Constitutional Law and Politics, Volume 2
David M. O'Brien - 2002
This comprehensive text presents a wide range of excerpts and opinions from the most significant Supreme Court cases and provides the contextual material students need to interpret their historical significance. The Sixth Edition adds material on dozens of important recent cases, current through June 2004, and features carefully updated and refined pedagogy.Author Biography: David M. O'Brien is Leone Reaves and George W. Spicer Professor of Government and Foreign Affairs at the University of Virginia, where he teaches the popular constitutional law course on which his book Constitutional Law and Politics (now in its Sixth Edition) is based. Professor O'Brien is a regular commentator on the Supreme Court's activities and rulings. He is the author of over fifteen books and regularly contributes op-ed pieces on the Court to the Los Angeles Times.
Crisis and Command: A History of Executive Power from George Washington to George W. Bush
John Yoo - 2010
To protect national security, he invokes his powers as Commander-in-Chief and orders actions that seem to violate laws enacted by Congress. He is excoriated for usurping dictatorial powers, placing himself above the law, and threatening to “breakdown constitutional safeguards.” One could be forgiven for thinking that the above describes former President George W. Bush. Yet these particular attacks on presidential power were leveled against Franklin D. Roosevelt. They could just as well describe similar attacks leveled against George Washington, Thomas Jefferson, Andrew Jackson, Abraham Lincoln and a number of other presidents challenged with leading the nation through times of national crisis. However bitter, complex, and urgent today’s controversies over executive power may be, John Yoo reminds us they are nothing new. In Crisis and Command, he explores a factor too little consulted in current debates: the past. Through shrewd and lucid analysis, he shows how the bold decisions made by Washington, Jefferson, Jackson, Lincoln, and FDR changed more than just history; they also transformed the role of the American president. The link between the vigorous exercise of executive power and presidential greatness, Yoo argues, is both significant and misunderstood. He makes the case that the founding fathers deliberately left the Constitution vague on the limits of presidential authority, drawing on history to demonstrate the benefi ts to the nation of a strong executive office.
Inherently Unequal: The Betrayal of Equal Rights by the Supreme Court, 1865-1903
Lawrence Goldstone - 2011
In 1875, the most comprehensive civil rights legislation in the nation's history granted all Americans "the full and equal enjoyment" of public accomodations. Just eight years later, the Supreme Court, by an 8-1 vote, overturned the Civil Rights Act as unconstitutional and, in the process, disemboweled the equal protection provisions of the 14th Amendment. Using court records and accounts of the period, Lawrence Goldstone chronicles how "by the dawn of the 20th century the U.S. had become the nation of Jim Crow laws, quasi-slavery, and precisely the same two-tiered system of justice that had existed in the slave era."The very human story of how and why this happened make Inherently Unequal as important as it is provocative. Examining both celebrated decisions like Plessy v. Ferguson and those often overlooked, Goldstone demonstrates how the Supreme Court turned a blind eye to the obvious reality of racism, defending instead the business establishment and status quo--thereby legalizing the brutal prejudice that came to definite the Jim Crow era.
The Articles of Confederation
Continental Congress - 1777
This first governing document of America put the new country in good stead, but it had some shortcomings, including the creation of a weak central government. It was replaced by the U.S. Constitution in 1789.
The Trials of Nina McCall: Sex, Surveillance, and the Decades-Long Government Plan to Imprison "Promiscuous" Women
Scott W. Stern - 2018
Confused and humiliated, Nina did as she was told, and the health officer performed a hasty (and invasive) examination and quickly diagnosed her with gonorrhea. Though Nina insisted she could not possibly have an STI, she was coerced into committing herself to the Bay City Detention Hospital, a facility where she would spend almost three miserable months subjected to hard labor, exploitation, and painful injections of mercury.Nina McCall was one of many women unfairly imprisoned by the United States government throughout the twentieth century. The government locked up tens, probably hundreds, of thousands of women and girls--usually without due process--simply because officials suspected these women were prostitutes, carrying STIs, or just "promiscuous."This discriminatory program, dubbed the "American Plan," lasted from the 1910s into the 1950s, implicating a number of luminaries, including Eleanor Roosevelt, John D. Rockefeller Jr., Earl Warren, and even Eliot Ness, while laying the foundation for the modern system of women's prisons. In some places, vestiges of the Plan lingered into the 1960s and 1970s, and the laws that undergirded it remain on the books to this day.Scott Stern tells the story of this almost forgotten program through the life of Nina McCall. Her story provides crucial insight into the lives of countless other women incarcerated under the American Plan. Stern demonstrates the pain and shame felt by these women and details the multitude of mortifications they endured, both during and after their internment. Yet thousands of incarcerated women rioted, fought back against their oppressors, or burned their detention facilities to the ground; they jumped out of windows or leapt from moving trains or scaled barbed-wire fences in order to escape. And, as Nina McCall did, they sued their captors. In an age of renewed activism surrounding harassment, health care, prisons, women's rights, and the power of the state, this virtually lost chapter of our history is vital reading.
The Debate on the Constitution, Part 1: Federalist and Anti-Federalist Speeches, Articles, and Letters During the Struggle over Ratification: September 1787 to February 1788
Bernard BailynJoseph Barrell - 1993
Instead of revising the Articles of Confederation, the framers had created a fundamentally new national plan that placed over the states a supreme government with broad powers. They proposed to submit it to conventions in each state, elected “by the People thereof,” for ratification.Immediately, a fierce storm of argument broke. Federalist supporters, Antifederalist opponents, and seekers of a middle ground strove to balance public order and personal liberty as they praised, condemned, challenged, and analyzed the new Constitution.Assembled here in chronological order are hundreds of newspaper articles, pamphlets, speeches, and private letters written or delivered in the aftermath of the Constitutional Convention. Along with familiar figures like Franklin, Madison, Patrick Henry, Jefferson, and Washington, scores of less famous citizens are represented, all speaking clearly and passionately about government. The most famous writings of the ratification struggle—the Federalist essays of Hamilton and Madison—are placed in their original context, alongside the arguments of able antagonists, such as “Brutus” and the “Federal Farmer.”Part One includes press polemics and private commentaries from September 1787 to January 1788. That autumn, powerful arguments were made against the new charter by Virginian George Mason and the still-unidentified “Federal Farmer,” while in New York newspapers, the Federalist essays initiated a brilliant defense. Dozens of speeches from the state ratifying conventions show how the “draft of a plan, nothing but a dead letter,” in Madison’s words, had “life and validity…breathed into it by the voice of the people.” Included are the conventions in Pennsylvania, where James Wilson confronted the democratic skepticism of those representing the western frontier, and in Massachusetts, where John Hancock and Samuel Adams forged a crucial compromise that saved the country from years of political convulsion.Informative notes, biographical profiles of all writers, speakers, and recipients, and a detailed chronology of relevant events from 1774 to 1804 provide fascinating background. A general index allows readers to follow specific topics, and an appendix includes the Declaration of Independence, the Articles of Confederation, and the Constitution (with all amendments).
Our 50-State Border Crisis: How the Mexican Border Fuels the Drug Epidemic Across America
Howard G. Buffett - 2018
Howard G. Buffett has seen first-hand the devastating impact of cheap Mexican heroin and other opiate cocktails across America. Fueled by failing border policies and lawlessness in Mexico and Central America, drugs are pouring over the nation's southern border in record quantities, turning Americans into addicts and migrants into drug mules -- and killing us in record numbers. Politicians talk about a border crisis and an opioid crisis as separate issues. To Buffett, a landowner on the U.S. border with Mexico and now a sheriff in Illinois, these are intimately connected. Ineffective border policies not only put residents in border states like Texas and Arizona in harm's way, they put American lives in states like Oregon, Pennsylvania, and Vermont at risk. Mexican cartels have grown astonishingly powerful by exploiting both the gaps in our border security strategy and the desperation of migrants -- all while profiting enormously off America's growing addiction to drugs. The solution isn't a wall. In this groundbreaking book, Buffett outlines a realistic, effective, and bi-partisan approach to fighting cartels, strengthening our national security, and tackling the roots of the chaos below the border.
The Debate on the Constitution, Part 2: Federalist and Anti-Federalist Speeches, Articles, and Letters During the Struggle over Ratification: January to August 1788
Bernard BailynTench Coxe - 1993
Included are dramatic confrontations from Virginia, where Patrick Henry pitted his legendary oratorical skills against the persuasive logic of Madison, and from New York, where Alexander Hamilton faced the brilliant Antifederalist Melancton Smith.In addition to useful notes, there are biographical profiles of all writers, speakers, and recipients, and a detailed chronology of relevant events from 1774 to 1804 provide fascinating background. A general index allows readers to follow specific topics, and an appendix includes the Declaration of Independence, the Articles of Confederation, and the Constitution (with all amendments).
Homeward: Life in the Year After Prison
Bruce Western - 2018
In these circumstances, how do former prisoners navigate reentering society? In Homeward, sociologist Bruce Western examines the tumultuous first year after release from prison. Drawing from in-depth interviews with over one hundred individuals, he describes the lives of the formerly incarcerated and demonstrates how poverty, racial inequality, and failures of social support trap many in a cycle of vulnerability despite their efforts to rejoin society.Western and his research team conducted comprehensive interviews with men and women released from the Massachusetts state prison system who returned to neighborhoods around Boston. Western finds that for most, leaving prison is associated with acute material hardship. In the first year after prison, most respondents could not afford their own housing and relied on family support and government programs, with half living in deep poverty. Many struggled with chronic pain, mental illnesses, or addiction—the most important predictor of recidivism. Most respondents were also unemployed. Some older white men found union jobs in the construction industry through their social networks, but many others, particularly those who were black or Latino, were unable to obtain full-time work due to few social connections to good jobs, discrimination, and lack of credentials. Violence was common in their lives, and often preceded their incarceration. In contrast to the stereotype of tough criminals preying upon helpless citizens, Western shows that many former prisoners were themselves subject to lifetimes of violence and abuse and encountered more violence after leaving prison, blurring the line between victims and perpetrators.Western concludes that boosting the social integration of former prisoners is key to both ameliorating deep disadvantage and strengthening public safety. He advocates policies that increase assistance to those in their first year after prison, including guaranteed housing and health care, drug treatment, and transitional employment. By foregrounding the stories of people struggling against the odds to exit the criminal justice system, Homeward shows how overhauling the process of prisoner reentry and rethinking the foundations of justice policy could address the harms of mass incarceration.
Roots Of American Order
Russell Kirk - 1974
In this now classic work, Russell Kirk describes the beliefs and institutions that have nurtured the American soul and commonwealth of the United States.
American Political Parties and Elections: A Very Short Introduction
L. Sandy Maisel - 2016
Still fewer understand the role played by political parties in the electoral process or the ironies within the system. Participation in elections in the United States is much lower than in the vast majority of mature democracies. Perhaps this is because of the lack of competition in a country where only two parties have a true chance of winning, despite the fact that a large number of citizens claim allegiance to neither and think badly of both. Or perhaps it is because in the U.S. campaign contributions disproportionately favor incumbents in most legislative elections, or that largely unregulated groups such as the now notorious 527s have as much impact on the outcome of a campaign as do the parties or the candidates' campaign organizations. These factors offer a very clear picture of the problems that underlay our much trumpeted electoral system. The second edition of this Very Short Introduction introduces the reader to these issues and more. Drawing on updated data and new examples from the 2016 presidential nominations, L. Sandy Maisel provides an insider's view of how the system actually works while shining a light on some of its flaws. He also illustrates the growing impact of campaigning through social media, the changes in campaign financing wrought by the Supreme Court recent decisions, and the Tea Party's influence on the sub-presidential nominating process. As the United States enter what is sure to be yet another highly contested election year, it is more important than ever that Americans take the time to learn the system that puts so many in power.
The Case Against the Fed
Murray N. Rothbard - 1994
This work begins with a mini-treatment of money and banking theory, and then plunges right in with the real history of the Federal Reserve System. Rothbard covers the struggle between competing elites and how they converged with the Fed. Rothbard calls for the abolition of the central bank and a restoration of the gold standard. His popular treatment incorporates the best and most up-to-date scholarship on the Fed's origins and effects.
HOW THE 1 PERCENT PROVIDES THE STANDARD OF LIVING OF THE 99 PERCENT
George Reisman - 2015
As they see matters, wealth in the form of means of production and wealth in the form of consumers’ goods are essentially indistinguishable. For all practical purposes, they have no awareness of the existence of capital and of its importance. Thus, capitalists are generally depicted as fat men, whose girth allegedly signifies an excessive consumption of food and of wealth in general, while their alleged victims, the wage earners, are typically depicted as substantially underweight, allegedly signifying their inability to consume, thanks to the allegedly starvation wages paid by the capitalists.The truth is that in a capitalist economic system, the wealth of the capitalists is not only overwhelmingly in the form of means of production, such as factory buildings, machinery, farms, mines, stores, warehouses, and means of transportation and communication, but all of this wealth is employed in producing for the market, where its benefit is made available to everyone in the economic system who is able to afford to buy its products.Consider. Whoever can afford to buy an automobile benefits from the existence of the automobile factory and its equipment where that car was made. He also benefits from the existence of all the other automobile factories, whose existence and competition served to reduce the price he had to pay for his automobile. He benefits from the existence of the steel mill that provided the steel for his car, and from the iron mine that provided the iron ore needed for the production of that steel, and, of course, from the existence of all the other steel mills and iron mines whose existence and competition served to hold down the prices of the steel and iron ore that contributed to the production of his car.And, thanks to the great magnitude of wealth employed as capital, the demand for labor, of which capital is the foundation, is great enough and thus wages are high enough that virtually everyone is able to afford to a substantial degree most of the products of the economic system. For the capital of the capitalists is the foundation both of the supply of products that everyone buys and of the demand for the labor that all wage earners sell. More capital—a greater amount of wealth in the possession of the capitalists—means a both a larger and better supply of products for wage earners to buy and a greater demand for the labor that wage earners sell. Everyone, wage earners and capitalists alike, benefits from the wealth of the capitalists, because, as I say, that wealth is the foundation of the supply of the products that everyone buys and of the demand for the labor that all wage earners sell. More capital in the hands of the capitalists always means a more abundant, better quality of goods and services offered for sale and a larger demand for labor. The further effect is lower prices and higher wages, and thus a higher standard of living for wage earners.Furthermore, the combination of the profit motive and competition operates continually to improve the products offered in the market and the efficiency with which they are produced, thus steadily further improving the standard of living of everyone.In the alleged conflict between the so-called 99 percent and the so-called 1 percent, the program of the 99 percent is to seize as far as possible the wealth of the 1 percent and consume it. To the extent that it is enacted, the effect of this program can only be to impoverish everyone, and the 99 percent to a far greater extent than the 1 percent. To the extent that the 1 percent loses its mansions, luxury cars, and champagne and caviar, 99 times as many people lose their houses, run-of-the mill cars, and steak and hamburger.
The U.S. Constitution: A Reader
Hillsdale College Politics Faculty - 2012
Constitution: A Reader was developed for teaching the core course on the U.S. Constitution at Hillsdale College. Divided into eleven sections with introductions by members of Hillsdale's Politics Department faculty, readings cover the principles of the American founding; the framing and structure of the Constitution; the secession crisis and the Civil War; the Progressive rejection of the Constitution; and the building of the administrative state based on Progressive principles.
America in the World: A History of U.S. Diplomacy and Foreign Policy
Robert B. Zoellick - 2020
These traditions include a focus on the home continent, the role of trade relations, changing attitudes towards alliances, the bonds between countries across the Americas, and the belief in the exceptionalism of the United States.In the author's words, "The American diplomacy revealed in this book will look beyond meetings and maneuvers of envoys in gilded drawing rooms, exchanges of papers and treaties, and even the careful labors of negotiators. Diplomacy should reflect aims and means of policy, not just processes. Statecraft requires strategy. And strategy needs to reflect national visions, purposes, interests, assessments of realties, capabilities-and public support."Both a sweeping work of history and a clear-eyed guide to diplomacy past and present, America in the World will serve as a critical companion and a cautionary tale to anyone seeking to understand the implications of foreign policy under an unpredictable new administration.