a normative sponsor. While opposition to the clause certainly came from Britain, in response to pressure from parts of the empire, President Wilson's own position was ambiguous, and he certainly was not prepared to risk the Treaty of Versailles (and the League Covenant) to include it. There was a widespread pressure to hold a Pan-African Congress at Paris to coincide with the settlement. However, the Japanese delegate Baron Makino expressed a number of interesting normative arguments in support of the clause, appealing to the blurring of the distinction between international and world society brought about by the principle of collective security.Less
This is the exceptional case in that the proposal to include a racial equality clause in the League Covenant was rejected. On the other hand, this is another case where the norm was supported by a leading state (Japan), in conjunction with a wider world society movement. The drafting history casts doubts on Japanese motives for pressing the proposal, but the failure reflects the relative weakness of Japan as a normative sponsor. While opposition to the clause certainly came from Britain, in response to pressure from parts of the empire, President Wilson's own position was ambiguous, and he certainly was not prepared to risk the Treaty of Versailles (and the League Covenant) to include it. There was a widespread pressure to hold a Pan-African Congress at Paris to coincide with the settlement. However, the Japanese delegate Baron Makino expressed a number of interesting normative arguments in support of the clause, appealing to the blurring of the distinction between international and world society brought about by the principle of collective security.
Max. M Edling
- Published in print:
- 2003
- Published Online:
- January 2005
- ISBN:
- 9780195148701
- eISBN:
- 9780199835096
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195148703.003.0006
- Subject:
- Political Science, American Politics
Chapter 5 and the corresponding Ch. 10 in Part Three of the book provide background accounts of political development in the USA from the American War of Independence to the Philadelphia Convention, ...
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Chapter 5 and the corresponding Ch. 10 in Part Three of the book provide background accounts of political development in the USA from the American War of Independence to the Philadelphia Convention, and establish that, by 1787, Congress was marked by military weakness and financial insolvency. Here, the background is given to the conflict between the Federalists and the Antifederalists over the military clauses of the US Constitution, a conflict that is analyzed in Chs 6–8 (the debate over the fiscal clauses is analyzed in Part Three of the book). It is argued that two principles frustrated the ability of the Confederation Congress to provide the union with the military capacity it needed to function: first, the sovereignty of the states; and, second, the strong aversion in the American political tradition to a peacetime standing army. In the end, these principles led Congress to become passive in foreign affairs. Ends with an attempt to locate the Federalist demand for an improved military capacity of the national state not in the context of militarism, but in the context of the promotion of commerce.Less
Chapter 5 and the corresponding Ch. 10 in Part Three of the book provide background accounts of political development in the USA from the American War of Independence to the Philadelphia Convention, and establish that, by 1787, Congress was marked by military weakness and financial insolvency. Here, the background is given to the conflict between the Federalists and the Antifederalists over the military clauses of the US Constitution, a conflict that is analyzed in Chs 6–8 (the debate over the fiscal clauses is analyzed in Part Three of the book). It is argued that two principles frustrated the ability of the Confederation Congress to provide the union with the military capacity it needed to function: first, the sovereignty of the states; and, second, the strong aversion in the American political tradition to a peacetime standing army. In the end, these principles led Congress to become passive in foreign affairs. Ends with an attempt to locate the Federalist demand for an improved military capacity of the national state not in the context of militarism, but in the context of the promotion of commerce.
Michael A. Bailey and Forrest Maltzman
- Published in print:
- 2011
- Published Online:
- October 2017
- ISBN:
- 9780691151045
- eISBN:
- 9781400840267
- Item type:
- book
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691151045.001.0001
- Subject:
- Law, Legal History
How do Supreme Court justices decide their cases? Do they follow their policy preferences? Or are they constrained by the law and by other political actors? This book combines new theoretical ...
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How do Supreme Court justices decide their cases? Do they follow their policy preferences? Or are they constrained by the law and by other political actors? This book combines new theoretical insights and extensive data analysis to show that law and politics together shape the behavior of justices on the Supreme Court. The book shows how two types of constraints have influenced the decision making of the modern Court. First, the book documents that important legal doctrines, such as respect for precedents, have influenced every justice since 1950. The book finds considerable variation in how these doctrines affect each justice, variation due in part to the differing experiences justices have brought to the bench. Second, it shows that justices are constrained by political factors. Justices are not isolated from what happens in the legislative and executive branches, and instead respond in predictable ways to changes in the preferences of Congress and the president. This book shatters the myth that justices are unconstrained actors who pursue their personal policy preferences at all costs. By showing how law and politics interact in the construction of American law, this book sheds new light on the unique role that the Supreme Court plays in the constitutional order.Less
How do Supreme Court justices decide their cases? Do they follow their policy preferences? Or are they constrained by the law and by other political actors? This book combines new theoretical insights and extensive data analysis to show that law and politics together shape the behavior of justices on the Supreme Court. The book shows how two types of constraints have influenced the decision making of the modern Court. First, the book documents that important legal doctrines, such as respect for precedents, have influenced every justice since 1950. The book finds considerable variation in how these doctrines affect each justice, variation due in part to the differing experiences justices have brought to the bench. Second, it shows that justices are constrained by political factors. Justices are not isolated from what happens in the legislative and executive branches, and instead respond in predictable ways to changes in the preferences of Congress and the president. This book shatters the myth that justices are unconstrained actors who pursue their personal policy preferences at all costs. By showing how law and politics interact in the construction of American law, this book sheds new light on the unique role that the Supreme Court plays in the constitutional order.
Andreas Osiander
- Published in print:
- 1994
- Published Online:
- October 2011
- ISBN:
- 9780198278870
- eISBN:
- 9780191684258
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198278870.001.0001
- Subject:
- Political Science, International Relations and Politics
This book looks at the four major European peace congresses: Munster and Osnabrück (1644–1648), Utrecht (1712–1715), Vienna (1814–1815), and Paris (1919–1920) and shows how a prevailing consensus on ...
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This book looks at the four major European peace congresses: Munster and Osnabrück (1644–1648), Utrecht (1712–1715), Vienna (1814–1815), and Paris (1919–1920) and shows how a prevailing consensus on certain structural concepts — such as the balance of power or national self-determination — has influenced the evolution of the system and determined its stability or lack of stability. It argues that the structure of the international system is neither a given quantity nor determined primarily by conflict between international actors, but essentially the result of a general agreement expressed in ‘consensus principles’; these influence the identity of the international actors, their relative status, and the distribution of populations and territories between them. The book concludes with a review of the period since 1920.Less
This book looks at the four major European peace congresses: Munster and Osnabrück (1644–1648), Utrecht (1712–1715), Vienna (1814–1815), and Paris (1919–1920) and shows how a prevailing consensus on certain structural concepts — such as the balance of power or national self-determination — has influenced the evolution of the system and determined its stability or lack of stability. It argues that the structure of the international system is neither a given quantity nor determined primarily by conflict between international actors, but essentially the result of a general agreement expressed in ‘consensus principles’; these influence the identity of the international actors, their relative status, and the distribution of populations and territories between them. The book concludes with a review of the period since 1920.
William G. Howell and Douglas L. Kriner
- Published in print:
- 2007
- Published Online:
- September 2007
- ISBN:
- 9780199217977
- eISBN:
- 9780191711541
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199217977.003.0004
- Subject:
- Political Science, American Politics
This chapter focuses on congressional efforts to curtail the president's foreign policy over terrorism and the Middle East, almost all of which has been unilaterally instituted. With a series of case ...
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This chapter focuses on congressional efforts to curtail the president's foreign policy over terrorism and the Middle East, almost all of which has been unilaterally instituted. With a series of case studies and new experimental survey data, it is shown that congressional opposition to the president systematically influences the willingness of average citizens to support the president's military campaigns abroad and, moreover, that such opposition has occasionally induced the president to back off from his preferred policies. So doing, it demonstrates that congressional checks on presidential war powers, though certainly diminished, remain a core feature of unilateral politics.Less
This chapter focuses on congressional efforts to curtail the president's foreign policy over terrorism and the Middle East, almost all of which has been unilaterally instituted. With a series of case studies and new experimental survey data, it is shown that congressional opposition to the president systematically influences the willingness of average citizens to support the president's military campaigns abroad and, moreover, that such opposition has occasionally induced the president to back off from his preferred policies. So doing, it demonstrates that congressional checks on presidential war powers, though certainly diminished, remain a core feature of unilateral politics.
Richard English
- Published in print:
- 1994
- Published Online:
- October 2011
- ISBN:
- 9780198202899
- eISBN:
- 9780191675577
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198202899.001.0001
- Subject:
- History, British and Irish Modern History, Political History
This book studies socialist republicanism in independent Ireland between the wars. The 1934 Republican Congress movement exemplified the socialist republican stance, holding that a Republic of a ...
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This book studies socialist republicanism in independent Ireland between the wars. The 1934 Republican Congress movement exemplified the socialist republican stance, holding that a Republic of a united Ireland will never be achieved except through a struggle which uproots capitalism on its way. This book demonstrates that the contradictory analysis which characterized the republican left during these years explains its political failure. It explores the mentality which typified republicans during the formative years of independent Ireland, and shows how their solipsistic zealotry was simultaneously self-sustaining and self-defeating. The book examines the complex relationship between economics and nationalism in the Irish Free State and the way in which this relationship determined the policies and success of the dominant Fianna Fáil party.Less
This book studies socialist republicanism in independent Ireland between the wars. The 1934 Republican Congress movement exemplified the socialist republican stance, holding that a Republic of a united Ireland will never be achieved except through a struggle which uproots capitalism on its way. This book demonstrates that the contradictory analysis which characterized the republican left during these years explains its political failure. It explores the mentality which typified republicans during the formative years of independent Ireland, and shows how their solipsistic zealotry was simultaneously self-sustaining and self-defeating. The book examines the complex relationship between economics and nationalism in the Irish Free State and the way in which this relationship determined the policies and success of the dominant Fianna Fáil party.
Evan Mawdsley and Stephen White
- Published in print:
- 2000
- Published Online:
- November 2003
- ISBN:
- 9780198297383
- eISBN:
- 9780191599842
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198297386.001.0001
- Subject:
- Political Science, Russian Politics
The USSR was dominated by its ruling Communist Party, and the party was in turn dominated by a political elite that was represented in its Central Committee. Nearly two thousand individuals were ...
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The USSR was dominated by its ruling Communist Party, and the party was in turn dominated by a political elite that was represented in its Central Committee. Nearly two thousand individuals were members of the Central Committee between 1917 and 1991, who may be divided into four distinct political generations from the professional revolutionaries born in the late nineteenth century to the post‐war generation that was beginning to enter the political elite in the Gorbachev years. There were considerable variations over time in the characteristics of the Central Committee, including the extent to which its membership was replaced at successive party congresses. But a close relationship developed between particular occupational positions and Central Committee membership, a ‘job‐slot’ system that lasted until the final years of communist rule. The Central Committee as an institution was generally marginal to the political process. But it met more frequently and took more decisions in the 1920s and late 1980s, and on several occasions, its meetings were decisive in resolving leadership conflicts; they also ventilated policy alternatives, and sometimes disagreements. In the last years of communist rule, the elite sought increasingly to transform their positions of political power into the more enduring advantage of property, and this allowed many of them to maintain their elite status into the post‐communist period. As well as printed sources, the study draws on recently opened party archives and about a hundred interviews with members of the Brezhnev‐era Central Committee.Less
The USSR was dominated by its ruling Communist Party, and the party was in turn dominated by a political elite that was represented in its Central Committee. Nearly two thousand individuals were members of the Central Committee between 1917 and 1991, who may be divided into four distinct political generations from the professional revolutionaries born in the late nineteenth century to the post‐war generation that was beginning to enter the political elite in the Gorbachev years. There were considerable variations over time in the characteristics of the Central Committee, including the extent to which its membership was replaced at successive party congresses. But a close relationship developed between particular occupational positions and Central Committee membership, a ‘job‐slot’ system that lasted until the final years of communist rule. The Central Committee as an institution was generally marginal to the political process. But it met more frequently and took more decisions in the 1920s and late 1980s, and on several occasions, its meetings were decisive in resolving leadership conflicts; they also ventilated policy alternatives, and sometimes disagreements. In the last years of communist rule, the elite sought increasingly to transform their positions of political power into the more enduring advantage of property, and this allowed many of them to maintain their elite status into the post‐communist period. As well as printed sources, the study draws on recently opened party archives and about a hundred interviews with members of the Brezhnev‐era Central Committee.
Ted Gest
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780195103434
- eISBN:
- 9780199833887
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195103432.001.0001
- Subject:
- Political Science, American Politics
The crime rate in the US has exploded since 1960. Despite decreases in recent years, reported violence in 2001 exceeded the levels of the late 1970s. Government at all levels has tried to address the ...
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The crime rate in the US has exploded since 1960. Despite decreases in recent years, reported violence in 2001 exceeded the levels of the late 1970s. Government at all levels has tried to address the crime problem, with mixed success. Police forces that formerly focused on patrol cars’ responding to citizen calls embraced the proactive approach of community policing; courts set up specialized branches, hearing cases relating to narcotics, guns, and domestic violence; criminal sentences sharply increased, filling prisons and jails with more than 2 million people. Yet, crime rates continue to rise and fall, seemingly without regard to government programs. Strikingly, little evidence has been collected about which anticrime activities are truly effective and which are not. Instead, members of Congress and state legislators, who set the tone for the fight against crime, tend to base their actions on what sounds good in political advertisements rather than what has proved to work through scientific experiment. Still, there are a number of promising ideas in law enforcement, juvenile crime, corrections, and other areas that could help prevent crime if they could obtain adequate financial support.Less
The crime rate in the US has exploded since 1960. Despite decreases in recent years, reported violence in 2001 exceeded the levels of the late 1970s. Government at all levels has tried to address the crime problem, with mixed success. Police forces that formerly focused on patrol cars’ responding to citizen calls embraced the proactive approach of community policing; courts set up specialized branches, hearing cases relating to narcotics, guns, and domestic violence; criminal sentences sharply increased, filling prisons and jails with more than 2 million people. Yet, crime rates continue to rise and fall, seemingly without regard to government programs. Strikingly, little evidence has been collected about which anticrime activities are truly effective and which are not. Instead, members of Congress and state legislators, who set the tone for the fight against crime, tend to base their actions on what sounds good in political advertisements rather than what has proved to work through scientific experiment. Still, there are a number of promising ideas in law enforcement, juvenile crime, corrections, and other areas that could help prevent crime if they could obtain adequate financial support.
Michael J. Gerhardt
- Published in print:
- 2008
- Published Online:
- May 2008
- ISBN:
- 9780195150506
- eISBN:
- 9780199871131
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195150506.003.0005
- Subject:
- Political Science, American Politics
This chapter suggests that precedent is often discounted as a source in constitutional decision making because it is usually understood narrowly as judicial decisions. But it shows that a broader ...
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This chapter suggests that precedent is often discounted as a source in constitutional decision making because it is usually understood narrowly as judicial decisions. But it shows that a broader definition of precedent encompasses nonjudicial precedent (any of the past constitutional judgments of nonjudicial actors which judicial or other authorities seek to invest with normative power). It shows how nonjudicial precedent is important not only to courts, but to nonjudicial actors.Less
This chapter suggests that precedent is often discounted as a source in constitutional decision making because it is usually understood narrowly as judicial decisions. But it shows that a broader definition of precedent encompasses nonjudicial precedent (any of the past constitutional judgments of nonjudicial actors which judicial or other authorities seek to invest with normative power). It shows how nonjudicial precedent is important not only to courts, but to nonjudicial actors.
Lisa L. Miller
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780195331684
- eISBN:
- 9780199867967
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195331684.003.0003
- Subject:
- Political Science, American Politics
Drawing on three datasets of congressional hearings on crime, this chapter offers a picture of the interest group environment at the national level that is decidedly skewed toward government ...
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Drawing on three datasets of congressional hearings on crime, this chapter offers a picture of the interest group environment at the national level that is decidedly skewed toward government bureaucracies, particularly criminal justice agents, and narrow, highly mobilized single-issue citizen groups, for example gun rights advocates and opponents, the National Organization for Women, and the American Civil Liberties Union. The interest group environment is highly delocalized in character and voice, with very few groups representing low-income minorities or the urban poor. This chapter pays particular attention to drugs, crime prevention, juvenile delinquency, and policing as key crime and justice issues that are of particular importance to those most at risk of victimization and finds that urban minorities are largely absent from these policy debates, replaced by police and prosecutors and narrow single-issue citizen groups.Less
Drawing on three datasets of congressional hearings on crime, this chapter offers a picture of the interest group environment at the national level that is decidedly skewed toward government bureaucracies, particularly criminal justice agents, and narrow, highly mobilized single-issue citizen groups, for example gun rights advocates and opponents, the National Organization for Women, and the American Civil Liberties Union. The interest group environment is highly delocalized in character and voice, with very few groups representing low-income minorities or the urban poor. This chapter pays particular attention to drugs, crime prevention, juvenile delinquency, and policing as key crime and justice issues that are of particular importance to those most at risk of victimization and finds that urban minorities are largely absent from these policy debates, replaced by police and prosecutors and narrow single-issue citizen groups.
Padraig O'Malley
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780199244348
- eISBN:
- 9780191599866
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199244340.003.0012
- Subject:
- Political Science, UK Politics
Compares Northern Ireland's peace process with the transition to democracy in South Africa. The chapter details the ways in which Northern Ireland's political elites learnt from South Africa's ...
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Compares Northern Ireland's peace process with the transition to democracy in South Africa. The chapter details the ways in which Northern Ireland's political elites learnt from South Africa's negotiations, and argues that they have more to learn. It squarely rejects the claim of Irish republican militants that their position is analogous to that of South Africa's African National Congress.Less
Compares Northern Ireland's peace process with the transition to democracy in South Africa. The chapter details the ways in which Northern Ireland's political elites learnt from South Africa's negotiations, and argues that they have more to learn. It squarely rejects the claim of Irish republican militants that their position is analogous to that of South Africa's African National Congress.
Linda L. Fowler
- Published in print:
- 2015
- Published Online:
- October 2017
- ISBN:
- 9780691151618
- eISBN:
- 9781400866465
- Item type:
- book
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691151618.001.0001
- Subject:
- Political Science, American Politics
An essential responsibility of the U.S. Congress is holding the president accountable for the conduct of foreign policy. This book evaluates how the legislature's most visible and important watchdogs ...
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An essential responsibility of the U.S. Congress is holding the president accountable for the conduct of foreign policy. This book evaluates how the legislature's most visible and important watchdogs performed from the mid-twentieth century to the present. The book finds a noticeable reduction in public and secret hearings since the mid-1990s and establishes that U.S. foreign policy frequently violated basic conditions for democratic accountability. Committee scrutiny of the wars in Iraq and Afghanistan, the book notes, fell below levels of oversight in prior major conflicts. It attributes the drop in watchdog activity to growing disinterest among senators in committee work, biases among members who join the Senate Armed Services and Foreign Relations committees, and motives that shield presidents, particularly Republicans, from public inquiry. The book's detailed case studies of the Truman Doctrine, Vietnam War, Panama Canal Treaty, humanitarian mission in Somalia, and Iraq War illustrate the importance of oversight in generating the information citizens need to judge the president's national security policies. It argues for a reassessment of congressional war powers and proposes reforms to encourage Senate watchdogs to improve public deliberation about decisions of war and peace. It investigates America's oversight of national security and its critical place in the review of congressional and presidential powers in foreign policy.Less
An essential responsibility of the U.S. Congress is holding the president accountable for the conduct of foreign policy. This book evaluates how the legislature's most visible and important watchdogs performed from the mid-twentieth century to the present. The book finds a noticeable reduction in public and secret hearings since the mid-1990s and establishes that U.S. foreign policy frequently violated basic conditions for democratic accountability. Committee scrutiny of the wars in Iraq and Afghanistan, the book notes, fell below levels of oversight in prior major conflicts. It attributes the drop in watchdog activity to growing disinterest among senators in committee work, biases among members who join the Senate Armed Services and Foreign Relations committees, and motives that shield presidents, particularly Republicans, from public inquiry. The book's detailed case studies of the Truman Doctrine, Vietnam War, Panama Canal Treaty, humanitarian mission in Somalia, and Iraq War illustrate the importance of oversight in generating the information citizens need to judge the president's national security policies. It argues for a reassessment of congressional war powers and proposes reforms to encourage Senate watchdogs to improve public deliberation about decisions of war and peace. It investigates America's oversight of national security and its critical place in the review of congressional and presidential powers in foreign policy.
Jeffery A. Jenkins and Charles Stewart
- Published in print:
- 2012
- Published Online:
- October 2017
- ISBN:
- 9780691118123
- eISBN:
- 9781400845460
- Item type:
- book
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691118123.001.0001
- Subject:
- Political Science, Political Theory
The Speaker of the House of Representatives is the most powerful partisan figure in the contemporary U.S. Congress. How this came to be, and how the majority party in the House has made control of ...
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The Speaker of the House of Representatives is the most powerful partisan figure in the contemporary U.S. Congress. How this came to be, and how the majority party in the House has made control of the speakership a routine matter, is far from straightforward. This book provides a comprehensive history of how speakers have been elected in the U.S. House since 1789, arguing that the organizational politics of these elections were critical to the construction of mass political parties in America and laid the groundwork for the role they play in setting the agenda of Congress today. The book shows how the speakership began as a relatively weak office, and how votes for Speaker prior to the Civil War often favored regional interests over party loyalty. While struggle, contention, and deadlock over House organization were common in the antebellum era, such instability vanished with the outbreak of war, as the majority party became an “organizational cartel” capable of controlling with certainty the selection of the Speaker and other key House officers. This organizational cartel has survived Gilded Age partisan strife, Progressive Era challenge, and conservative coalition politics to guide speakership elections through the present day. This book reveals how struggles over House organization prior to the Civil War were among the most consequential turning points in American political history.Less
The Speaker of the House of Representatives is the most powerful partisan figure in the contemporary U.S. Congress. How this came to be, and how the majority party in the House has made control of the speakership a routine matter, is far from straightforward. This book provides a comprehensive history of how speakers have been elected in the U.S. House since 1789, arguing that the organizational politics of these elections were critical to the construction of mass political parties in America and laid the groundwork for the role they play in setting the agenda of Congress today. The book shows how the speakership began as a relatively weak office, and how votes for Speaker prior to the Civil War often favored regional interests over party loyalty. While struggle, contention, and deadlock over House organization were common in the antebellum era, such instability vanished with the outbreak of war, as the majority party became an “organizational cartel” capable of controlling with certainty the selection of the Speaker and other key House officers. This organizational cartel has survived Gilded Age partisan strife, Progressive Era challenge, and conservative coalition politics to guide speakership elections through the present day. This book reveals how struggles over House organization prior to the Civil War were among the most consequential turning points in American political history.
Max. M Edling
- Published in print:
- 2003
- Published Online:
- January 2005
- ISBN:
- 9780195148701
- eISBN:
- 9780199835096
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195148703.003.0007
- Subject:
- Political Science, American Politics
Chapter 6 and the corresponding Ch. 11 in Part Three of the book provide the layout of the Federalist argument that Congress had to possess an unlimited power to raise men and money from American ...
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Chapter 6 and the corresponding Ch. 11 in Part Three of the book provide the layout of the Federalist argument that Congress had to possess an unlimited power to raise men and money from American society without any intervention from the states. While the following chapter looks more closely at Antifederalist objections to the military clauses of the U S Constitution, here the concern is only with the proposals for amendments to the Constitution that Antifederalists suggested, or that Federalists suggested as concessions to Antifederalist objections; the purpose of the chapter is to address the question of why the Federalists refused to accept limits to the army clauses of the Constitution. When the first Congress presented the states with the proposal for what would become the Bill of Rights, this contained a guarantee against the disarmament of the people, as well as a specification of what was involved in Congress's power to govern state militias; it also contained a restriction on the right of the national government to quarter troops in private houses. The first ten amendments, however, made no attempt to restrict the right of the national government to raise an army, and not because of oversight, since neither James Madison, nor anyone else present at the first Congress, could have been unaware of the strong reservations that Antifederalists had expressed against the unlimited power to raise and maintain armies that the Constitution vested in Congress. This power was central to the national state that the Federalists attempted to form, and in the debate over ratification they made clear why no limits could be placed on Congress's power of military mobilization.Less
Chapter 6 and the corresponding Ch. 11 in Part Three of the book provide the layout of the Federalist argument that Congress had to possess an unlimited power to raise men and money from American society without any intervention from the states. While the following chapter looks more closely at Antifederalist objections to the military clauses of the U S Constitution, here the concern is only with the proposals for amendments to the Constitution that Antifederalists suggested, or that Federalists suggested as concessions to Antifederalist objections; the purpose of the chapter is to address the question of why the Federalists refused to accept limits to the army clauses of the Constitution. When the first Congress presented the states with the proposal for what would become the Bill of Rights, this contained a guarantee against the disarmament of the people, as well as a specification of what was involved in Congress's power to govern state militias; it also contained a restriction on the right of the national government to quarter troops in private houses. The first ten amendments, however, made no attempt to restrict the right of the national government to raise an army, and not because of oversight, since neither James Madison, nor anyone else present at the first Congress, could have been unaware of the strong reservations that Antifederalists had expressed against the unlimited power to raise and maintain armies that the Constitution vested in Congress. This power was central to the national state that the Federalists attempted to form, and in the debate over ratification they made clear why no limits could be placed on Congress's power of military mobilization.
Max. M Edling
- Published in print:
- 2003
- Published Online:
- January 2005
- ISBN:
- 9780195148701
- eISBN:
- 9780199835096
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195148703.003.0008
- Subject:
- Political Science, American Politics
Chapter 7 and the corresponding Ch. 12 in Part Three of the book present the Antifederalist objections to a stronger national government in the “fiscal‐military” sphere, with this chapter looking ...
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Chapter 7 and the corresponding Ch. 12 in Part Three of the book present the Antifederalist objections to a stronger national government in the “fiscal‐military” sphere, with this chapter looking closely at Antifederalist objections to the military clauses of the US Constitution. The opponents of the Constitution never accepted the Federalist claim that the independence, liberty, and prosperity of the American republic depended on the creation and maintenance of a peace establishment consisting of regular troops, and did not believe that the union faced as serious threats as the Federalists claimed, keeping to the view that standing armies in time of peace were a threat to liberty. Both ancient and modern history had taught that “almost all” nations in Europe and Asia had lost their liberty because of the establishment of a standing army, so it hardly made sense for Americans to imitate them. To Antifederalists, it seemed that if the military clauses of the Constitution were adopted and the Federalists realized their plan to raise a standing army, the people of America would soon find that the Constitution's supporters would make use of it on the domestic rather than the international scene. The Antifederalist criticism of the army clauses therefore said little about commercial treaties and the importance of military strength in international relations; instead, they approached the issue from the traditional British Country perspective, claiming that standing armies in time of peace posed a threat to liberty, that transfer of military power from the states to Congress threatened both the state militia and the state assemblies, and that a standing army would make it possible for the national government to deprive people of their property without their consent by levying and collecting arbitrary taxes – in other words, a standing army in a time of peace was to the Antifederalists an objection to the centralization of power at the expense of the people's ability to withhold consent through their control of strong local institutions.Less
Chapter 7 and the corresponding Ch. 12 in Part Three of the book present the Antifederalist objections to a stronger national government in the “fiscal‐military” sphere, with this chapter looking closely at Antifederalist objections to the military clauses of the US Constitution. The opponents of the Constitution never accepted the Federalist claim that the independence, liberty, and prosperity of the American republic depended on the creation and maintenance of a peace establishment consisting of regular troops, and did not believe that the union faced as serious threats as the Federalists claimed, keeping to the view that standing armies in time of peace were a threat to liberty. Both ancient and modern history had taught that “almost all” nations in Europe and Asia had lost their liberty because of the establishment of a standing army, so it hardly made sense for Americans to imitate them. To Antifederalists, it seemed that if the military clauses of the Constitution were adopted and the Federalists realized their plan to raise a standing army, the people of America would soon find that the Constitution's supporters would make use of it on the domestic rather than the international scene. The Antifederalist criticism of the army clauses therefore said little about commercial treaties and the importance of military strength in international relations; instead, they approached the issue from the traditional British Country perspective, claiming that standing armies in time of peace posed a threat to liberty, that transfer of military power from the states to Congress threatened both the state militia and the state assemblies, and that a standing army would make it possible for the national government to deprive people of their property without their consent by levying and collecting arbitrary taxes – in other words, a standing army in a time of peace was to the Antifederalists an objection to the centralization of power at the expense of the people's ability to withhold consent through their control of strong local institutions.
Max. M Edling
- Published in print:
- 2003
- Published Online:
- January 2005
- ISBN:
- 9780195148701
- eISBN:
- 9780199835096
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195148703.003.0011
- Subject:
- Political Science, American Politics
Provides background accounts of political development in the USA from the American War of Independence to the Philadelphia Convention, and establish that, by 1787, Congress was marked by military ...
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Provides background accounts of political development in the USA from the American War of Independence to the Philadelphia Convention, and establish that, by 1787, Congress was marked by military weakness and financial insolvency. Here, an account is given of the efforts of Congress to implement the fiscal clauses of the US Constitution, which shows that the national government created by the Articles of Confederation experienced serious difficulties in its ability to raise money, and in the end failed to raise sufficient money to meet its expenses. The focus of the chapter is on the means by which Congress raised money from the outbreak of the War of Independence up to the Philadelphia Convention, and also on how, one by one, these means were lost, so that by 1787 the insolvency of the national government was total. The first two parts of the chapter describe the attempts of Congress to raise money through fiat (printed) money, loans, and taxes, with the author contending that the Federalists accepted existing restrictions to taxation and formed a tax system that would be able to generate sufficient income for the national government without putting undue pressure on the American people. The last section of the chapter looks at the problem of the public debts run up by Congress and the states during the War of Independence, and at the reasons for the federal assumption of state debts – whether they were democratic or economic – and the reasons given by the Federalists as to why Congress had to resume payment of the public domestic and foreign debt.Less
Provides background accounts of political development in the USA from the American War of Independence to the Philadelphia Convention, and establish that, by 1787, Congress was marked by military weakness and financial insolvency. Here, an account is given of the efforts of Congress to implement the fiscal clauses of the US Constitution, which shows that the national government created by the Articles of Confederation experienced serious difficulties in its ability to raise money, and in the end failed to raise sufficient money to meet its expenses. The focus of the chapter is on the means by which Congress raised money from the outbreak of the War of Independence up to the Philadelphia Convention, and also on how, one by one, these means were lost, so that by 1787 the insolvency of the national government was total. The first two parts of the chapter describe the attempts of Congress to raise money through fiat (printed) money, loans, and taxes, with the author contending that the Federalists accepted existing restrictions to taxation and formed a tax system that would be able to generate sufficient income for the national government without putting undue pressure on the American people. The last section of the chapter looks at the problem of the public debts run up by Congress and the states during the War of Independence, and at the reasons for the federal assumption of state debts – whether they were democratic or economic – and the reasons given by the Federalists as to why Congress had to resume payment of the public domestic and foreign debt.
