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Conclusion: The Constitution, the Federalists, and the American State

Max. M Edling

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

The conclusion ends the book with an explication of the Federalists’ idea of an American national state.It starts by pointing out that the ratification of the US Constitution did not mean the end of ... More

The conclusion ends the book with an explication of the Federalists’ idea of an American national state.It starts by pointing out that the ratification of the US Constitution did not mean the end of politics, nor the end of the debate about the future course of the American republic, for now the Federalists faced the next step of state building: creating the institutions of government that would realize their ideas about a national state in America. The mainstream interpretation of the Federalist argument presents it as a call for limited government and protection of minority rights, but this study has offered a different interpretation. It sees the Federalist argument as an attempt to convince the American public about the need to build a powerful state and to explain how this state would work – the idea of an American national state that the Federalists developed during the ratification debate was the result of creative thinking in the face of serious challenges. This conclusion is devoted to an explication of both the challenge that the Federalists faced and the concept of the state they developed, but the basic issue may be summed up as follows: what the Federalists had to do, and what they did, in the debate over ratification, was to develop a conceptual framework that made it possible to accommodate the creation of a powerful national government to the strong anti‐statist current in the American political tradition.Less

Globalization and National Security: Key Propositions

Norrin M. Ripsman and T. V. Paul

in Globalization and the National Security State

This chapter explores the globalization school's predictions for the pursuit of security. First, it examines the various strands of the demise of the state argument, including those of hard ... More

This chapter explores the globalization school's predictions for the pursuit of security. First, it examines the various strands of the demise of the state argument, including those of hard globalization proponents, soft globalization proponents, and commercial liberals, as well as two other groups with claims that are compatible with our definition of globalization, democratic peace theory, and constructivist arguments about the spread of globalized political norms. It then culls out of these positions a set of common propositions about the effect globalization is likely to have on the way states pursue security. It identifies macro-level propositions about the level of interstate war, aggregate defense spending, the prominence of transnational terrorism, and the role of multilateral institutions at the international system level. It then identifies state- and region-specific propositions about the national security strategies and architectures of individual states.Less

Introduction: Investigating the Welfare State at Century's End

Paul Pierson

in The New Politics of the Welfare State

Starts by discussing the new era of austerity in the contemporary welfare state, the reasons for it, and the political problems that it creates. Describes the project that gave rise to the book as ... More

Starts by discussing the new era of austerity in the contemporary welfare state, the reasons for it, and the political problems that it creates. Describes the project that gave rise to the book as bringing together leading researchers from Europe and North America, who seek to increase knowledge about the politics of the contemporary welfare state. The focus is on four overlapping themes, which are covered in the four main parts of the book: (1) the sources and scope of pressures on national welfare states; (2) the role of economic interests, and of systems for representing those interests, in the politics of reform; (3) the implications of electoral politics and the design of political institutions for welfare state adjustment; and (4) the distinctive policy dynamics of particular areas of social provision. These themes are intimately linked, and the linkages between them are made explicit both within and across the chapters of the book. This introduction outlines the four themes and introduces the contributions of the chapters to follow.Less

Sub-state National Societies and Contemporary Challenges to the Nation-state

STEPHEN TIERNEY

in Constitutional Law and National Pluralism

This chapter illustrates that sub-state national societies in states such as Canada, Spain, and the UK are fully engaged with the modern challenges which face any polity in the age of ‘late ... More

This chapter illustrates that sub-state national societies in states such as Canada, Spain, and the UK are fully engaged with the modern challenges which face any polity in the age of ‘late sovereignty’, where the power of the nation-state is declining but where it still retains considerable resilience. The chapter addresses the way in which contemporary sub-state national demands for better constitutional accommodation require to be located within the context of a global political and legal environment which is itself rapidly changing. It also considers the ways in which sub-state national societies challenge the normative underpinning of constitutional praxis in plurinational states, focusing on the controversy surrounding the question of ‘sovereignty’ in these states.Less

The Effect of a Calvo Clause

Chittharanjan F. Amerasinghe

in Diplomatic Protection

The Calvo Clause was born out of the fear on the part of Latin American States of intervention in their domestic affairs by European States and the United States of America under the guise of ... More

The Calvo Clause was born out of the fear on the part of Latin American States of intervention in their domestic affairs by European States and the United States of America under the guise of diplomatic protection. The Calvo Clause confines the alien to local remedies — just like anyone who was a national of the host State — and excludes the exercise of diplomatic protection by the national State of the alien. This chapter argues that the Calvo Clause does not affect the rights of the national State of the alien. While this result, according to some, is produced by reliance on a legal fiction, the fact of the matter is that this is the manner in which international law regards the situation and the result must be recognized.Less

The Plurinational State: A Normative Challenge

STEPHEN TIERNEY

in Constitutional Law and National Pluralism

Chapter 2 discusses the continued resilience of nationalism and national identity and explores how theorists of nationalism from the liberal tradition have constructed an argument to the effect that ... More

Chapter 2 discusses the continued resilience of nationalism and national identity and explores how theorists of nationalism from the liberal tradition have constructed an argument to the effect that sub-state national societies constitute a discrete category of policy. The liberal nationalist argument defended in this first part of the book is that their historical and societal particularity, coupled with the dissatisfaction felt by many sub-state national societies with regard to their current institutional arrangements, entitles these societies to distinctive constitutional accommodation within the host states, in particular, by way of recognition, representation, and autonomy. This chapter develops two additional parts of this argument which build upon the notion of sub-state national societies as a particular type of polity. In constructing this argument, the chapter critiques the failure of traditional liberalism to recognize the role played by sub-state national societies in the lives of their members, and its tendency to stereotype sub-state nationalism in a negative way.Less

Establishment of the Refugee Settlement Commission: Settlement Policies in Macedonia

Elisabeth Kontogiorgi

in Population Exchange in Greek Macedonia: The Rural Settlement of Refugees 1922-1930

This chapter focuses on the establishment of the Greek Refugee Settlement Commission (RSC) in 1923, tasked with not only monitoring and administering the resettlement of the refugees but also to ... More

This chapter focuses on the establishment of the Greek Refugee Settlement Commission (RSC) in 1923, tasked with not only monitoring and administering the resettlement of the refugees but also to function in a similar capacity as regards the financial reconstruction of the Greek national state, at a time when Greece was in a dire state of emergency. Topics covered include the structure of the RSC, categories of refugees, and reasons for resettlement in rural Macedonia.Less

Theories of Nationalism and National Identity

STEPHEN TIERNEY

in Constitutional Law and National Pluralism

This chapter addresses how liberal nationalist theorists have constructed an argument to the effect that sub-state national societies constitute a distinct category of group, distinguishable from ... More

This chapter addresses how liberal nationalist theorists have constructed an argument to the effect that sub-state national societies constitute a distinct category of group, distinguishable from both the majority of ‘dominant’ national society of the host state, and other ‘minority’ groups within the state. It explores the objective and subjective features of identity which liberal nationalists have identified as characteristic of a national society, and which help to explain the resilience of national identity at sub-state level. The chapter examines how different traditions have emerged in the study of nationalism. In particular, it discusses the dominant ‘modernist’ school of nationalism which has attempted to explain nationalism as an essentially instrumental device.Less

The Clash of Interests in Diplomatic Protection

Chittharanjan F. Amerasinghe

in Diplomatic Protection

This chapter focuses on the basic interests underlying diplomatic protection. It discusses cases in support of the principle that the right infringed in cases where an alien suffers illegal injury at ... More

This chapter focuses on the basic interests underlying diplomatic protection. It discusses cases in support of the principle that the right infringed in cases where an alien suffers illegal injury at the hands of a State, is the right of the alien's national State and not the right of the alien himself. Examples are presented where the interests of the national State have been responsible for certain important and well-established rules in the law of diplomatic protection, and where interests of the defendant State must naturally and legitimately be considered, as opposed to the interests of the claimant State. The choices among competing interests and the international community's residual interest in having disputes involving States and aliens settled without escalation are considered.Less

Substantive Constitutional Accommodation: Autonomy, Representation and Recognition

STEPHEN TIERNEY

in Constitutional Law and National Pluralism

This chapter addresses the substantive constitutional status of Catalonia, Quebec, and Scotland. It focuses on the ways in which, in all three states, informal constitutional practices and processes ... More

This chapter addresses the substantive constitutional status of Catalonia, Quebec, and Scotland. It focuses on the ways in which, in all three states, informal constitutional practices and processes supplement traditional renditions of the law of the constitution in helping to shape relations between sub-state national societies and their respective host states. It shows how the informal workings of the constitution can foster the constitutional co-existence of different demoi within the state, particularly in situations where political actors at the sub-state level see no prospect of improved constitutional accommodation through formal constitutional amendment.Less

Searching for Normalcy

Konrad H. Jarausch

in After Hitler: Recivilizing Germans, 1945-1995

This chapter chronicles the German division, the drive for unification, and reflects upon the new challenges of a restored national state, in foreign policy as well as domestic affairs.

The Process of Constitutional Change in Plurinational States

STEPHEN TIERNEY

in Constitutional Law and National Pluralism

This chapter addresses the processes by which constitutions have recently been amended in plurinational states. It considers the process of constitutional change in terms of two sets of important ... More

This chapter addresses the processes by which constitutions have recently been amended in plurinational states. It considers the process of constitutional change in terms of two sets of important relationships. The first, which recalls the principles of self-determination, representation, recognition, and reciprocity, is the set of relationships between the sub-state national society and the host state. The second set of important relationships concerns the interaction of government and citizen.Less

Conclusion

Richard S. Kim

in The Quest for Statehood: Korean Immigrant Nationalism and U.S. Sovereignty, 1905-1945

Korean diasporic nationalism in the years between 1905 and 1945 played a foundational role in the emergence of the two separate Koreas after 1945 that both exist to this day. Koreans in the United ... More

Korean diasporic nationalism in the years between 1905 and 1945 played a foundational role in the emergence of the two separate Koreas after 1945 that both exist to this day. Koreans in the United States were a constitutive part of this historical trajectory. While the processes of diasporic political mobilization under American global power and influence enabled the U.S. component of the Korean diaspora to achieve a certain degree of political agency in and out of the United States, the strategy of calling on the U.S. nation-state as a guarantor of the national goals of Koreans ultimately subordinated Korean national interests to a hegemonic American worldview, which explicitly manifested itself in South Korea’s neocolonial relationship with the United States after 1945. In endorsing the United States as a global power and leader, Korean diasporic nationalism also helped Korean immigrants establish themselves as an American ethnic group with political interests in Korea, but their racialized status left them essentially pleading their cause as stateless supplicants. This political position, determined by racially biased laws, ensured that Korean American ethnicization was one of subordination to U.S. hegemony rather than participation in that hegemony as it directly limited their participation in mainstream American life.Less

After 1848: Nationalists Face the Social Problem

Roman Szporluk

in Communism and Nationalism: Karl Marx versus Friedrich List

The chapter discusses the second part of the 19th century when nationalism took on a new direction. It turned to the right and defined itself as the enemy of socialism. The doctrine of List responded ... More

The chapter discusses the second part of the 19th century when nationalism took on a new direction. It turned to the right and defined itself as the enemy of socialism. The doctrine of List responded to the Industrial Revolution by accepting the ideals of the French Revolution. Nationalism had adopted a strong pro-industrialization stand in its overall program for a unified national state. German nationalism changed as it adopted the Prussian state and the noble class. It drew on Marxism as a guide. In other parts of the world where Listian nationalism was practiced, nationalism departed from the classical European model. It was spreading quickly in Europe and Asia. Japan liked List's advocacy of free trade. List also found followers in India. However, it was in Russia that the first nationalization of communism took place. It was there where Marxism found itself in power.Less

Article III versus the National Security State

Martin S. Flaherty

in Restoring the Global Judiciary: Why the Supreme Court Should Rule in U.S. Foreign Affairs

This chapter brings the survey of custom to the beginning of this century. That survey shows how U.S. foreign policy has continued to pressure the judiciary to go in the direction of Curtiss-Wright, ... More

This chapter brings the survey of custom to the beginning of this century. That survey shows how U.S. foreign policy has continued to pressure the judiciary to go in the direction of Curtiss-Wright, an invitation it has still generally refused in light of the recommitment to the original constitutional framework set out in Youngstown. That the courts, and the Supreme Court in particular, maintained their position as well as they did stands as a testament to the original constitutional design and nearly a century and a half of constitutional custom. Starting roughly midcentury, the nation was placed on a type of near-permanent war footing. These developments accelerated the trend toward greater claims of executive power in particular. In this setting, arguments that the judiciary was ill suited to second-guess executive foreign policy, and to intervene in foreign affairs more generally, were sounded with greater frequency. At times the Court bowed, much to its later regret. Yet, for the most part, it has shown itself capable of maintaining its role. In the end, the survey of constitutional custom falls short of showing constitutional demotion of the judiciary's role in foreign affairs as originally envisioned and long practiced.Less

The International Law Violated

Chittharanjan F. Amerasinghe

in Diplomatic Protection

This chapter discusses violation of international law and the exercise of diplomatic protection. Diplomatic protection is exercised by the national State, in the case of a violation of international ... More

This chapter discusses violation of international law and the exercise of diplomatic protection. Diplomatic protection is exercised by the national State, in the case of a violation of international law in respect of the person or property of an alien. International law governs the question whether such a violation of international law has taken place, though it may refer to national law for determining whether a violation of international law has occurred. The injury to person or property when caused by the State is to be characterized as a violation of international law in any case by the application of the international minimum standard applicable to the treatment of aliens. Where the initial wrong is not a violation of international law by the host State, resort or an attempted resort to local remedies must take place, or local remedies must be activated before an international wrong, which is a violation of the host State's international obligations, can occur.Less