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Constantly Approximating Popular Sovereignty: Seven Fundamental Principles of Constitutional Law
William & Mary Bill of Rights Journal Volume 19 (2010-2011) Issue 2 Article 2 December 2010 Constantly Approximating Popular Sovereignty: Seven Fundamental Principles of Constitutional Law Wilson R. Huhn Follow this and additional works at: https://scholarship.law.wm.edu/wmborj Part of the Constitutional Law Commons Repository Citation Wilson R. Huhn, Constantly Approximating Popular Sovereignty: Seven Fundamental Principles of Constitutional Law, 19 Wm. & Mary Bill Rts. J. 291 (2010), https://scholarship.law.wm.edu/ wmborj/vol19/iss2/2 Copyright c 2010 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/wmborj CONSTANTLY APPROXIMATING POPULAR SOVEREIGNTY: SEVEN FUNDAMENTAL PRINCIPLES OF CONSTITUTIONAL LAW Wilson R. Huhn* constantly looked to, constantly labored for, and even though never perfectly attained, constantly approximated . .1 In 1988, renowned historian Edmund S. Morgan published Inventing the People: The Rise of Popular Sovereignty in England and America.2 In that brilliant and wide-ranging book Morgan traces how, between the time of the English Civil War in the mid-seventeenth century and the adoption of the American Constitution in 1787, the idea of “popular sovereignty”—the right of the people to govern themselves— replaced the notion of “the divine right of kings” as the acknowledged source of political power.3 The central theme of Morgan’s work is that while popular sover- eignty is a “fiction” in the sense that the people of a nation cannot actually rule them- selves without creating a government,4 over the centuries our ancestors constantly labored to create a society and a government which gradually came closer to the realization of that principle—a closer approximation of the ideal of popular sover- eignty.5 At the end of Inventing the People, Morgan concludes: * C. -
The Rhinehart Collection Rhinehart The
The The Rhinehart Collection Spine width: 0.297 inches Adjust as needed The Rhinehart Collection at appalachian state university at appalachian state university appalachian state at An Annotated Bibliography Volume II John higby Vol. II boone, north carolina John John h igby The Rhinehart Collection i Bill and Maureen Rhinehart in their library at home. ii The Rhinehart Collection at appalachian state university An Annotated Bibliography Volume II John Higby Carol Grotnes Belk Library Appalachian State University Boone, North Carolina 2011 iii International Standard Book Number: 0-000-00000-0 Library of Congress Catalog Number: 0-00000 Carol Grotnes Belk Library, Appalachian State University, Boone, North Carolina 28608 © 2011 by Appalachian State University. All rights reserved. First Edition published 2011 Designed and typeset by Ed Gaither, Office of Printing and Publications. The text face and ornaments are Adobe Caslon, a revival by designer Carol Twombly of typefaces created by English printer William Caslon in the 18th century. The decorative initials are Zallman Caps. The paper is Carnival Smooth from Smart Papers. It is of archival quality, acid-free and pH neutral. printed in the united states of america iv Foreword he books annotated in this catalogue might be regarded as forming an entity called Rhinehart II, a further gift of material embodying British T history, literature, and culture that the Rhineharts have chosen to add to the collection already sheltered in Belk Library. The books of present concern, diverse in their -
Popular Sovereignty, Slavery in the Territories, and the South, 1785-1860
Louisiana State University LSU Digital Commons LSU Doctoral Dissertations Graduate School 2010 Popular sovereignty, slavery in the territories, and the South, 1785-1860 Robert Christopher Childers Louisiana State University and Agricultural and Mechanical College Follow this and additional works at: https://digitalcommons.lsu.edu/gradschool_dissertations Part of the History Commons Recommended Citation Childers, Robert Christopher, "Popular sovereignty, slavery in the territories, and the South, 1785-1860" (2010). LSU Doctoral Dissertations. 1135. https://digitalcommons.lsu.edu/gradschool_dissertations/1135 This Dissertation is brought to you for free and open access by the Graduate School at LSU Digital Commons. It has been accepted for inclusion in LSU Doctoral Dissertations by an authorized graduate school editor of LSU Digital Commons. For more information, please [email protected]. POPULAR SOVEREIGNTY, SLAVERY IN THE TERRITORIES, AND THE SOUTH, 1785-1860 A Dissertation Submitted to the Graduate Faculty of the Louisiana State University and Agricultural and Mechanical College in partial fulfillment of the requirements for the degree of Doctor of Philosophy in The Department of History by Robert Christopher Childers B.S., B.S.E., Emporia State University, 2002 M.A., Emporia State University, 2004 May 2010 For my wife ii ACKNOWLEDGMENTS Writing history might seem a solitary task, but in truth it is a collaborative effort. Throughout my experience working on this project, I have engaged with fellow scholars whose help has made my work possible. Numerous archivists aided me in the search for sources. Working in the Southern Historical Collection at the University of North Carolina at Chapel Hill gave me access to the letters and writings of southern leaders and common people alike. -
A Global Alliance for Open Society
INTRODUCTION A Global Alliance for Open Society The goal of the Soros foundations network throughout the world is to transform closed societies into open ones and to protect and expand the values of existing open societies. In pursuit of this mission, the Open Society Institute (OSI) and the foundations established and supported by George Soros seek to strengthen open society principles and practices against authoritarian regimes and the negative consequences of globalization. The Soros network supports efforts in civil society, education, media, public health, and human and women’s rights, as well as social, legal, and economic reform. 6 SOROS FOUNDATIONS NETWORK | 2001 REPORT Our foundations and programs operate in more than national government aid agencies, including the 50 countries in Central and Eastern Europe, the former United States Agency for International Soviet Union, Africa, Southeast Asia, Latin America, and Development (USAID), Britain’s Department for the United States. International Development (DFID), the Swedish The Soros foundations network supports the concept International Development Cooperation Agency of open society, which, at its most fundamental level, is (SIDA), the Canadian International Development based on the recognition that people act on imperfect Agency (CIDA), the Dutch MATRA program, the knowledge and that no one is in possession of the ultimate Swiss Agency for Development and Cooperation truth. In practice, an open society is characterized by the (SDC), the German Foreign Ministry, and a num- rule of law; respect for human rights, minorities, and ber of Austrian government agencies, including minority opinions; democratically elected governments; a the ministries of education and foreign affairs, market economy in which business and government are that operate bilaterally; separate; and a thriving civil society. -
The John U. Nef Committee on Social Thought 1
The John U. Nef Committee on Social Thought 1 The John U. Nef Committee on Social Thought Department Website: http://socialthought.uchicago.edu Chair • Robert Pippin Professors • Lorraine Daston • Wendy Doniger • Joel Isaac • Hans Joas • Gabriel Lear • Jonathan Lear • Jonathan Levy • Jean Luc Marion • Heinrich Meier • Glenn W. Most • David Nirenberg • Thomas Pavel • Mark Payne • Robert B. Pippin • Jennifer Pitts • Andrei Pop • Haun Saussy • Laura Slatkin • Nathan Tarcov • Rosanna Warren • David Wellbery Emeriti • Wendy Doniger • Leon Kass • Joel Kraemer • Ralph Lerner • James M. Redfield • David Tracy About the Committee The John U. Nef Committee on Social Thought was established as a degree granting body in 1941 by the historian John U. Nef (1899-1988), with the assistance of the economist Frank Knight, the anthropologist Robert Redfield, and Robert M. Hutchins, then President of the University. The Committee is a group of diverse scholars sharing a common concern for the unity of the human sciences. Their premises were that the serious study of any academic topic, or of any philosophical or literary work, is best prepared for by a wide and deep acquaintance with the fundamental issues presupposed in all such studies, that students should learn about these issues by acquainting themselves with a select number of classic ancient and modern texts in an inter- disciplinary atmosphere, and should only then concentrate on a specific dissertation topic. It accepts qualified graduate students seeking to pursue their particular studies within this broader context, and aims both to teach precision of scholarship and to foster awareness of the permanent questions at the origin of all learned inquiry. -
John Rawls' Theory of Justice As Fairness
ANDREAS FOLLESDAL 20121025 John Rawls' Theory of Justice as Fairness Approximately as appears in Guttorm Floistad, ed. Philosophy of Justice, Contemporary Philosophy, Springer 2014, 311-328 When do citizens have a moral duty to obey the government and support the institutions of society?1 This question is central to political philosophy. One of the 20 century's main response was John Rawls' theory of justice, "Justice as fairness", in the book A Theory of Justice, published 1971. The book Justice as Fairness was an improved and shorter presentation of Rawls' theory, published 2001 with editorial support by Erin Kelly, one of his former students. When asked how rights, duties, benefits and burdens should be distributed, the ideals of freedom and equality often conflict with each other. In domestic politics we often see such conflicts between calls for more individual freedoms and schemes for universal, egalitarian welfare arrangements. It is such conflict between liberty and equality that Rawls attempts to reconcile with his theory of justice. There are three main steps in Rawls' theory of justice. He assumes certain features characteristic of free societies, as well as some specific ideas about how society and people should be understood. Rawls believes that even people with different beliefs can agree with some principles to resolve basic conflicts over the distributional effects of social institutions. Secondly, he draws on the contract theory tradition in political philosophy, arguing that consent in some sense is necessary for the legitimate exercise of state power. Based on the requirement of consent, in a third step Rawls presents certain principles for a just society that citizens should be expected to support. -
A Political Companion to Henry David Thoreau
University of Kentucky UKnowledge Literature in English, North America English Language and Literature 6-11-2009 A Political Companion to Henry David Thoreau Jack Turner University of Washington Click here to let us know how access to this document benefits ou.y Thanks to the University of Kentucky Libraries and the University Press of Kentucky, this book is freely available to current faculty, students, and staff at the University of Kentucky. Find other University of Kentucky Books at uknowledge.uky.edu/upk. For more information, please contact UKnowledge at [email protected]. Recommended Citation Turner, Jack, "A Political Companion to Henry David Thoreau" (2009). Literature in English, North America. 70. https://uknowledge.uky.edu/upk_english_language_and_literature_north_america/70 A Political Companion to Henr y David Thoreau POLITIcaL COMpaNIONS TO GREat AMERIcaN AUthORS Series Editor: Patrick J. Deneen, Georgetown University The Political Companions to Great American Authors series illuminates the complex political thought of the nation’s most celebrated writers from the founding era to the present. The goals of the series are to demonstrate how American political thought is understood and represented by great Ameri- can writers and to describe how our polity’s understanding of fundamental principles such as democracy, equality, freedom, toleration, and fraternity has been influenced by these canonical authors. The series features a broad spectrum of political theorists, philoso- phers, and literary critics and scholars whose work examines classic authors and seeks to explain their continuing influence on American political, social, intellectual, and cultural life. This series reappraises esteemed American authors and evaluates their writings as lasting works of art that continue to inform and guide the American democratic experiment. -
FOREWORD to the PRINCETON CLASSICS EDITION Politics And
FOREWORD TO THE PRINCETON CLASSICS EDITION ••• Politics and Vision: Continuity and Innovation in Political Thoughtis both one and two books, written by both one and two political theorists. A changed world and changed thinker divides the 1960 edition from the 2004 expanded edition, the latter now ap- pearing as a Princeton Classic. First published when Sheldon S. Wolin was a young Berkeley professor, Politics and Vision quickly rose to prominence for its luminous interpretations of canoni- cal theorists and probing reflections on the shifting meaning and status of politics and political theory across Western history. A scholarly work of breathtaking scope composed in accessible literary cadences, it was exemplary of what Wolin would term “political theory as a vocation” in his 1969 essay by that name.1 Intentionally recalling Max Weber’s stipulations for scholarship and political leadership in his “Vocations” essays, and especially Weber’s contrast between career and calling, Wo- lin’s formulation of theory as a vocation distinguished political theory’s classic value from current disciplinary conventions. He sought especially to reestablish political theory’s longstanding concerns with res publicae and res gestae—concerns he termed as “irreducible and natural to the political theorist as a concern for health is to the physician.”2 With its immense erudition and close readings trained on the problematic of “the political,” Politics and Vision embodied Wolin’s insistence on political theory as “pri- marily a civic and secondarily an academic activity…a critical engagement with col- lective existence and with the political experiences of power to which it gives rise.”3 This tasking of political theory invites the sort of reading Wolin frequently performed when he taught. -
Secrecy in an Open Society Nicholas A
Union College Union | Digital Works Honors Theses Student Work 6-2011 Secrecy in an Open Society Nicholas A. Poli Union College - Schenectady, NY Follow this and additional works at: https://digitalworks.union.edu/theses Part of the Political Science Commons Recommended Citation Poli, Nicholas A., "Secrecy in an Open Society" (2011). Honors Theses. 1045. https://digitalworks.union.edu/theses/1045 This Open Access is brought to you for free and open access by the Student Work at Union | Digital Works. It has been accepted for inclusion in Honors Theses by an authorized administrator of Union | Digital Works. For more information, please contact [email protected]. Secrecy in an Open Society By Nick Poli ********* Submitted in partial fulfillment Of the requirements for Honors in the Departments of Political Science and Philosophy UNION COLLEGE June, 2011 i Abstract POLI, NICK Secrecy in an Open Society. Departments of Political Science and Philosophy, June 2011 Advisors: Tom Lobe and Leo Zaibert This thesis explores the difficult task of finding a balance of secrecy and openness in America. The common notion is that America is an open society; however, with an intelligence community predicated upon secrecy, an imbalance of power between the Executive and Congress, a media which does not always report objective news, and a complacent American public, openness ultimately becomes more difficult to maintain. To find a balance, I propose a hypothetical spectrum of openness in which there is a straight line with two endpoints- one endpoint representing complete secrecy, the other complete openness. I argue that both ends of the spectrum are extreme and undesirable and that America’s goal should be to err on the side of more openness while maintaining responsible secrecy. -
The Restless Liberalism of Alexis De Tocqueville
FILOZOFIA ___________________________________________________________________________Roč. 72, 2017, č. 9 THE RESTLESS LIBERALISM OF ALEXIS DE TOCQUEVILLE JAKUB TLOLKA, London School of Economics and Political Science, London, UK TLOLKA, J.: The Restless Liberalism of Alexis de Tocqueville FILOZOFIA, 72, No. 9, 2017, pp. 736-747 This essay attempts to contextualise the purported novelty of Alexis de Tocqueville’s particular brand of liberalism. It regards the author not as an heir or precursor to any given political tradition, but rather as a compelled syncretist whose primary philosophical concern was the moral significance of the democratic age. It suggests that Tocqueville devised his ‘new political science’ with a keen view to the existential implications of modernity. In order to support that suggestion, the essay explores the genealogy of Tocqueville’s moral and political thought and draws a relation between his analysis of democracy and his personal experience of modernity. Keywords: A. de Tocqueville – Modernity – Liberalism – Inquiétude – Religion Introduction. Relatively few authors in the history of political thought have produced an intellectual legacy of such overarching resonance as Alexis de Tocqueville. Even fewer, perhaps, have so persistently eluded ordinary analytical and exegetical frameworks, presenting to each astute observer a face so nuanced as to preclude serious interpretive consensus. As writes Lakoff (Lakoff 1998), ‘disagreement over textual interpretation in the study of political thought is not uncommon’. However, ‘it usually arises around those who left writings of a patently divergent character’ (p. 437). When we thus consider the ‘extraordinarily coherent and consistent nature’ of Alexis de Tocqueville’s political philosophy, it appears somewhat odd that the academic consensus surrounding that author relates almost exclusively to the grandeur of his intellectual achievement (Lukacs 1959, 6). -
American Civil Associations and the Growth of American Government: an Appraisal of Alexis De Tocqueville’S Democracy in America (1835-1840) Applied to Franklin D
City University of New York (CUNY) CUNY Academic Works All Dissertations, Theses, and Capstone Projects Dissertations, Theses, and Capstone Projects 2-2017 American Civil Associations and the Growth of American Government: An Appraisal of Alexis de Tocqueville’s Democracy in America (1835-1840) Applied to Franklin D. Roosevelt's New Deal and the Post-World War II Welfare State John P. Varacalli The Graduate Center, City University of New York How does access to this work benefit ou?y Let us know! More information about this work at: https://academicworks.cuny.edu/gc_etds/1828 Discover additional works at: https://academicworks.cuny.edu This work is made publicly available by the City University of New York (CUNY). Contact: [email protected] AMERICAN CIVIL ASSOCIATIONS AND THE GROWTH OF AMERICAN GOVERNMENT: AN APPRAISAL OF ALEXIS DE TOCQUEVILLE’S DEMOCRACY IN AMERICA (1835- 1840) APPLIED TO FRANKLIN D. ROOSEVELT’S NEW DEAL AND THE POST-WORLD WAR II WELFARE STATE by JOHN P. VARACALLI A master’s thesis submitted to the Graduate Program in Liberal Studies in partial fulfillment of the requirements for the degree of Master of Arts, The City University of New York 2017 © 2017 JOHN P. VARACALLI All Rights Reserved ii American Civil Associations and the Growth of American Government: An Appraisal of Alexis de Tocqueville’s Democracy in America (1835-1840) Applied to Franklin D. Roosevelt’s New Deal and the Post World War II Welfare State by John P. Varacalli The manuscript has been read and accepted for the Graduate Faculty in Liberal Studies in satisfaction of the thesis requirement for the degree of Master of Arts ______________________ __________________________________________ Date David Gordon Thesis Advisor ______________________ __________________________________________ Date Elizabeth Macaulay-Lewis Acting Executive Officer THE CITY UNIVERSITY OF NEW YORK iii ABSTRACT American Civil Associations and the Growth of American Government: An Appraisal of Alexis de Tocqueville’s Democracy in America (1835-1840) Applied to Franklin D. -
Alexis De Tocqueville Chronicler of the American Democratic Experiment
Economic Insights FEDERAL RESERVE BANK OF DALLAS VOLUME 5, NUMBER 1 Alexis de Tocqueville Chronicler of the American Democratic Experiment The Early Years bring Tocqueville fame and honors. In Born in Paris in 1805, Alexis- 1833, about a year after Tocqueville We are pleased to add this piece on Charles-Henri Clérel de Tocqueville returned to France, the report on Alexis de Tocqueville to our series of profiles entered the world in the early and most American prisons, The U.S. Penitentiary powerful days of Napoleon’s empire. System and Its Application in France, that began with Frédéric Bastiat and Friedrich His parents were of the nobility and was published. von Hayek. Both Bastiat and Hayek were had taken the historical family name of Things in France changed for Beau- strong and influential proponents of indi- Tocqueville, which dated from the mont and Tocqueville upon their return early 17th century and was a region after 10 months in America. Both men vidual liberty and free enterprise. While they of France known previously as the left the judiciary. Beaumont was offi- approached those topics from a theoretical Leverrier fief. cially let go, and Tocqueville resigned perspective, Tocqueville’s views on early Tocqueville’s father supported the in sympathetic protest. Tocqueville then French monarchy and played no seri- had ample time to work on his master- American and French democracy were based ous role in public affairs until after piece, Democracy in America. Volume 1 on his keen personal observations and his- Napoleon’s final defeat at Waterloo, was published in 1835.