“The Verdict of History”: Defining and Defending James Buchanan
... verdicts.9 However, when Harper’s Weekly declared that “the verdict of history” would recognize the great inferiority of the Pierce administration, one must question what considerations merited such a verdict and whether the presidents or their descendants themselves had any power to control the rul ...
... verdicts.9 However, when Harper’s Weekly declared that “the verdict of history” would recognize the great inferiority of the Pierce administration, one must question what considerations merited such a verdict and whether the presidents or their descendants themselves had any power to control the rul ...
- Enlighten: Theses
... In other words, the hierarchy that structures the relationship between parents and children, male and the female, and the ruler and the ruled are the conditions of conventional morality in Confucian tradition. The hierarchical foundation of the family and society, expressed in terms of three bonds ( ...
... In other words, the hierarchy that structures the relationship between parents and children, male and the female, and the ruler and the ruled are the conditions of conventional morality in Confucian tradition. The hierarchical foundation of the family and society, expressed in terms of three bonds ( ...
Semantic Originalism, Draft 56
... ratification.6 Why is this the case? After all, the meanings of words and phrases change over time. Why is constitutional meaning fixed at the time of origination? One common answer to this question focuses on the fact that the constitution is written and the notion that the function of a writing is ...
... ratification.6 Why is this the case? After all, the meanings of words and phrases change over time. Why is constitutional meaning fixed at the time of origination? One common answer to this question focuses on the fact that the constitution is written and the notion that the function of a writing is ...
Unconstitutional Constitutional Amendments
... Constitutionalism is nowadays commonly identified by certain conditions, such as: the recognition of the people as the source of all governmental authority; the constitution is supreme law (in the sense that it carries the highest normative status within the legal hierarchy); the constitution regula ...
... Constitutionalism is nowadays commonly identified by certain conditions, such as: the recognition of the people as the source of all governmental authority; the constitution is supreme law (in the sense that it carries the highest normative status within the legal hierarchy); the constitution regula ...
Text - Natalie Koch
... expanding “brain circulation” between states that partly challenges the “methodological nationalism” implied by the WoS data: scholars increasingly change not only universities but also the states were they work and publish their work (cf. Paasi, 2015). Recognizing these limits, the WoS data nonethe ...
... expanding “brain circulation” between states that partly challenges the “methodological nationalism” implied by the WoS data: scholars increasingly change not only universities but also the states were they work and publish their work (cf. Paasi, 2015). Recognizing these limits, the WoS data nonethe ...
Settled Versus Right: Constitutional Method and the Path of Precedent
... 19. See District of Columbia v. Heller, 554 U.S. 570, 625 (2008) (adopting an interpretation based on “the original understanding of the Second Amendment”). 20. See STRAUSS, supra note 1, at 33 (arguing that “original understandings play a role only occasionally [in Supreme Court cases], and usually ...
... 19. See District of Columbia v. Heller, 554 U.S. 570, 625 (2008) (adopting an interpretation based on “the original understanding of the Second Amendment”). 20. See STRAUSS, supra note 1, at 33 (arguing that “original understandings play a role only occasionally [in Supreme Court cases], and usually ...
Gillian E. Metzger Much has changed in constitutional law since
... “arbitrary and capricious” and whether it is unconstitutional are “separate question[s].”20 Arguing that the canon of constitutional avoidance applied only to judicial review of statutory language, Justice Scalia stated that “the only context in which constitutionality bears upon judicial review of ...
... “arbitrary and capricious” and whether it is unconstitutional are “separate question[s].”20 Arguing that the canon of constitutional avoidance applied only to judicial review of statutory language, Justice Scalia stated that “the only context in which constitutionality bears upon judicial review of ...
Constitutional Culture, Social Movement Conflict and the
... place always through an essentially cultural medium. Although the state is not necessarily the creator of legal meaning, the creative process is collective or social.") (footnote omitted). As Martha Minow describes Cover's vision: Cover placed at the center of law the communal groups that would seem ...
... place always through an essentially cultural medium. Although the state is not necessarily the creator of legal meaning, the creative process is collective or social.") (footnote omitted). As Martha Minow describes Cover's vision: Cover placed at the center of law the communal groups that would seem ...
Conservative Declarationism and Constitutional Redemption
... came to the question from a very different place. Crucial to Lincoln’s position was his grounding in the Declaration. 13 In Lincoln’s view, “the universal moral principles” referenced in the Declaration’s famous opening lines served as no less than the foundation of the American Union. 14 “I have ne ...
... came to the question from a very different place. Crucial to Lincoln’s position was his grounding in the Declaration. 13 In Lincoln’s view, “the universal moral principles” referenced in the Declaration’s famous opening lines served as no less than the foundation of the American Union. 14 “I have ne ...
Chapter 6: International Constitutional Courts
... Chapter 1 articulated a different liberal view associated with John Locke, where judicial checks were considered a key part of ensuring limited and legitimate government. Locke argued that people are poor judges of themselves and their friends, which is why it is better to let disinterested judges a ...
... Chapter 1 articulated a different liberal view associated with John Locke, where judicial checks were considered a key part of ensuring limited and legitimate government. Locke argued that people are poor judges of themselves and their friends, which is why it is better to let disinterested judges a ...
Presidential Popular Constitutionalism
... systems, was preeminent between the presidencies of Woodrow Wilson and Richard Nixon. This version was not homogenous, but included a variety of distinct ways of accounting for civic dignity in an activist state. In part because of the failure of these efforts, a libertarian version, with a much mor ...
... systems, was preeminent between the presidencies of Woodrow Wilson and Richard Nixon. This version was not homogenous, but included a variety of distinct ways of accounting for civic dignity in an activist state. In part because of the failure of these efforts, a libertarian version, with a much mor ...
Presidential Popular Constitutionalism
... systems, was preeminent between the presidencies of Woodrow Wilson and Richard Nixon. This version was not homogenous, but included a variety of distinct ways of accounting for civic dignity in an activist state. In part because of the failure of these efforts, a libertarian version, with a much mor ...
... systems, was preeminent between the presidencies of Woodrow Wilson and Richard Nixon. This version was not homogenous, but included a variety of distinct ways of accounting for civic dignity in an activist state. In part because of the failure of these efforts, a libertarian version, with a much mor ...
Presidential Popular Constitutionalism
... systems, was preeminent between the presidencies of Woodrow Wilson and Richard Nixon. This version was not homogenous, but included a variety of distinct ways of accounting for civic dignity in an activist state. In part because of the failure of these efforts, a libertarian version, with a much mor ...
... systems, was preeminent between the presidencies of Woodrow Wilson and Richard Nixon. This version was not homogenous, but included a variety of distinct ways of accounting for civic dignity in an activist state. In part because of the failure of these efforts, a libertarian version, with a much mor ...
The American Ideal of Representative Democracy
... it would make sense for individuals who strongly identify with a country where representative democracy is the “prescribed group norm” to value this ideal to a greater extent than individuals who only weakly identify with that country. This is precisely what I expect to find in the United States. Na ...
... it would make sense for individuals who strongly identify with a country where representative democracy is the “prescribed group norm” to value this ideal to a greater extent than individuals who only weakly identify with that country. This is precisely what I expect to find in the United States. Na ...
Rawls in Germany - Princeton University
... other, in the wake of 1968 neo-Marxism rapidly gained ground among students and faculty, while empirical and behaviourist work continued to dominate the field of political science as a whole. Even at this point, however, German political philosophers did not announce the death of their discipline (n ...
... other, in the wake of 1968 neo-Marxism rapidly gained ground among students and faculty, while empirical and behaviourist work continued to dominate the field of political science as a whole. Even at this point, however, German political philosophers did not announce the death of their discipline (n ...
What`s So Post about the Post-Secular?
... Habermas finds Schmitt mistaken in attributing the breakdown of the amalgamation of religion and the political to the rise of secularist modern states like the USA and France. Habermas further adds: As to secularization, it is not only the challenge of the confessional split and the fact of plurali ...
... Habermas finds Schmitt mistaken in attributing the breakdown of the amalgamation of religion and the political to the rise of secularist modern states like the USA and France. Habermas further adds: As to secularization, it is not only the challenge of the confessional split and the fact of plurali ...
View Full Article - University of Pennsylvania Law Review
... nonpolitical lives, sometimes combined with sustained political activity spread over a generation or more.”). 7 See ESKRIDGE & FEREJOHN, supra note 1, at 12-13 (“America enjoys a constitution of statutes supplementing and often supplanting its written Constitution as to the most fundamental features ...
... nonpolitical lives, sometimes combined with sustained political activity spread over a generation or more.”). 7 See ESKRIDGE & FEREJOHN, supra note 1, at 12-13 (“America enjoys a constitution of statutes supplementing and often supplanting its written Constitution as to the most fundamental features ...
Carl Schmitt and the Problem of Constitutional Guardianship
... state. Constitutional laws take their legitimacy from the decision of the constituent power on the form of social and political ordering that they serve to implement (Schmitt 2008a: 78). Schmitt emphatically insists that a people, in exercising its constituent power, does not alienate its constituti ...
... state. Constitutional laws take their legitimacy from the decision of the constituent power on the form of social and political ordering that they serve to implement (Schmitt 2008a: 78). Schmitt emphatically insists that a people, in exercising its constituent power, does not alienate its constituti ...
Constitutional Choice and the Supreme Court as
... Constitutional Choice and the Supreme Court as the Fountain of Public Reason ...
... Constitutional Choice and the Supreme Court as the Fountain of Public Reason ...
How to Choose a Constitutional Theory
... A clear example is originalism, which calls for the Constitution to be interpreted in accordance with the "original understanding" of those who wrote and ratified relevant language and the generation to which the Constitution 7 Prominent originalists maintain that we can inwas originally addressed. ...
... A clear example is originalism, which calls for the Constitution to be interpreted in accordance with the "original understanding" of those who wrote and ratified relevant language and the generation to which the Constitution 7 Prominent originalists maintain that we can inwas originally addressed. ...
Participation and support for the constitution in Uganda
... was judged democratic according to the nature of its provisions, not by how it was created (Hart 2003). This traditional model of constitution-making was called into question when liberal democratic constitutions adopted during the second wave of democratisation failed to engender liberal democratic ...
... was judged democratic according to the nature of its provisions, not by how it was created (Hart 2003). This traditional model of constitution-making was called into question when liberal democratic constitutions adopted during the second wave of democratisation failed to engender liberal democratic ...
Legality, Legitimacy and Constitutional Amendment in Canada
... … Notwithstanding- The Making of the Constitution 1976-1982 (Canada: Carswell/Methuen, 1982) [Notwithstanding]; Robert Sheppard and Michael Valpy, The National Deal: The Fight for a Canadian Constitution (Toronto: Books, 1982) [The National Deal]; Edward McWhinney, Canada and the Constitution, 1979- ...
... … Notwithstanding- The Making of the Constitution 1976-1982 (Canada: Carswell/Methuen, 1982) [Notwithstanding]; Robert Sheppard and Michael Valpy, The National Deal: The Fight for a Canadian Constitution (Toronto: Books, 1982) [The National Deal]; Edward McWhinney, Canada and the Constitution, 1979- ...
The Self-Stabilizing Constitution: The Role of the Takings Clause
... The U.S. Constitution has survived for over two centuries, despite a Civil War and numerous other crises. In contrast, most national constitutions last less than two decades. Why has the U.S. Constitution sustained a largely stable democratic system while so many others have failed? A self-stabilizi ...
... The U.S. Constitution has survived for over two centuries, despite a Civil War and numerous other crises. In contrast, most national constitutions last less than two decades. Why has the U.S. Constitution sustained a largely stable democratic system while so many others have failed? A self-stabilizi ...
Lecture Notes on Power Point
... express their wishes on how these interests should best be promoted Derived from the ancient Greek idea of the polis (=political community) Most influentially expressed by Jean Jacque Rousseau and laid the basis for a modern idea of democracy and the legitimacy of majority rule ...
... express their wishes on how these interests should best be promoted Derived from the ancient Greek idea of the polis (=political community) Most influentially expressed by Jean Jacque Rousseau and laid the basis for a modern idea of democracy and the legitimacy of majority rule ...
Constitutional patriotism
Constitutional patriotism (Verfassungspatriotismus) is the idea that people should form a political attachment to the norms and values of a pluralistic liberal democratic constitution rather than a national culture or cosmopolitan society. It is associated with post-nationalist identity, because it is seen as a similar concept to nationalism, but as an attachment based on values of the constitution rather than a national culture. In essence, it is an attempt to re-conceptualise group identity with a focus on the interpretation of citizenship as a loyalty that goes beyond individuals' ethnocultural identification. Theorists believe this to be more defensible than other forms of shared commitment in a diverse modern state with multiple languages and group identities. It is particularly relevant in post-national democratic states in which multiple cultural and ethnic groups coexist. It was influential in the development of the European Union and a key to Europeanism as a basis for multiple countries belonging to a supranational union.