Splitting Sovereignty: the Legislative Power and the Constitution's Federation of Independent States
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War and the Constitutional Text John C
War and the Constitutional Text John C. Yoo∗ In a series of articles, I have criticized the view that the original under- standing of the Constitution requires that Congress provide its authorization before the United States can engage in military hostilities.1 This “pro- Congress” position ignores the constitutional text and structure, errs in in- terpreting the ratification history of the Constitution, and cannot account for the practice of the three branches of government. Instead of the rigid proc- ess advocated by scholars such as Louis Henkin, John Hart Ely, Louis Fisher, Michael Glennon, and Harold Koh,2 I have argued that the Constitu- tion creates a flexible system of war powers. That system provides the president with significant initiative as commander-in-chief, while reserving to Congress ample authority to check executive policy through its power of the purse. In this scheme, the Declare War Clause confers on Congress a ju- ridical power, one that both defines the state of international legal relations ∗ Professor of Law, University of California at Berkeley School of Law (Boalt Hall) (on leave); Deputy Assistant Attorney General, Office of Legal Counsel, United States Department of Justice. The views expressed here are those of the author alone and do not represent the views of the Department of Justice. I express my deep appreciation for the advice and assistance of James C. Ho in preparing this response. Robert Delahunty, Jack Goldsmith, and Sai Prakash provided helpful comments on the draft. 1 See John C. Yoo, Kosovo, War Powers, and the Multilateral Future, 148 U Pa L Rev 1673, 1686–1704 (2000) (discussing the original understanding of war powers in the context of the Kosovo conflict); John C. -
Prince Edward Island and Confederation 1863-1873
CCHA, Report, 28 (1961), 25-30 Prince Edward Island and Confederation 1863-1873 Francis William Pius BOLGER, Ph.D. St. Dunstan’s University, Charlottetown The idea of Confederation did not receive serious consideration in Prince Edward Island prior to the year 1863. Ten more years elapsed before the subject of union with the British North American Colonies moved into the non-academic and practical sphere. The position of the Island in the Confederation negotiations illustrated in large measure the characteristics of its politics and its attitude to distant administrations. This attitude might best be described simply as a policy of exclusiveness. The history of the Confederation negotiations in Prince Edward Island consisted of the interplay of British, Canadian, and Maritime influences upon this policy. It is the purpose of this paper to tell the story of Confederation in Prince Edward Island from 1863 to 1873. The policy of exclusiveness, which characterized Prince Erward Island’s attitude to Confederation, was clearly revealed in the political arena. The Islanders had a profound respect for local self-government. They enjoyed their political independence, particularly after the attainment of responsible government in 1851, and did not wish to see a reduction in the significance of their local institutions. They realized, moreover, that they would have an insignificant voice in a centralized legislature, and as a result they feared that their local needs would be disregarded. Finally, previous frustrating experience with the Imperial government with respect to the settlement of the land question on the Island had taught the Islanders that it was extremely hazardous to trust the management of local problems to distant and possibly unsympathetic administrations. -
The Rise of the Territorial State and the Treaty of Westphalia
The Rise of the Territorial State and The Treaty Of Westphalia Dr Daud Hassan* I. INTRODUCTION Territory is one of the most important ingredients of Statehood. It is a tangible attribute of Statehood, defining and declaring the physical area within which a state can enjoy and exercise its sovereignty. I According to Oppenheim: State territory is that defined portion of the surface of the globe which is subject to the sovereignty of the state. A State without a territory is not possible, although the necessary territory may be very smalJ.2 Indispensably States are territorial bodies. In the second Annual message to Congress, December 1. 1862, in defining a Nation, Abraham Lincoln identified the main ingredients of a State: its territory. its people and its law. * Dr Hassan is a lecturer at the Faculty of Law. University of Technology, Sydney. He has special interests in international law. international and comparative environmental law and the law of the sea. The term sovereignty is a complex and poorly defined concept. as it has a long troubled history. and a variety of meanings. See Crawford J, The Creation of States in International Law ( 1979) 26. For example, Hossain identifies three meanings of sovereignty: I. State sovereignty as a distinctive characteristic of states as constituent units of the international legal system: 2. Sovereignty as freedom of action in respect of all matters with regard to which a state is not under any legal obligation: and 3. Sovereignty as the minimum amount of autonomy II hich a state must possess before it can he accorded the status of a sovereign state. -
Saxony: Landscapes/Rivers and Lakes/Climate
Freistaat Sachsen State Chancellery Message and Greeting ................................................................................................................................................. 2 State and People Delightful Saxony: Landscapes/Rivers and Lakes/Climate ......................................................................................... 5 The Saxons – A people unto themselves: Spatial distribution/Population structure/Religion .......................... 7 The Sorbs – Much more than folklore ............................................................................................................ 11 Then and Now Saxony makes history: From early days to the modern era ..................................................................................... 13 Tabular Overview ........................................................................................................................................................ 17 Constitution and Legislature Saxony in fine constitutional shape: Saxony as Free State/Constitution/Coat of arms/Flag/Anthem ....................... 21 Saxony’s strong forces: State assembly/Political parties/Associations/Civic commitment ..................................... 23 Administrations and Politics Saxony’s lean administration: Prime minister, ministries/State administration/ State budget/Local government/E-government/Simplification of the law ............................................................................... 29 Saxony in Europe and in the world: Federalism/Europe/International -
J. Van Der Kroef on the Sovereignty of Indonesian States: a Rejoinder
J. van der Kroef On the sovereignty of Indonesian states: a rejoinder. (Zie nr. 1562) In: Bijdragen tot de Taal-, Land- en Volkenkunde 117 (1961), no: 2, Leiden, 238-266 This PDF-file was downloaded from http://www.kitlv-journals.nl Downloaded from Brill.com10/03/2021 01:24:14AM via free access ON THE SOVEREIGNTY OF INDONESIAN STATES: A REJOINDER s always I have read Professor Resink's recent essay on the Indonesian states 1 with great interest. Unfortunately, per- hapAs even more in this latest essay than in most of his other publi- cations, the narrowly focussed jurist, painstakingly gathering precedent, gets in the way of the more widely oriented historian, alert to the total pattern of historie forces and careful to consider the context of each utterance and action. The essay under discussion also contains (pp. 331—332, note 56) a reply to an earlier criticism,2 which I had already occasion to make of Resink's work, and so I may perhaps be permitted to cast this rejoinder in terms of a more comprehensive objection to the purport of Resink's latest paper. There are three points in Professor Resink's essay which, I think, require consideration and to which this rejoinder is addressed. First there is an interpretation of certain statements made by Margadant, Colijn, Verbeek, and others, which leads to the assertion (p. 332, note 56) that these statements question the principle of Dutch sover- eignty in the Indonesian archipelago, specifically in relation to the Indonesian states. Secondly, there is the analysis of how (what Resink calls) the "myth" of a three centuries long présence Nêerlandaise in Indonesia came into being, a process reflected in the work of Stapel and — implicit in Resink's view — further aided and abetted by that historian and others who in the 1930's, under the threat of international developments and of "communistic and nationalistic movements" (p. -
General Observations About the Free State Provincial Government
A Better Life for All? Fifteen Year Review of the Free State Provincial Government Prepared for the Free State Provincial Government by the Democracy and Governance Programme (D&G) of the Human Sciences Research Council. Ivor Chipkin Joseph M Kivilu Peliwe Mnguni Geoffrey Modisha Vino Naidoo Mcebisi Ndletyana Susan Sedumedi Table of Contents General Observations about the Free State Provincial Government........................................4 Methodological Approach..........................................................................................................9 Research Limitations..........................................................................................................10 Generic Methodological Observations...............................................................................10 Understanding of the Mandate...........................................................................................10 Social attitudes survey............................................................................................................12 Sampling............................................................................................................................12 Development of Questionnaire...........................................................................................12 Data collection....................................................................................................................12 Description of the realised sample.....................................................................................12 -
A Global Comparison of Non-Sovereign Island Territories: the Search for ‘True Equality’
Island Studies Journal, 15(1), 2020, 43-66 A global comparison of non-sovereign island territories: the search for ‘true equality’ Malcom Ferdinand CNRS, Paris, France [email protected] Gert Oostindie KITLV, the Netherlands Leiden University, the Netherlands [email protected] (corresponding author) Wouter Veenendaal KITLV, the Netherlands Leiden University, the Netherlands [email protected] Abstract: For a great majority of former colonies, the outcome of decolonization was independence. Yet scattered across the globe, remnants of former colonial empires are still non-sovereign as part of larger metropolitan states. There is little drive for independence in these territories, virtually all of which are small island nations, also known as sub-national island jurisdictions (SNIJs). Why do so many former colonial territories choose to remain non-sovereign? In this paper we attempt to answer this question by conducting a global comparative study of non-sovereign jurisdictions. We start off by analyzing their present economic, social and political conditions, after which we assess local levels of (dis)content with the contemporary political status, and their articulation in postcolonial politics. We find that levels of discontent and frustration covary with the particular demographic, socio- economic and historical-cultural conditions of individual territories. While significant independence movements can be observed in only two or three jurisdictions, in virtually all cases there is profound dissatisfaction and frustration with the contemporary non-sovereign arrangement and its outcomes. Instead of achieving independence, the territories’ real struggle nowadays is for obtaining ‘true equality’ with the metropolis, as well as recognition of their distinct cultural identities. -
The Free State, South Africa
Higher Education in Regional and City Development Higher Education in Regional and City Higher Education in Regional and City Development Development THE FREE STATE, SOUTH AFRICA The third largest of South Africa’s nine provinces, the Free State suffers from The Free State, unemployment, poverty and low skills. Only one-third of its working age adults are employed. 150 000 unemployed youth are outside of training and education. South Africa Centrally located and landlocked, the Free State lacks obvious regional assets and features a declining economy. Jaana Puukka, Patrick Dubarle, Holly McKiernan, How can the Free State develop a more inclusive labour market and education Jairam Reddy and Philip Wade. system? How can it address the long-term challenges of poverty, inequity and poor health? How can it turn the potential of its universities and FET-colleges into an active asset for regional development? This publication explores a range of helpful policy measures and institutional reforms to mobilise higher education for regional development. It is part of the series of the OECD reviews of Higher Education in Regional and City Development. These reviews help mobilise higher education institutions for economic, social and cultural development of cities and regions. They analyse how the higher education system T impacts upon regional and local development and bring together universities, other he Free State, South Africa higher education institutions and public and private agencies to identify strategic goals and to work towards them. CONTENTS Chapter 1. The Free State in context Chapter 2. Human capital and skills development in the Free State Chapter 3. -
What Was the Iroquois Confederacy?
04 AB6 Ch 4.11 4/2/08 11:22 AM Page 82 What was the 4 Iroquois Confederacy? Chapter Focus Questions •What was the social structure of Iroquois society? •What opportunities did people have to participate in decision making? •What were the ideas behind the government of the Iroquois Confederacy? The last chapter explored the government of ancient Athens. This chapter explores another government with deep roots in history: the Iroquois Confederacy. The Iroquois Confederacy formed hundreds of years ago in North America — long before Europeans first arrived here. The structure and principles of its government influenced the government that the United States eventually established. The Confederacy united five, and later six, separate nations. It had clear rules and procedures for making decisions through representatives and consensus. It reflected respect for diversity and a belief in the equality of people. Pause The image on the side of this page represents the Iroquois Confederacy and its five original member nations. It is a symbol as old as the Confederacy itself. Why do you think this symbol is still honoured in Iroquois society? 82 04 AB6 Ch 4.11 4/2/08 11:22 AM Page 83 What are we learning in this chapter? Iroquois versus Haudenosaunee This chapter explores the social structure of Iroquois There are two names for society, which showed particular respect for women and the Iroquois people today: for people of other cultures. Iroquois (ear-o-kwa) and Haudenosaunee It also explores the structure and processes of Iroquois (how-den-o-show-nee). government. Think back to Chapter 3, where you saw how Iroquois is a name that the social structure of ancient Athens determined the way dates from the fur trade people participated in its government. -
"Sovereignty" in National League of Cities V. Usery*
States' Rights and States' Roles: Permutations of "Sovereignty" in National League of Cities v. Usery* Frank I. Michelmant A share of the blame for what follows belongs to Mr. Justice Brennan, whose twenty years of distinguished labor on behalf of our constitutional system-on behalf, I should say, of the men, women, and children whose rights and concerns that system serves-this journal justly celebrates. It was the Justice who, by his striking and powerful dissent in National League of Cities v. Usery (NLC),1 first made me think there must be even more to that case than meets the eye. His opinion is remarkable for its depth of feeling, its sense of occasion, of foreboding, of fatal and momentous choice. The eloquence is disciplined and surgical-not so sweepingly flamboyant as, say, the impassioned Frank- furter's, 2 but as stirring. The opinion speaks with a controlled intensity that at first seems disconsonant with both the immediate impact of the Court's decision (denial of congressional minimum-wage protection to state and municipal employees) and its broader doctrinal significance (recognition of some state governmental immunity from congressional regulation under the commerce clause). Both developments, to be sure, are important. But it seems unlikely that the immediate impact taken by itself-if, say, it had resulted from a disputable statutory 0 This article has a kinship with Professor Laurence Tribe's article, Tribe, Unraveling National League of Cities: The New Federalism and Affirmative Rights to Essential Government Services, 90 HAV. L. REv. 1065 (1977). Our two efforts are to a considerable extent overlapping in content and perception, yet also marked by significant differences in aim, approach, and argumentation. -
Twenty-Third Day
TWENTY-THIRD DAY MORNING SESSION. defeating or negativing directly or indirectly the regulation of the traffic by a license herein pro TUESDAY, February 20, 1912. vided for. The Convention met pursuant to adjournment, was AGAINST LICENSE. called to order by the president and opened with prayer No license to traffic in intox:icating liquors shall by the Rabbi Joseph S. Kornfield, of Columbus, Ohio. hereafter be granted in this state; but the gener The journal of yesterday was read. al assembly may by law provide against the evils Mr. ANDERSON: I call for the special order to resulting therefrom. day, Proposal No. 151. lVIr. PRESIDENT: The journal has not yet been SECTION 2. At said election, a separate ballot approval. Are there any corrections? If none the shall be in the following form: journal will stand approved as reacl. INTOXICATING LIQUORS. SECOND READING OF PROPOSALS. Mr. KING: I offer an amendment. I For License. The PRESIDENT: The gentleman from lVIahoning [Mr. ANDERSON] calls up the special order Proposal No. ----- 151 and the member from Erie [Mr. KING] offers an I' Against License. amendment which the secretary will read. The secretary read the amendment as follows: Amend Proposal No. 151 by striking out all SECTION 3. Separate ballot boxes shall be pro after the word "Proposal" and inserting the fol vided for the reception of said ballots. lowing: SECTION 4. The voter shall indicate his choice "To submit substitute for schedule, section 18, by placing a cross-mark ,vithin the blank space op of the constitution.-Relatin~to licensing the traf posite the words "For License" if he desires to fic in intoxicating liquors. -
The 2017 ITUC Global Rights Index the WORLD's WORST
THE WORLD'S WORST COUNTRIES FOR WORKERS The 2017 ITUC Global Rights Index | 4 The International Trade Union Confederation (ITUC) is a confederation of national trade union centres, each of which links trade unions of that particular country. It was established on 1 November 2006, bringing together the organisations which were formerly affiliated to the ICFTU and WCL (both now dissolved) as well as a number of national trade union centres which had no international affiliation at the time. The new Confederation has 340 affiliated organisations in 163 countries and territories on all five continents, with a membership of 181 million, 40 per cent of whom are women. It is also a partner in “Global Unions” together with the Trade Union Advisory Committee to the OECD and the Global Union Federations (GUFs) which link together national unions from a particular trade or industry at international level. The ITUC has specialised offices in a number of countries around the world, and has General Consultative Status with the Economic and Social Council of the United Nations. The 2017 ITUC Global Rights Index | 6 Foreword .............................................9 ASIA .................................................. 70 Bangladesh ....................................... 71 Part I ..................................................13 Cambodia .......................................... 71 The 2017 Results ...............................14 China ................................................ 72 The ITUC Global Rights Index ...............19 Fiji