Separation of Powers Or Separation of Personnel , 79 Cornell L
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This Constitution: a Bicentennial Chronicle, Nos. 14-18
DOCUMENT RESUME ED 300 290 SO 019 380 AUTHOR Mann, Shelia, Ed. TITLE This Constitution: A Bicentennial Chronicle, Nos. 14-18. INSTITUTION American Historical Association, Washington, D.C.; American Political Science Association, Washington, D.C.; Project '87, Washington, DC. SPONS AGENCY National Endowment for the Humanities (NFAH), Washington, D.C. PUB DATE 87 NOTE 321p.; For related document, see ED 282 814. Some photographs may not reproduce clearly. AVAILABLE FROMProject '87, 1527 New Hampshire Ave., N.W., Washington, DC 20036 nos. 13-17 $4.00 each, no. 18 $6.00). PUB TYPE Collected Works - Serials (022) -- Historical Materials (060) -- Guides - Classroom Use - Guides (For Teachers) (052) JOURNAL CIT This Constitution; n14-17 Spr Sum Win Fall 1987 n18 Spr-Sum 1988 EDRS PRICE MFO1 Plus Postage. PC Not Available from EDRS. DESCRIPTORS Class Activities; *Constitutional History; *Constitutional Law; History Instruction; Instructioral Materials; Lesson Plans; Primary Sources; Resource Materials; Secondary Education; Social Studies; United States Government (Course); *United States History IDENTIFIERS *Bicentennial; *United States Constitution ABSTRACT Each issue in this bicentennial series features articles on selected U.S. Constitution topics, along with a section on primary documents and lesson plans or class activities. Issue 14 features: (1) "The Political Economy of tne Constitution" (K. Dolbeare; L. Medcalf); (2) "ANew Historical Whooper': Creating the Art of the Constitutional Sesquicentennial" (K. Marling); (3) "The Founding Fathers and the Right to Bear Arms: To Keep the People Duly Armed" (R. Shalhope); and (4)"The Founding Fathers and the Right to Bear Arms: A Well-Regulated Militia" (L. Cress). Selected articles from issue 15 include: (1) "The Origins of the Constitution" (G. -
Judicial Law Reform
CHAPTER VI· JUDICIAL LAW REFORM A. JUDGES AS LAW REFORMERS Most members of the judiciary hastily deny any implication that they reform the law. According to Lord Simonds, "heterodoxy, or as some might say, heresy is not the more attractive because it is dignified by the name of reform" and law reform "is the task not ofthe courts oflaw but ofPar liament".) Similarly, O'Higgins, C.l. says in the Norris case that Judges may, and do, share with other citizens a concern and interest in desirable changes and reform in our laws; but, under the Constitution, they have no func tion in achieving such by judicial decision....[T]he sole and exclusive power of altering the law of Ireland is, by the Constitution [Article 15.2.1], vested in the Oireachtas. The courts declare what the law is -- it is for the Oireachtas to make changes ifit so thinks proper.2 Similar views are expressed by Viscount Dilhome in Cassell & Co. Ltd. v Broome,3 by Lord ) ScrutlOns Ltd. v. Midland Silicones Ltd. [1962] AC 446 at 467/8 2 Norris v A.G. [1984] IR 36 at 53. See also Costello l. in Anorney General v Paperlink [1984] ll..RM 373 at 388-9 and Henchy J. in Siney v Dublin Corporation [1980] IR 400 at 420-1. 3 [1972) AC 1027 at 1107: "As I understand the judicial functions ofthis House, although they involve applying well established principles to new situations, they do not involve adjusting the common law to what are thought to be the social nonns of the time. -
The Long Red Thread How Democratic Dominance Gave Way to Republican Advantage in Us House of Representatives Elections, 1964
THE LONG RED THREAD HOW DEMOCRATIC DOMINANCE GAVE WAY TO REPUBLICAN ADVANTAGE IN U.S. HOUSE OF REPRESENTATIVES ELECTIONS, 1964-2018 by Kyle Kondik A thesis submitted to Johns Hopkins University in conformity with the requirements for the degree of Master of Arts Baltimore, Maryland September 2019 © 2019 Kyle Kondik All Rights Reserved Abstract This history of U.S. House elections from 1964-2018 examines how Democratic dominance in the House prior to 1994 gave way to a Republican advantage in the years following the GOP takeover. Nationalization, partisan realignment, and the reapportionment and redistricting of House seats all contributed to a House where Republicans do not necessarily always dominate, but in which they have had an edge more often than not. This work explores each House election cycle in the time period covered and also surveys academic and journalistic literature to identify key trends and takeaways from more than a half-century of U.S. House election results in the one person, one vote era. Advisor: Dorothea Wolfson Readers: Douglas Harris, Matt Laslo ii Table of Contents Abstract…………………………………………………………………………………....ii List of Tables……………………………………………………………………………..iv List of Figures……………………………………………………………………………..v Introduction: From Dark Blue to Light Red………………………………………………1 Data, Definitions, and Methodology………………………………………………………9 Chapter One: The Partisan Consequences of the Reapportionment Revolution in the United States House of Representatives, 1964-1974…………………………...…12 Chapter 2: The Roots of the Republican Revolution: -
Table of Contents
T a b l e C o n T e n T s I s s u e 9 s u mm e r 2 0 1 3 o f pg 4 pg 18 pg 26 pg 43 Featured articles Pg 4 abraham lincoln and Freedom of the Press A Reappraisal by Harold Holzer Pg 18 interbranch tangling Separating Our Constitutional Powers by Judith s. Kaye Pg 26 rutgers v. Waddington Alexander Hamilton and the Birth Pangs of Judicial Review by David a. Weinstein Pg 43 People v. sanger and the Birth of Family Planning clinics in america by Maria T. Vullo dePartments Pg 2 From the executive director Pg 58 the david a. Garfinkel essay contest Pg 59 a look Back...and Forward Pg 66 society Officers and trustees Pg 66 society membership Pg 70 Become a member Back inside cover Hon. theodore t. Jones, Jr. In Memoriam Judicial Notice l 1 From the executive director udicial Notice is moving forward! We have a newly expanded board of editors Dearwho volunteer Members their time to solicit and review submissions, work with authors, and develop topics of legal history to explore. The board of editors is composed J of Henry M. Greenberg, Editor-in-Chief, John D. Gordan, III, albert M. rosenblatt, and David a. Weinstein. We are also fortunate to have David l. Goodwin, Assistant Editor, who edits the articles and footnotes with great care and knowledge. our own Michael W. benowitz, my able assistant, coordinates the layout and, most importantly, searches far and wide to find interesting and often little-known images that greatly compliment and enhance the articles. -
Sorcerer's Apprentices
Faculty & Research The Spirit of Despotism: Understanding the Tyrant Within by M. Kets de Vries 2004/17/ENT Working Paper Series The Spirit of Despotism: Understanding the Tyrant Within Manfred F. R. Kets de Vries* * Raoul de Vitry d’Avaucourt Clinical Professor of Leadership Development, INSEAD, France & Singapore. Director, INSEAD’s Global Leadership Centre. 1 Abstract The objective of this article is to better understand the developmental history of despotic regimes and the existence of leadership by terror. To gain greater insight into this phenomenon, the unusual relationship between leaders and followers in despotic regimes is explored, and the self-destructive cycle that characterizes such regimes is examined. The price paid in the form of human suffering and the breakdown of the moral fabric of a society is highlighted. In this article, particular attention is paid to highly intrusive totalitarian regimes. The levers used by such regimes to consolidate their power base are discussed in detail. The role of ideology, the enforcement of mind-control, the impact of the media, the inception of the illusion of solidarity, and the search for scapegoats are part of the review. Finally, suggestions are made on how to prevent despotic leaders from gaining a hold on power. Observations are made about the newly founded International Criminal Court, a permanent international judicial body that has been specially set up to try despotic rulers for genocide, crimes against humanity, and war crimes. KEY WORDS: Despotism; tyrant; leadership; totalitarianism; autocracy; tyranny; dictatorship; societal regression; democracy; paranoia; narcissism; scapegoat; ideology; mind-control; aggression; violence; sadism; terror; genocide; war; crimes against humanity; war criminal; International Criminal Court. -
USAID Legal Empowerment of the Poor
LEGAL EMPOWERMENT OF THE POOR: FROM CONCEPTS TO ASSESSMENT MARCH 2007 This publicationLAND AND was BUSINESS produced FORMALIZATION for review FOR by LEGAL the United EMPOWE StatesRMENT Agency OF THE POOR: for STRATEGIC OVERVIEW PAPER 1 International Development. It was prepared by ARD, Inc. Legal Empowerment of the Poor: From Concepts to Assessment. Paper by John W. Bruce (Team Leader), Omar Garcia-Bolivar, Tim Hanstad, Michael Roth, Robin Nielsen, Anna Knox, and Jon Schmidt Prepared for the United States Agency for International Development, Contract Number EPP-0- 00-05-00015-00, UN High Commission – Legal Empowerment of the Poor, under Global - Man- agement, Organizational and Business Improvement Services (MOBIS). Implemented by: ARD, Inc. 159 Bank Street, Suite 300 Burlington, VT 05401 Cover Photo: Courtesy of USAID. At a village bank in Djiguinoune, Senegal, women line up with account booklets and monthly savings that help secure fresh loans to fuel their small businesses. LEGAL EMPOWERMENT OF THE POOR FROM CONCEPTS TO ASSESSMENT MARCH 2007 DISCLAIMER The authors’ views expressed in this publication do not necessarily reflect the views of the United States Agency for International Development or the United States Government. CONTENTS ACRONYMS AND ABBREVIATIONS..................................................................................... iii 1.0 DEFINING LEGAL EMPOWERMENT OF THE POOR .....................................................1 2.0 SUBSTANTIVE DIMENSIONS OF LEGAL EMPOWERMENT .........................................5 -
The Economic Foundations of Authoritarian Rule
University of South Carolina Scholar Commons Theses and Dissertations 2017 The conomicE Foundations of Authoritarian Rule Clay Robert Fuller University of South Carolina Follow this and additional works at: https://scholarcommons.sc.edu/etd Part of the Political Science Commons Recommended Citation Fuller, C. R.(2017). The Economic Foundations of Authoritarian Rule. (Doctoral dissertation). Retrieved from https://scholarcommons.sc.edu/etd/4202 This Open Access Dissertation is brought to you by Scholar Commons. It has been accepted for inclusion in Theses and Dissertations by an authorized administrator of Scholar Commons. For more information, please contact [email protected]. THE ECONOMIC FOUNDATIONS OF AUTHORITARIAN RULE by Clay Robert Fuller Bachelor of Arts West Virginia State University, 2008 Master of Arts Texas State University, 2010 Master of Arts University of South Carolina, 2014 Submitted in Partial Fulfillment of the Requirements For the Degree of Doctor of Philosophy in Political Science College of Arts and Sciences University of South Carolina 2017 Accepted by: John Hsieh, Major Professor Harvey Starr, Committee Member Timothy Peterson, Committee Member Gerald McDermott, Committee Member Cheryl L. Addy, Vice Provost and Dean of the Graduate School © Copyright Clay Robert Fuller, 2017 All Rights Reserved. ii DEDICATION for Henry, Shannon, Mom & Dad iii ACKNOWLEDGEMENTS Special thanks goes to God, the unconditional love and support of my wife, parents and extended family, my dissertation committee, Alex, the institutions of the United States of America, the State of South Carolina, the University of South Carolina, the Department of Political Science faculty and staff, the Walker Institute of International and Area Studies faculty and staff, the Center for Teaching Excellence, undergraduate political science majors at South Carolina who helped along the way, and the International Center on Nonviolent Conflict. -
CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 7 May 25, 2006 EXECUTIVE SESSION NAYS—30 Mr
9602 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 7 May 25, 2006 EXECUTIVE SESSION NAYS—30 Mr. Kavanaugh was a deputy, with as Akaka Durbin Levin many as nine other such deputies on Baucus Feingold Menendez his level. Bayh Harkin Mikulski He was candid in some criticism of NOMINATION OF BRETT M. Bingaman Inouye Murray Boxer Jeffords Reed the handling of the matter; the public KAVANAUGH TO BE UNITED Cantwell Johnson Reid release of the report was not the choos- STATES CIRCUIT JUDGE FOR Clinton Kennedy Sarbanes ing of Independent Counsel. He testi- THE DISTRICT OF COLUMBIA Dayton Kerry Schumer Dodd Lautenberg Stabenow fied that he believed that the Inde- CIRCUIT—Resumed Dorgan Leahy Wyden pendent Counsel statute ought to be The PRESIDING OFFICER. Under NOT VOTING—3 changed materially if it was to be re- the previous order, the Chair lays be- vised and that having Mr. Starr both Conrad Rockefeller Salazar fore the Senate the pending cloture on Whitewater and the impeachment of motion, which the clerk will state. The PRESIDING OFFICER. On this the President was too much. The legislative clerk read as follows: vote, the ayes are 67, the nays are 30. He wrote a law review article on the Three-fifths of the Senators duly cho- CLOTURE MOTION issue of peremptory challenges for sen and sworn having voted in the af- Black jurors and took the position that We the undersigned Senators, in accord- firmative, the motion is agreed to. ance with the provisions of rule XXII of the it was inappropriate, should not be Standing Rules of the Senate, do hereby The PRESIDING OFFICER. -
THE SURGEON GENERAL and the BULLY PULPIT Michael Stobbe a Dissertation Submitted to the Faculty of the University of North Carol
THE SURGEON GENERAL AND THE BULLY PULPIT Michael Stobbe A dissertation submitted to the faculty of the University of North Carolina at Chapel Hill in partial fulfillment of the requirements for the degree of Doctor of Public Health in the Department of Health Policy and Administration, School of Public Health Chapel Hill 2008 Approved by: Ned Brooks Jonathan Oberlander Tom Ricketts Karl Stark Bryan Weiner ABSTRACT MIKE STOBBE: The Surgeon General and the Bully Pulpit (Under the direction of Ned Brooks) This project looks at the role of the U.S. Surgeon General in influencing public opinion and public health policy. I examined historical changes in the administrative powers of the Surgeon General, to explain what factors affect how a Surgeon General utilizes the office’s “bully pulpit,” and assess changes in the political environment and in who oversees the Surgeon General that may affect the Surgeon General’s future ability to influence public opinion and health. This research involved collecting and analyzing the opinions of journalists and key informants such as current and former government health officials. I also studied public documents, transcripts of earlier interviews and other materials. ii TABLE OF CONTENTS LIST OF TABLES.................................................................................................................v Chapter 1. INTRODUCTION ...............................................................................................1 Background/Overview .........................................................................................1 -
George H.W. Bush, "Speech at Penn State University" (23 September 1992)
Voices of Democracy 2 (2007): 126‐151 Hogan & Mehltretter 126 GEORGE H.W. BUSH, "SPEECH AT PENN STATE UNIVERSITY" (23 SEPTEMBER 1992) J. Michael Hogan and Sara Ann Mehltretter Pennsylvania State University Abstract: During the 1992 presidential campaign, President George H. W. Bush lost a lead in the polls and subsequently the presidency to Bill Clinton. This study helps to account for that loss by illuminating weaknesses in his campaign stump speech. Bush's speech at Penn State University reflected his difficulties in distinguishing himself from his challenger and articulating a vision for his second term. The essay also illustrates larger controversies over politics and free speech on campus. Key Words: 1992 presidential election, George H. W. Bush, Bill Clinton, campaign speeches, free speech on campus, Penn State University On September 23, 1992, President George H.W. Bush brought his reelection campaign to the University Park campus of the Pennsylvania State University. Speaking on the steps of Old Main to a cheering crowd of supporters, Bush said little new in the speech. Yet it still proved controversial, not so much because of what Bush said, but because of the way the event was staged. Sparking controversy over the distribution of tickets and the treatment of protestors at the event, Bush's appearance dramatized the difficulties of staging campaign events at colleges and universities. It also raised larger issues about politics and free speech on campus. Bush's speech at Penn State was carefully prepared and vetted by his speech‐ writing staff and White House advisers. Yet despite all the effort that went into the speech, it was vague, uninspired, and unresponsive to criticisms of his administration, reflecting the larger problems with Bush's faltering campaign. -
Revolutionary Period (1763-1789) Part 3: Constitutional Convention
Revolutionary Period (1763-1789) Part 3: Constitutional Convention The Constitutional Convention was held in 1787 in Philadelphia. Fifty-five delegates met to revise, or improve, the nation’s first constitution, the Articles of Confederation. The Articles were so weak, the framers decided to a write a new constitution. The U.S. Constitution created a strong national government, but with limits against the abuse of power. After the convention ended, the states ratified the new constitution. Problems under the Delegates meet at States ratify the new Articles of Confederation Constitutional constitution. Examples: no president Convention in 1787 and States have too write a new constitution. much power The most important conflict at the Convention was over Another conflict was over the counting of slaves when representation in the legislative branch (Congress). determining the number of representatives each state received in the House of Representatives. Virginia Plan New Jersey Plan Northern States Southern States -large state plan -small state plan -did not want to count -wanted to count -2-house legislature -1-house legislature slaves as part of the slaves as part of the -proportional -equal representation population population representation (population) Great Compromise 3/5 Compromise -2-house legislature -three-fifths of all -House of Representatives (proportional slaves would be representation) counted as part of the -Senate – equal representation (2 per population for state) representation Ratification Terms to Know Federalists – supported ratification of the Constitution Delegate - representative Federalist Papers – written by James Madison, Alexander Hamilton, Framer - someone who and John Jay is support of ratification helped write the Constitution Anti-Federalists – opposed ratification of the Constitution, mainly Ratify - to approve or because it did not have a bill of rights accept . -
History and Structure of Article Iii
THE HISTORY AND STRUCTURE OF ARTICLE III DANIEL J. MELTZERt In his present article and two that preceded it,' Akhil Amar takes issue with what has come to be regarded as the traditional view of article III-that Congress has plenary authority over federal court jurisdiction. According to that view, Congress may deprive the lower federal courts, the Supreme Court, or all federal courts of jurisdic- tion over any cases within the federal judicial power, excepting only 2 those few that fall within the Supreme Court's original jurisdiction. Amar's powerful challenge to this tradition resembles two other t Professor of Law, Harvard University. A.B. 1972, J.D. 1975, Harvard University. I am grateful to Dick Fallon, Willy Fletcher, Gerry Gunther, and David Shapiro for their encouragement and perceptive comments, and to Matt Kreeger and Sylvia Quast for helpful suggestions and tireless research assistance. Special thanks go to Akhil Amar, whose careful and probing criticism saved me from errors and clarified my own thinking, even though he did not quite convert me. 1 See Amar, Marbury, Section 13, and the OriginalJurisdiction of the Supreme Court, 56 U. CHI. L. REv. 443 (1989) [hereinafter Amar, OriginalJurisdiction]; Amar, A Neo- FederalistFiew ofArticle III: Separatingthe Two Tiers of FederalJurisdiction,65 B.U.L. REv. 205 (1985) [hereinafter Amar, Neo-Federalist View]. 2 See, e.g., Bator, CongressionalPower Over the Jurisdiction of the Federal Courts, 27 VILL. L. REV. 1030, 1030-31 (1982); Gunther, Congressional Power to Curtail Federal CourtJurisdiction: An Opinionated Guide to the Ongoing Debate, 36 STAN. L. REV. 895, 901- 10 (1984); Redish, Congressional Power to Regulate Supreme Court Appellate Jurisdiction Under the Exceptions Clause: An Internal and External Examination, 27 VILL.