the madisonian constitution the johns hopkins series in constitutional thought

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The Madisonian Constitution

Author : George Thomas
ISBN : 1421403269
Genre : Political Science
File Size : 74. 11 MB
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Engagingly written and soundly argued, this study clarifies and highlights the political origins of the nation's foundational document and argues that American constitutionalism is primarily about countervailing power not legal limits enforced by courts.

James Madison And Constitutional Imperfection

Author : Jeremy D. Bailey
ISBN : 9781316404799
Genre : Political Science
File Size : 22. 4 MB
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This book presents a provocative account of James Madison's political thought by focusing on Madison's lifelong encounter with the enduring problem of constitutional imperfection. In particular, it emphasizes Madison's alliance with Thomas Jefferson, liberating it from those long-standing accounts of Madisonian constitutionalism that emphasize deliberation by elites and constitutional veneration. Contrary to much of the scholarship, this book shows that Madison was aware of the limits of the inventions of political science and held a far more subtle understanding of the possibility of constitutional government than has been recognized. By repositioning Madison as closer to Jefferson and the Revolution of 1800, this book offers a reinterpretation of one of the central figures of the early republic.

The Second Creation

Author : Jonathan Gienapp
ISBN : 9780674185043
Genre : History
File Size : 77. 58 MB
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Americans widely believe that the U.S. Constitution was almost wholly created when it was drafted in 1787 and ratified in 1788. Jonathan Gienapp recovers the unknown story of the Constitution’s second creation in the decade after its adoption—a story with explosive implications for current debates over constitutional originalism and interpretation.

Constitutions And The Classics

Author : Denis Galligan
ISBN : 9780191025495
Genre : Law
File Size : 48. 34 MB
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The period from the fifteenth century to the late eighteenth century was one of critical importance to British constitutionalism. Although the seeds were sown in earlier eras, it was at this point that the constitution was transformed to a system of representative parliamentary government. Changes at the practical level of the constitution were accompanied by a wealth of ideas on constitutions written from different - and often competing - perspectives. Hobbes and Locke, Harrington, Hume, and Bentham, Coke, the Levellers, and Blackstone were all engaged in the constitutional affairs of the day, and their writings influenced the direction and outcome of constitutional thought and development. They treated themes of a universal and timeless character and as such have established themselves of lasting interest and importance in the history of constitutional thought. Examining their works we can follow the shaping of contemporary ideas of constitutions, and the design of constitutional texts. At the same time major constitutional change and upheaval were taking place in America and France. This was an era of intense discussion, examination, and constitution-making. The new nation of the United States looked to authors such as Locke, Hume, Harrington, and Sydney for guidance in their search for a new republicanism, adding to the development of constitutional thought and practice. This collection includes chapters examining the influences of Madison, Hamilton, Jefferson, and Adams. In France the influence of Rousseau was apparent in the revolutionary constitution, and Sieyes was an active participant in its discussion and design. Montesquieu and de Maistre reflected on the nature of constitutions and constitutional government, and these French writers drew on, engaged with, and challenged the British and American writers. The essays in this volume reveal a previously unexplored dynamic relationship between the authors of the three nations, explaining the intimate connection between ruler and ruled.

The Cosmopolitan Constitution

Author : Alexander Somek
ISBN : 9780191030925
Genre : Law
File Size : 25. 97 MB
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Originally the constitution was expected to express and channel popular sovereignty. It was the work of freedom, springing from and facilitating collective self-determination. After the Second World War this perspective changed: the modern constitution owes its authority not only to collective authorship, it also must commit itself credibly to human rights. Thus people recede into the background, and the national constitution becomes embedded into one or other system of 'peer review' among nations. This is what Alexander Somek argues is the creation of the cosmopolitan constitution. Reconstructing what he considers to be the three stages in the development of constitutionalism, he argues that the cosmopolitan constitution is not a blueprint for the constitution beyond the nation state, let alone a constitution of the international community; rather, it stands for constitutional law reaching out beyond its national bounds. This cosmopolitan constitution has two faces: the first, political, face reflects the changed circumstances of constitutional authority. It conceives itself as constrained by international human rights protection, firmly committed to combating discrimination on the grounds of nationality, and to embracing strategies for managing its interaction with other sites of authority, such as the United Nations. The second, administrative, face of the cosmopolitan constitution reveals the demise of political authority, which has been traditionally vested in representative bodies. Political processes yield to various, and often informal, strategies of policy co-ordination so long as there are no reasons to fear that the elementary civil rights might be severely interfered with. It represents constitutional authority for an administered world.

Madison S Managers

Author : Anthony M. Bertelli
ISBN : 0801883199
Genre : Political Science
File Size : 36. 51 MB
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Combining insights from traditional thought and practice and from contemporary political analysis, Madison's Managers presents a constitutional theory of public administration in the United States. Anthony Michael Bertelli and Laurence E. Lynn Jr. contend that managerial responsibility in American government depends on official respect for the separation of powers and a commitment to judgment, balance, rationality, and accountability in managerial practice. The authors argue that public management—administration by unelected officials of public agencies and activities based on authority delegated to them by policymakers—derives from the principles of American constitutionalism, articulated most clearly by James Madison. Public management is, they argue, a constitutional institution necessary to successful governance under the separation of powers. To support their argument, Bertelli and Lynn combine two intellectual traditions often regarded as antagonistic: modern political economy, which regards public administration as controlled through bargaining among the separate powers and organized interests, and traditional public administration, which emphasizes the responsible implementation of policies established by legislatures and elected executives while respecting the procedural and substantive rights enforced by the courts. These literatures are mutually reinforcing, the authors argue, because both feature the role of constitutional principles in public management. Madison's Managers challenges public management scholars and professionals to recognize that the legitimacy and future of public administration depend on its constitutional foundations and their specific implications for managerial practice.

The Transformation Of Aristotelian Political Epistemology In Eighteenth Century American Constitutional Discourse

Author : Tomislav Han
ISBN : 0773467718
Genre : Philosophy
File Size : 53. 37 MB
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What is the pursuit of happiness? This is one of the central questions addressed in this work. It examines the extensive ideological genealogy of the concept, whose roots are firmly grounded in Aristotelian political science.

The Constitutional Convention Of 1787

Author : John R. Vile
ISBN : 1851096698
Genre : Law
File Size : 63. 75 MB
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The Invention Of Party Politics

Author : Gerald Leonard
ISBN : 9780807861318
Genre : Political Science
File Size : 55. 4 MB
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This ambitious work uncovers the constitutional foundations of that most essential institution of modern democracy, the political party. Taking on Richard Hofstadter's classic The Idea of a Party System, it rejects the standard view that Martin Van Buren and other Jacksonian politicians had the idea of a modern party system in mind when they built the original Democratic party. Grounded in an original retelling of Illinois politics of the 1820s and 1830s, the book also includes chapters that connect the state-level narrative to national history, from the birth of the Constitution to the Dred Scott case. In this reinterpretation, Jacksonian party-builders no longer anticipate twentieth-century political assumptions but draw on eighteenth-century constitutional theory to justify a party division between "the democracy" and "the aristocracy." Illinois is no longer a frontier latecomer to democratic party organization but a laboratory in which politicians use Van Buren's version of the Constitution, states' rights, and popular sovereignty to reeducate a people who had traditionally opposed party organization. The modern two-party system is no longer firmly in place by 1840. Instead, the system remains captive to the constitutional commitments on which the Democrats and Whigs founded themselves, even as the specter of sectional crisis haunts the parties' constitutional visions.

Religious Liberty In Western Thought

Author : Noel B. Reynolds
ISBN : UOM:39015046496900
Genre : Political Science
File Size : 51. 10 MB
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