Sergio Fabbrini
- Published in print:
- 2007
- Published Online:
- May 2008
- ISBN:
- 9780199235612
- eISBN:
- 9780191715686
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199235612.003.0003
- Subject:
- Political Science, Comparative Politics
This chapter analyzes the institutionalization of different governmental patterns in America and the European nation-states, the former based on separation, the latter on the fusion of powers ...
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This chapter analyzes the institutionalization of different governmental patterns in America and the European nation-states, the former based on separation, the latter on the fusion of powers (institutional order). Topics discussed include the logic of separation and fusion of governmental powers, the institutionalization of the American separated system, and the institutionalization of the European fusion of power systems.Less
This chapter analyzes the institutionalization of different governmental patterns in America and the European nation-states, the former based on separation, the latter on the fusion of powers (institutional order). Topics discussed include the logic of separation and fusion of governmental powers, the institutionalization of the American separated system, and the institutionalization of the European fusion of power systems.
Andrew Reynolds
- Published in print:
- 1999
- Published Online:
- November 2003
- ISBN:
- 9780198295105
- eISBN:
- 9780191600128
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198295103.003.0005
- Subject:
- Political Science, Democratization
This is the last of four chapters that discusses the theoretical underpinnings of the research on democratization in southern Africa that is described in the book, as well as provides qualitative ...
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This is the last of four chapters that discusses the theoretical underpinnings of the research on democratization in southern Africa that is described in the book, as well as provides qualitative discussions of democracy in the five country case studies used: Malawi, Namibia, South Africa, Zambia, and Zimbabwe. It deals with the theoretical debate underlying the debate over majoritarian or power-sharing governments in divided societies. The ethos and defining institutional characteristics of five democratic types that have, at some stage, been advocated for use in the new democracies of southern Africa are outlined: three majoritarian (unadulterated, qualified, and integrative) and two power-sharing (consociational, and consensual (integrative)). The five main sections of the chapter are: Majoritarian Democracy (unadulterated and qualified; integrative); Power-Sharing Democracy (consociationalism; integrative consensual power-sharing); The Relevance of Presidentialism; Applying the Types to Fledgling Democracies in Southern Africa; and Prescriptions for Southern Africa.Less
This is the last of four chapters that discusses the theoretical underpinnings of the research on democratization in southern Africa that is described in the book, as well as provides qualitative discussions of democracy in the five country case studies used: Malawi, Namibia, South Africa, Zambia, and Zimbabwe. It deals with the theoretical debate underlying the debate over majoritarian or power-sharing governments in divided societies. The ethos and defining institutional characteristics of five democratic types that have, at some stage, been advocated for use in the new democracies of southern Africa are outlined: three majoritarian (unadulterated, qualified, and integrative) and two power-sharing (consociational, and consensual (integrative)). The five main sections of the chapter are: Majoritarian Democracy (unadulterated and qualified; integrative); Power-Sharing Democracy (consociationalism; integrative consensual power-sharing); The Relevance of Presidentialism; Applying the Types to Fledgling Democracies in Southern Africa; and Prescriptions for Southern Africa.
George C. Edwards III and Desmond S. King
- Published in print:
- 2007
- Published Online:
- September 2007
- ISBN:
- 9780199217977
- eISBN:
- 9780191711541
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199217977.003.0001
- Subject:
- Political Science, American Politics
This introductory chapter begins with a discussion of the existing legacy of George W. Bush. It then considers the divergence in views of the president and his performance, his policies, ...
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This introductory chapter begins with a discussion of the existing legacy of George W. Bush. It then considers the divergence in views of the president and his performance, his policies, decision-making, and leadership. An overview of the chapters in the volume is also presented.Less
This introductory chapter begins with a discussion of the existing legacy of George W. Bush. It then considers the divergence in views of the president and his performance, his policies, decision-making, and leadership. An overview of the chapters in the volume is also presented.
Kimberley Johnson
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780195387421
- eISBN:
- 9780199776771
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195387421.003.0004
- Subject:
- Political Science, American Politics
This chapter explores how Jim Crow reformers, energized by the New Deal and with access to its resources, attempted to further centralize government power in a political order that was characterized ...
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This chapter explores how Jim Crow reformers, energized by the New Deal and with access to its resources, attempted to further centralize government power in a political order that was characterized by a pervasive localism and general hostility toward government power. Although southern New Dealers played an important role in pushing for state-level administrative reform, university-based reformers and northern foundations also played a critical and largely overlooked role in this attempt to reshape and modernize southern state government. Their awkward position as critics of the state as well as state functionaries reflected the contradictory position in which many reformers found themselves. In the end, reformers' attempts to reorient government power toward the needs of the South's have-nots faltered on the reformers' lack of political power and their inability as servants of the state to directly address issues of power and race.Less
This chapter explores how Jim Crow reformers, energized by the New Deal and with access to its resources, attempted to further centralize government power in a political order that was characterized by a pervasive localism and general hostility toward government power. Although southern New Dealers played an important role in pushing for state-level administrative reform, university-based reformers and northern foundations also played a critical and largely overlooked role in this attempt to reshape and modernize southern state government. Their awkward position as critics of the state as well as state functionaries reflected the contradictory position in which many reformers found themselves. In the end, reformers' attempts to reorient government power toward the needs of the South's have-nots faltered on the reformers' lack of political power and their inability as servants of the state to directly address issues of power and race.
Ole Borre and Elinor Scarbrough (eds)
- Published in print:
- 1998
- Published Online:
- November 2003
- ISBN:
- 9780198294740
- eISBN:
- 9780191598838
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198294743.001.0001
- Subject:
- Political Science, Comparative Politics
This book is the third in the ‘Beliefs in government’ series, and examines the effects of the post‐war arrival of the welfare state in the countries of Western Europe. The welfare state inaugurated a ...
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This book is the third in the ‘Beliefs in government’ series, and examines the effects of the post‐war arrival of the welfare state in the countries of Western Europe. The welfare state inaugurated a vast expansion in the role of government, which led to fears that the increased expectations of citizens would lead to government overload and to ‘ungovernability’. This book sheds new and surprising light on such fears. It begins by examining the expanding scope of government in the post‐war period. Drawing on a vast data set, stretching back over the past two decades and across Europe, it clarifies public attitudes towards the range and extent of government activity. It identifies changes in the public's political agenda, along with attitudes towards the size of government, taxation, and the equality and security goals of the welfare state. Attitudes towards government intervention in the economy, the environment, and the media are also examined. The book's final chapters assess the significance for governments of beliefs about the scope of the government.Less
This book is the third in the ‘Beliefs in government’ series, and examines the effects of the post‐war arrival of the welfare state in the countries of Western Europe. The welfare state inaugurated a vast expansion in the role of government, which led to fears that the increased expectations of citizens would lead to government overload and to ‘ungovernability’. This book sheds new and surprising light on such fears. It begins by examining the expanding scope of government in the post‐war period. Drawing on a vast data set, stretching back over the past two decades and across Europe, it clarifies public attitudes towards the range and extent of government activity. It identifies changes in the public's political agenda, along with attitudes towards the size of government, taxation, and the equality and security goals of the welfare state. Attitudes towards government intervention in the economy, the environment, and the media are also examined. The book's final chapters assess the significance for governments of beliefs about the scope of the government.
Aryeh Neier
- Published in print:
- 2012
- Published Online:
- October 2017
- ISBN:
- 9780691135151
- eISBN:
- 9781400841875
- Item type:
- book
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691135151.001.0001
- Subject:
- Sociology, Migration Studies (including Refugee Studies)
During the past several decades, the international human rights movement has had a crucial hand in the struggle against totalitarian regimes, cruelties in wars, and crimes against humanity. Today, it ...
More
During the past several decades, the international human rights movement has had a crucial hand in the struggle against totalitarian regimes, cruelties in wars, and crimes against humanity. Today, it grapples with the war against terror and subsequent abuses of government power. This book offers a comprehensive and authoritative account of this global force, from its beginnings in the seventeenth and eighteenth centuries to its essential place in world affairs today. The book combines analysis with personal experience, and gives a unique insider's perspective on the movement's goals, the disputes about its mission, and its rise to international importance. Discussing the movement's origins, the book looks at the dissenters who fought for religious freedoms in seventeenth-century England and the abolitionists who opposed slavery before the Civil War era. It pays special attention to the period from the 1970s onward, and describes the growth of the human rights movement after the Helsinki Accords, the roles played by American presidential administrations, and the astonishing Arab revolutions of 2011. The book argues that the contemporary human rights movement was, to a large extent, an outgrowth of the Cold War, and it demonstrates how it became the driving influence in international law, institutions, and rights. Throughout, the book highlights key figures, controversies, and organizations, including Amnesty International and Human Rights Watch, and considers the challenges to come.Less
During the past several decades, the international human rights movement has had a crucial hand in the struggle against totalitarian regimes, cruelties in wars, and crimes against humanity. Today, it grapples with the war against terror and subsequent abuses of government power. This book offers a comprehensive and authoritative account of this global force, from its beginnings in the seventeenth and eighteenth centuries to its essential place in world affairs today. The book combines analysis with personal experience, and gives a unique insider's perspective on the movement's goals, the disputes about its mission, and its rise to international importance. Discussing the movement's origins, the book looks at the dissenters who fought for religious freedoms in seventeenth-century England and the abolitionists who opposed slavery before the Civil War era. It pays special attention to the period from the 1970s onward, and describes the growth of the human rights movement after the Helsinki Accords, the roles played by American presidential administrations, and the astonishing Arab revolutions of 2011. The book argues that the contemporary human rights movement was, to a large extent, an outgrowth of the Cold War, and it demonstrates how it became the driving influence in international law, institutions, and rights. Throughout, the book highlights key figures, controversies, and organizations, including Amnesty International and Human Rights Watch, and considers the challenges to come.
Ellen Wright Clayton
- Published in print:
- 2000
- Published Online:
- September 2009
- ISBN:
- 9780195128307
- eISBN:
- 9780199864485
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195128307.003.0025
- Subject:
- Public Health and Epidemiology, Public Health, Epidemiology
This chapter discusses the legally defined scope of the government's powers to use genetic information to improve the public health. It begins by discussing public health law more generally before ...
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This chapter discusses the legally defined scope of the government's powers to use genetic information to improve the public health. It begins by discussing public health law more generally before turning to the particular challenges raised by genetics.Less
This chapter discusses the legally defined scope of the government's powers to use genetic information to improve the public health. It begins by discussing public health law more generally before turning to the particular challenges raised by genetics.
Nomi Claire Lazar
- Published in print:
- 2013
- Published Online:
- January 2014
- ISBN:
- 9780199965533
- eISBN:
- 9780199351343
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199965533.003.0002
- Subject:
- Law, Criminal Law and Criminology, Human Rights and Immigration
This chapter examines the history and theory of the dictatorship in the Roman Republic. It addresses the question of why Romans had such an easygoing attitude towards prerogative. It is argued that, ...
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This chapter examines the history and theory of the dictatorship in the Roman Republic. It addresses the question of why Romans had such an easygoing attitude towards prerogative. It is argued that, fundamentally, the Romans understood their constitution as flexible and evolving. Prerogative institutions, clear instantiations of flexibility, were quite at home in this context. The Roman constitution was not without fundamental, unmovable principles, but it did eschew a fixed structure to embody those principles. This serves as a stark contrast to what was, until recently, the standard view of the Constitution of the United States as a fixed, written document. If one begins with the assumption that institutions are and should be fixed, and that fixity is the means to stability, then the kind of flexibility embodied by prerogative looks not just dangerous, but illegitimate.Less
This chapter examines the history and theory of the dictatorship in the Roman Republic. It addresses the question of why Romans had such an easygoing attitude towards prerogative. It is argued that, fundamentally, the Romans understood their constitution as flexible and evolving. Prerogative institutions, clear instantiations of flexibility, were quite at home in this context. The Roman constitution was not without fundamental, unmovable principles, but it did eschew a fixed structure to embody those principles. This serves as a stark contrast to what was, until recently, the standard view of the Constitution of the United States as a fixed, written document. If one begins with the assumption that institutions are and should be fixed, and that fixity is the means to stability, then the kind of flexibility embodied by prerogative looks not just dangerous, but illegitimate.
Matthew Williams
- Published in print:
- 2018
- Published Online:
- January 2019
- ISBN:
- 9781529200201
- eISBN:
- 9781529200225
- Item type:
- chapter
- Publisher:
- Policy Press
- DOI:
- 10.1332/policypress/9781529200201.003.0004
- Subject:
- Political Science, Political Theory
This chapter examines how Parliament's use of language affects central government powers by looking to judicial interpretation of immigration law. Using an adapted legal model of judicialisation, it ...
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This chapter examines how Parliament's use of language affects central government powers by looking to judicial interpretation of immigration law. Using an adapted legal model of judicialisation, it considers how immigration and asylum laws delegate power from Parliament to the government in order to show how well different state institutions can jointly comprehend legislative language and coordinate in its delivery. The chapter draws on discourse analysis to test the descriptive claim that immigration legislation has become more indeterminate, and logit regression analyses to test the implications of this change for judicial behaviour. The results reveal rapid increases in government losses on appeal after 1995, which coincide with similarly rapid increases in the enactment of indeterminate legislation. The chapter suggests that the effectiveness of immigration law is undermined by its indeterminacy.Less
This chapter examines how Parliament's use of language affects central government powers by looking to judicial interpretation of immigration law. Using an adapted legal model of judicialisation, it considers how immigration and asylum laws delegate power from Parliament to the government in order to show how well different state institutions can jointly comprehend legislative language and coordinate in its delivery. The chapter draws on discourse analysis to test the descriptive claim that immigration legislation has become more indeterminate, and logit regression analyses to test the implications of this change for judicial behaviour. The results reveal rapid increases in government losses on appeal after 1995, which coincide with similarly rapid increases in the enactment of indeterminate legislation. The chapter suggests that the effectiveness of immigration law is undermined by its indeterminacy.
Adam B. Cox and Cristina M. Rodríguez
- Published in print:
- 2020
- Published Online:
- September 2020
- ISBN:
- 9780190694364
- eISBN:
- 9780197520680
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190694364.003.0009
- Subject:
- Law, Constitutional and Administrative Law, Legal History
chapter grapples with the risks associated with executive governance through enforcement, tracing them to core and undisputed executive powers whose reach has been magnified in immigration law by the ...
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chapter grapples with the risks associated with executive governance through enforcement, tracing them to core and undisputed executive powers whose reach has been magnified in immigration law by the emergence of the shadow system. Two interrelated features of executive governance should prompt vigilance. First, when executive branch officials pursue a policy agenda through their management of the enforcement bureaucracy, discretionary decision-making drives their choices about how to threaten or wield force, as well as offer forbearance. It is natural to worry that this discretion will lead to the lawless, arbitrary exercise of power. Second, discretionary decision-making processes are often opaque. This feature exacerbates the possibility of abuse and makes it difficult to hold government power accountable. After defining these risks, the chapter then focuses on how the domain of de facto delegation can be structured to preserve the virtues of executive governance while promoting rule of law values. It offers a qualified defense of the centralized, political control of enforcement discretion as a means of disciplining the Executive’s awesome power.Less
chapter grapples with the risks associated with executive governance through enforcement, tracing them to core and undisputed executive powers whose reach has been magnified in immigration law by the emergence of the shadow system. Two interrelated features of executive governance should prompt vigilance. First, when executive branch officials pursue a policy agenda through their management of the enforcement bureaucracy, discretionary decision-making drives their choices about how to threaten or wield force, as well as offer forbearance. It is natural to worry that this discretion will lead to the lawless, arbitrary exercise of power. Second, discretionary decision-making processes are often opaque. This feature exacerbates the possibility of abuse and makes it difficult to hold government power accountable. After defining these risks, the chapter then focuses on how the domain of de facto delegation can be structured to preserve the virtues of executive governance while promoting rule of law values. It offers a qualified defense of the centralized, political control of enforcement discretion as a means of disciplining the Executive’s awesome power.
Elisa Tamarkin
- Published in print:
- 2008
- Published Online:
- February 2013
- ISBN:
- 9780226789446
- eISBN:
- 9780226789439
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226789439.003.0001
- Subject:
- Literature, American, 19th Century Literature
This chapter traces the democratic fascination with both the sacred rituals of state and the personalized authority of the British monarchy, while attempting to make sense of the symbolic value of ...
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This chapter traces the democratic fascination with both the sacred rituals of state and the personalized authority of the British monarchy, while attempting to make sense of the symbolic value of such prepolitical attachments. It considers not only the comparative aesthetics of governmental power but also how such psychic projections onto the forms and practices of a monarchy elsewhere helped to address the political moment at home. In the decades leading up to the Civil War, Americans indulged in a cult of reverence toward Britain's monarchy not to express their loyalty to Queen Victoria but to experience a compensatory and archaic sense of attachment to the idea of a state unlike their own. Redefining allegiance as a felt response to dignity and grandeur (as embodied in a queen), Americans who loved Victoria found new ways to love America: they conceived of a different sort of patriotism than that enacted by the rational bonds of democratic ideology.Less
This chapter traces the democratic fascination with both the sacred rituals of state and the personalized authority of the British monarchy, while attempting to make sense of the symbolic value of such prepolitical attachments. It considers not only the comparative aesthetics of governmental power but also how such psychic projections onto the forms and practices of a monarchy elsewhere helped to address the political moment at home. In the decades leading up to the Civil War, Americans indulged in a cult of reverence toward Britain's monarchy not to express their loyalty to Queen Victoria but to experience a compensatory and archaic sense of attachment to the idea of a state unlike their own. Redefining allegiance as a felt response to dignity and grandeur (as embodied in a queen), Americans who loved Victoria found new ways to love America: they conceived of a different sort of patriotism than that enacted by the rational bonds of democratic ideology.
J. O. Freedman
- Published in print:
- 1998
- Published Online:
- March 2012
- ISBN:
- 9780198765295
- eISBN:
- 9780191695292
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198765295.003.0017
- Subject:
- Law, Philosophy of Law
This chapter discusses the growth of the administrative process in the United States. The steady growth in the role of the federal government has been one of the most distinctive and important ...
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This chapter discusses the growth of the administrative process in the United States. The steady growth in the role of the federal government has been one of the most distinctive and important developments in American history. As the role of the federal government in national life has expanded, the centre of gravity of the powers it exercises has gradually shifted, from the legislature in the first half of the nineteenth century, to the judiciary in the second half of the nineteenth century, to the executive and administration in the twentieth century. The characteristic pattern that underlies this shift can be seen in the nation's assertion of public control over the railroads, first by the enactment of restrictive legislation, then by emphasis upon judicial remedies, and finally by resort to administrative regulation. This shift in the centre of gravity of governmental powers has become so pronounced that contemporary political scientists, with increasing regularity, describe America as an administrative state. The distinguishing quality of the modern administrative state is its reliance upon the administrative process as a principal instrumentality for the achievement of national policies.Less
This chapter discusses the growth of the administrative process in the United States. The steady growth in the role of the federal government has been one of the most distinctive and important developments in American history. As the role of the federal government in national life has expanded, the centre of gravity of the powers it exercises has gradually shifted, from the legislature in the first half of the nineteenth century, to the judiciary in the second half of the nineteenth century, to the executive and administration in the twentieth century. The characteristic pattern that underlies this shift can be seen in the nation's assertion of public control over the railroads, first by the enactment of restrictive legislation, then by emphasis upon judicial remedies, and finally by resort to administrative regulation. This shift in the centre of gravity of governmental powers has become so pronounced that contemporary political scientists, with increasing regularity, describe America as an administrative state. The distinguishing quality of the modern administrative state is its reliance upon the administrative process as a principal instrumentality for the achievement of national policies.
Robert Thomas
- Published in print:
- 2021
- Published Online:
- March 2021
- ISBN:
- 9780198867562
- eISBN:
- 9780191904332
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198867562.003.0010
- Subject:
- Law, Constitutional and Administrative Law
This chapter offers some reflections and thoughts on the evolution of nineteenth-century fin de siècle administrative law in the United Kingdom. The period 1890–1910 was a time of social, political, ...
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This chapter offers some reflections and thoughts on the evolution of nineteenth-century fin de siècle administrative law in the United Kingdom. The period 1890–1910 was a time of social, political, and economic change. Administrative power was expanding and there was a need for administrative law controls over the exercise of such power. The chapter examines the following principal themes: the dominant tradition of Diceyan constitutionalism and its reaction to the growth of administrative power; the development of judicial review by the courts; and the growth of non-judicial remedies in the form of tribunals. It is argued that the period between 1890 and 1910 was a formative one for both the administrative state and administrative law. Many of the developments in administrative law during this period still provide the key building blocks on which contemporary administrative law is based.Less
This chapter offers some reflections and thoughts on the evolution of nineteenth-century fin de siècle administrative law in the United Kingdom. The period 1890–1910 was a time of social, political, and economic change. Administrative power was expanding and there was a need for administrative law controls over the exercise of such power. The chapter examines the following principal themes: the dominant tradition of Diceyan constitutionalism and its reaction to the growth of administrative power; the development of judicial review by the courts; and the growth of non-judicial remedies in the form of tribunals. It is argued that the period between 1890 and 1910 was a formative one for both the administrative state and administrative law. Many of the developments in administrative law during this period still provide the key building blocks on which contemporary administrative law is based.
Aryeh Neier
- Published in print:
- 2020
- Published Online:
- January 2021
- ISBN:
- 9780691200989
- eISBN:
- 9780691200996
- Item type:
- book
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691200989.001.0001
- Subject:
- Political Science, International Relations and Politics
During the past several decades, the international human rights movement has had a crucial hand in struggles against totalitarian regimes and crimes against humanity. Today, it grapples with the war ...
More
During the past several decades, the international human rights movement has had a crucial hand in struggles against totalitarian regimes and crimes against humanity. Today, it grapples with the war against terror and subsequent abuses of government power. This book offers a comprehensive, authoritative account of this global force, from its beginnings in the seventeenth and eighteenth centuries to its essential place in world affairs today. The book combines analysis with personal experience, and gives an insider's perspective on the movement's goals, the disputes about its mission, its rise to international importance, and the challenges to come. This updated edition includes a new preface by the author.Less
During the past several decades, the international human rights movement has had a crucial hand in struggles against totalitarian regimes and crimes against humanity. Today, it grapples with the war against terror and subsequent abuses of government power. This book offers a comprehensive, authoritative account of this global force, from its beginnings in the seventeenth and eighteenth centuries to its essential place in world affairs today. The book combines analysis with personal experience, and gives an insider's perspective on the movement's goals, the disputes about its mission, its rise to international importance, and the challenges to come. This updated edition includes a new preface by the author.
Frank Cicero Jr.
- Published in print:
- 2018
- Published Online:
- September 2018
- ISBN:
- 9780252041679
- eISBN:
- 9780252050343
- Item type:
- chapter
- Publisher:
- University of Illinois Press
- DOI:
- 10.5622/illinois/9780252041679.003.0003
- Subject:
- History, Political History
Chapter 2 follows Illinois’s transition from territory to state. A territorial census was likely padded to reach the required 40,000 inhabitants. The 1818 constitutional convention wrote the state’s ...
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Chapter 2 follows Illinois’s transition from territory to state. A territorial census was likely padded to reach the required 40,000 inhabitants. The 1818 constitutional convention wrote the state’s founding document, many of its provisions drawn from other states’ constitutions. The delegates sought to limit the governor’s role by vesting powers in the legislature, leading to an unsteady balance of governmental powers. Delegates also focused on the question of slavery, termed “indentured servitude” in the constitution and described as “voluntary.” This wording set up debate in U.S. Congress that previewed the Missouri Compromise, but ultimately the constitution was approved and Illinois became a state on December 3, 1818. The slavery debate continued in Illinois, a frontier state that blended northern and southern sensibilities.Less
Chapter 2 follows Illinois’s transition from territory to state. A territorial census was likely padded to reach the required 40,000 inhabitants. The 1818 constitutional convention wrote the state’s founding document, many of its provisions drawn from other states’ constitutions. The delegates sought to limit the governor’s role by vesting powers in the legislature, leading to an unsteady balance of governmental powers. Delegates also focused on the question of slavery, termed “indentured servitude” in the constitution and described as “voluntary.” This wording set up debate in U.S. Congress that previewed the Missouri Compromise, but ultimately the constitution was approved and Illinois became a state on December 3, 1818. The slavery debate continued in Illinois, a frontier state that blended northern and southern sensibilities.
Frank Cicero Jr.
- Published in print:
- 2018
- Published Online:
- September 2018
- ISBN:
- 9780252041679
- eISBN:
- 9780252050343
- Item type:
- chapter
- Publisher:
- University of Illinois Press
- DOI:
- 10.5622/illinois/9780252041679.003.0005
- Subject:
- History, Political History
Chapter 4 focuses on the 1847 Illinois state constitutional convention and the constitution approved by voters in 1848. Democrats comprised a majority of delegates, but Whigs built many successful ...
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Chapter 4 focuses on the 1847 Illinois state constitutional convention and the constitution approved by voters in 1848. Democrats comprised a majority of delegates, but Whigs built many successful coalitions. The new constitution sought greater balance of governmental powers, reducing the legislature’s appointive power, bestowing on the governor a weak veto power, and calling for direct election of judges. Age and residency requirements were specified for government service; citizenship was required of voters. Two contentious provisions put separately to voters were ultimately approved: one prohibiting free blacks from immigrating to the state and one calling for a property tax to relieve the state’s debt. With the 1848 constitution, Illinois transitioned from a frontier to a modern state.Less
Chapter 4 focuses on the 1847 Illinois state constitutional convention and the constitution approved by voters in 1848. Democrats comprised a majority of delegates, but Whigs built many successful coalitions. The new constitution sought greater balance of governmental powers, reducing the legislature’s appointive power, bestowing on the governor a weak veto power, and calling for direct election of judges. Age and residency requirements were specified for government service; citizenship was required of voters. Two contentious provisions put separately to voters were ultimately approved: one prohibiting free blacks from immigrating to the state and one calling for a property tax to relieve the state’s debt. With the 1848 constitution, Illinois transitioned from a frontier to a modern state.
Daniel W. Hamilton
- Published in print:
- 2007
- Published Online:
- March 2013
- ISBN:
- 9780226314822
- eISBN:
- 9780226314860
- Item type:
- book
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226314860.001.0001
- Subject:
- History, American History: Civil War
Americans take for granted that government does not have the right to permanently seize private property without just compensation. Yet for much of American history, such a view constituted the ...
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Americans take for granted that government does not have the right to permanently seize private property without just compensation. Yet for much of American history, such a view constituted the weaker side of an ongoing argument about government sovereignty and individual rights. What brought about this drastic shift in legal and political thought? This book locates that change in the crucible of the Civil War. In the early days of the war, Congress passed the First and Second Confiscation Acts, authorizing the Union to seize private property in the rebellious states of the Confederacy, and the Confederate Congress responded with the broader Sequestration Act. The competing acts fueled a fierce, sustained debate among legislators and lawyers about the principles underlying alternative ideas of private property and state power, one that by 1870 was increasingly dominated by today's view of more limited government power.Less
Americans take for granted that government does not have the right to permanently seize private property without just compensation. Yet for much of American history, such a view constituted the weaker side of an ongoing argument about government sovereignty and individual rights. What brought about this drastic shift in legal and political thought? This book locates that change in the crucible of the Civil War. In the early days of the war, Congress passed the First and Second Confiscation Acts, authorizing the Union to seize private property in the rebellious states of the Confederacy, and the Confederate Congress responded with the broader Sequestration Act. The competing acts fueled a fierce, sustained debate among legislators and lawyers about the principles underlying alternative ideas of private property and state power, one that by 1870 was increasingly dominated by today's view of more limited government power.
Frank Cicero Jr.
- Published in print:
- 2018
- Published Online:
- September 2018
- ISBN:
- 9780252041679
- eISBN:
- 9780252050343
- Item type:
- chapter
- Publisher:
- University of Illinois Press
- DOI:
- 10.5622/illinois/9780252041679.003.0008
- Subject:
- History, Political History
Chapter 7 summarizes debates of the 1869–70 Illinois state constitutional convention, whose blend of representatives from Democratic, Republican, and People’s Parties yielded a relatively nonpartisan ...
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Chapter 7 summarizes debates of the 1869–70 Illinois state constitutional convention, whose blend of representatives from Democratic, Republican, and People’s Parties yielded a relatively nonpartisan outcome. The balance of governmental powers was adjusted so that the executive branch had a stronger veto, the legislative branch was barred from passing special-interest legislation, and the judicial system was enhanced with more courts and judges, a particular benefit to populous Cook County, home to the economic powerhouse of Chicago. Other major issues included African Americans’ civil rights and state management of railroads and warehouses. A progressive approach to minority representation sought to bridge sharp political divisions between north and south. The proposed 1870 constitution was ratified by the voters and remained in force for a century.Less
Chapter 7 summarizes debates of the 1869–70 Illinois state constitutional convention, whose blend of representatives from Democratic, Republican, and People’s Parties yielded a relatively nonpartisan outcome. The balance of governmental powers was adjusted so that the executive branch had a stronger veto, the legislative branch was barred from passing special-interest legislation, and the judicial system was enhanced with more courts and judges, a particular benefit to populous Cook County, home to the economic powerhouse of Chicago. Other major issues included African Americans’ civil rights and state management of railroads and warehouses. A progressive approach to minority representation sought to bridge sharp political divisions between north and south. The proposed 1870 constitution was ratified by the voters and remained in force for a century.
- Published in print:
- 2009
- Published Online:
- March 2013
- ISBN:
- 9780226005416
- eISBN:
- 9780226005423
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226005423.003.0007
- Subject:
- History, Cultural History
This chapter considers the post-nineteenth-century life of Salem as a metaphor that is most familiar to modern Americans, and suggests that one can always find some appeal to Salem's example to ...
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This chapter considers the post-nineteenth-century life of Salem as a metaphor that is most familiar to modern Americans, and suggests that one can always find some appeal to Salem's example to restrain government powers or to quell popular opinion when it threatens to drive political decisions. It shows how the cultural memory of an event, such as the episode of witch-hunting in 1692 Massachusetts, often has a longer-lasting effect than the event itself.Less
This chapter considers the post-nineteenth-century life of Salem as a metaphor that is most familiar to modern Americans, and suggests that one can always find some appeal to Salem's example to restrain government powers or to quell popular opinion when it threatens to drive political decisions. It shows how the cultural memory of an event, such as the episode of witch-hunting in 1692 Massachusetts, often has a longer-lasting effect than the event itself.
John Q. Barrett
- Published in print:
- 2020
- Published Online:
- May 2021
- ISBN:
- 9781501752216
- eISBN:
- 9781501752230
- Item type:
- chapter
- Publisher:
- Cornell University Press
- DOI:
- 10.7591/cornell/9781501752216.003.0002
- Subject:
- History, Cultural History
This chapter examines whether Lin Manuel Miranda's Hamilton: An American Musical will increase the impact of Hamiltonian thinking on and the deployment of Hamiltonian words by the Supreme Court ...
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This chapter examines whether Lin Manuel Miranda's Hamilton: An American Musical will increase the impact of Hamiltonian thinking on and the deployment of Hamiltonian words by the Supreme Court justices. There was, just a few years ago, reason to think that would be the case. Although in recent decades it had been conservative Supreme Court justices who tended to invoke the framers as support for narrow views of national government power, the success of the musical could give more liberal justices a newly powerful framer to follow. Alexander Hamilton had been, as Justice Antonin Scalia noted in a 1997 Court opinion, “the most expansive expositor of federal power.” In the Supreme Court as an institution, however, Hamilton is not playing. The 2018–19 Court term featured little Hamilton and little Hamilton.Less
This chapter examines whether Lin Manuel Miranda's Hamilton: An American Musical will increase the impact of Hamiltonian thinking on and the deployment of Hamiltonian words by the Supreme Court justices. There was, just a few years ago, reason to think that would be the case. Although in recent decades it had been conservative Supreme Court justices who tended to invoke the framers as support for narrow views of national government power, the success of the musical could give more liberal justices a newly powerful framer to follow. Alexander Hamilton had been, as Justice Antonin Scalia noted in a 1997 Court opinion, “the most expansive expositor of federal power.” In the Supreme Court as an institution, however, Hamilton is not playing. The 2018–19 Court term featured little Hamilton and little Hamilton.