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Beyond Confederation scrutinizes the ideological background of the U.S. Constitution, the rigors of its writing and ratification, and the problems it both faced and provoked immediately after ratification. The essays in this collection question muc
The dramatic story of the debate over the ratification of the Constitution, the first new account of this seminal moment in American history in years.
This volume focuses on constitutional ratification, the procedure in which a draft constitution is submitted by its creators to the people or their representatives in an up or down vote determining implementation. Ratification is increasingly common and routinely recommended by experts. Nonetheless, it is neither neutral nor inevitable. Constitutions can be made without it and when it is used it has significant effects. This raises the central question of the book: should ratification be recommended? Put another way: is there a reason for treating the procedure as a default for the constitution-making process? Surprisingly, these questions are rarely asked. The procedure's worth is assumed, not demonstrated, while ratification is generally overlooked in the literature. In fact, this is the first sustained study of ratification. To address these oversights, this book defines ratification and its types, explains the procedure's effects, conceptual origins, and history, and then concentrates on finding reasons for its use. Specifically, it builds up and analyzes the three most likely normative justifications. These urge the implementation of ratification because the procedure: enables the constituent power to make its constitution; fosters representation during constitution-making; or helps create a legitimate constitution. Ultimately, these justifications are found wanting, leading to the conclusion that ratification lacks a convincing, context-independent justification. Thus, until new arguments are developed, experts should not give recommendations for ratification as a matter of course, practitioners should not reach for it uncritically, and-more generally-one should avoid the blanket application of concepts from democratic theory to extraordinary contexts such as constitution-making.
This in-depth text goes beyond the rhetoric of the debate on children’s rights and the Convention on the Rights of the Child, in particular, to provide a detailed examination of the impact that U.S. ratification of the Convention would have on U.S. law. The chapters have been written by leading children’s advocates and scholars with a general audience in mind, as the authors believe that it is important for all Americans to become informed about the Convention and about children’s rights in general. With a greater understanding of the substance of the Convention and children’s rights, readers will be better positioned to determine what the real issues are, what is simply rhetoric without any basis in fact or law, and how they can address the real issues in an effective manner in order to provide a better world for all children.
Black & white print. American Government 3e aligns with the topics and objectives of many government courses. Faculty involved in the project have endeavored to make government workings, issues, debates, and impacts meaningful and memorable to students while maintaining the conceptual coverage and rigor inherent in the subject. With this objective in mind, the content of this textbook has been developed and arranged to provide a logical progression from the fundamental principles of institutional design at the founding, to avenues of political participation, to thorough coverage of the political structures that constitute American government. The book builds upon what students have already learned and emphasizes connections between topics as well as between theory and applications. The goal of each section is to enable students not just to recognize concepts, but to work with them in ways that will be useful in later courses, future careers, and as engaged citizens. In order to help students understand the ways that government, society, and individuals interconnect, the revision includes more examples and details regarding the lived experiences of diverse groups and communities within the United States. The authors and reviewers sought to strike a balance between confronting the negative and harmful elements of American government, history, and current events, while demonstrating progress in overcoming them. In doing so, the approach seeks to provide instructors with ample opportunities to open discussions, extend and update concepts, and drive deeper engagement.
The 'Occupy Movement' took many people by surprise with both its scope, as well as with the manner in which it resonated with the deep sense of discontentment that appears to be felt by many people in the United States concerning the economic. legal and political character of American life. This book is intended to help bring a sharper focus to the concerns that are inherent in the dissatisfaction people feel concerning the idea of 'politics as usual' by offering a clear differentiation between the way of power (i.e., politics as usual) and the way of inalienable sovereignty that gives expression to a very different notion of democracy ... one that is constructive, not destructive.
We think we know the story of women's suffrage in the United States: women met at Seneca Falls, marched in Washington, D.C., and demanded the vote until they won it with the ratification of the Nineteenth Amendment. But the fight for women's voting rights extended far beyond these familiar scenes. From social clubs in New York's Chinatown to conferences for Native American rights, and in African American newspapers and pamphlets demanding equality for Spanish-speaking New Mexicans, a diverse cadre of extraordinary women struggled to build a movement that would truly include all women, regardless of race or national origin. In Recasting the Vote, Cathleen D. Cahill tells the powerful stories of a multiracial group of activists who propelled the national suffrage movement toward a more inclusive vision of equal rights. Cahill reveals a new cast of heroines largely ignored in earlier suffrage histories: Marie Louise Bottineau Baldwin, Gertrude Simmons Bonnin (Zitkala-Ša), Laura Cornelius Kellogg, Carrie Williams Clifford, Mabel Ping-Hua Lee, and Adelina "Nina" Luna Otero-Warren. With these feminists of color in the foreground, Cahill recasts the suffrage movement as an unfinished struggle that extended beyond the ratification of the Nineteenth Amendment. As we celebrate the centennial of a great triumph for the women's movement, Cahill's powerful history reminds us of the work that remains.
'I can enthusiastically recommend and endorse this book. It serves the very important purpose of collecting key documents together in an elegant and accessible text. There currently exists a huge proliferation of material on the EU Constitution this volume makes a very wise selection of this profusion, compiling it into a manageable and informative whole. Nine chapters deal with the most significant matters concerning the Constitution. A short but well written introduction at the start of each chapter precedes following extracts. Part of the value of this book lies in the fact that it includes translations of some important documents which are difficult, or impossible, to access in English for example, recent decisions of national courts concerning the European Arrest Warrant. All in all, this work is a comprehensive, but not overwhelmingly large, collection of materials on the EU Constitution, and it will prove extremely valuable to all those working within this area of law. By presenting the Constitution, the background to the Constitution, and the issues it deals with, in this clear and informative way, it will shed new light upon, and help all of us to form our own judgements on, the EU Constitution, and its importance to our lives.' Sionaidh Douglas-Scott, King's College London, UK 'Whatever the ultimate fate of the EU's Constitutional Treaty, both the events which led to its conclusion and those which occurred afterwards during its ill-fated ratification process have profoundly shaped the future of the European Union as a constitutional project. This collection of materials offers an invaluable set of resources for understanding these events, in their widest legal and political context. The text will be useful to all those who seek to understand both why the EU has reached such a turning point, and where it might go in the future.' Jo Shaw, Edinburgh Law School, UK This book offers a selection of materials that enable a better understanding of some of the most important changes that would be introduced by the Treaty establishing a Constitution for Europe in the EU legal and political system. It also helps to assess the need for the reforms embedded in the Constitutional Treaty as well as the quality of the formulations agreed upon by the signatory Member States. The book includes excerpts of the European Convention's work, selected statutory and constitutional provisions of the Member States, and also related passages from pertinent court decisions from both European courts as well as Member States' constitutional courts. Institutional and doctrinal analyses and relevant excerpts from the Constitutional Treaty itself are also included. Many of these documents directly relate to the provisions of the Constitutional Treaty, while the others, although not directly related, are nevertheless relevant to the debate surrounding it. The European Constitution, by two of the best experts on the Constitution for Europe, will be of great interest to researchers and teachers in the fields of European Law and European politics, and also to policy makers in European affairs.
Of all of the books produced by Ernst B. Haas during his career, Beyond the Nation-State contains the most complete and definitive statement of 'neofunctionalism': the theory of transnational integration for which he is best known. Focusing on the International Labor Organization (ILO), Beyond the Nation-State was one of the first efforts to analyse systematically the dynamics and effects of a global international institution. Regarded as a classic in comparative politics and international relations, and among students of European integration, this book enjoyed a renaissance with the end of the cold war, reinvigorated European integration, and resumed interest in communitarian theorising about forms of global governance, which relied on a heightened role for international institutions and their associated policy communities. First published in 1964, Beyond the Nation-State was part of larger project described by others as neofunctionalism, regional integration, and soft constructivism, which animated Haas throughout his career. Beyond the Nation-State continues to provide valuable guidelines for describing and understanding contemporary IR, and is reissued with a new introduction by Peter M. Haas, John G. Ruggie, Philippe Schmitter and Antje Wiener, placing this important work in a current context.