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Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.
In 1791, The First Bank of the United States was a financial innovation proposed and supported by Alexander Hamilton, the first Secretary of the Treasury. Establishment of the bank was part of a three-part expansion of federal fiscal and monetary power, along with a federal mint and excise taxes. Hamilton believed that a national bank was necessary to stabilize and improve the nation's credit, and to improve financial order, clarity, and precedence of the United States government under the newly enacted Constitution. Alexander Hamilton (1755-1804) was a founding father of the United States, one of the most influential interpreters and promoters of the Constitution, the founder of the American financial system, and the founder of the Federalist Party. As the first Secretary of the Treasury, Hamilton was the primary author of the economic policies for George Washington’s administration. Hamilton took the lead in the funding of the states’ debts by the federal government, the establishment of a national bank, and forming friendly trade relations with Britain. He led the Federalist Party, created largely in support of his views; he was opposed by the Democratic Republican Party, led by Thomas Jefferson and James Madison, which despised Britain and feared that Hamilton’s policies of a strong central government would weaken the American commitment to Republicanism.
The power of national and transnational constitutional courts to issue binding rulings in interpreting the constitution or an international treaty has been endlessly discussed. What does it mean for democratic governance that non-elected judges influence politics and policies? The authors of Judicial Power - legal scholars, political scientists, and judges - take a fresh look at this problem. To date, research has concentrated on the legitimacy, or the effectiveness, or specific decision-making methods of constitutional courts. By contrast, the authors here explore the relationship among these three factors. This book presents the hypothesis that judicial review allows for a method of reflecting on social integration that differs from political methods, and, precisely because of the difference between judicial and political decision-making, strengthens democratic governance. This hypothesis is tested in case studies on the role of constitutional courts in political transformations, on the methods of these courts, and on transnational judicial interactions.
"The Nation has lost sight of its public health goals and has allowed the system of public health to fall into 'disarray'," from The Future of Public Health. This startling book contains proposals for ensuring that public health service programs are efficient and effective enough to deal not only with the topics of today, but also with those of tomorrow. In addition, the authors make recommendations for core functions in public health assessment, policy development, and service assurances, and identify the level of government--federal, state, and local--at which these functions would best be handled.
The way that Americans understand their Constitution and wider legal tradition has been dominated in recent decades by two exhausted approaches: the originalism of conservatives and the “living constitutionalism” of progressives. Is it time to look for an alternative? Adrian Vermeule argues that the alternative has been there, buried in the American legal tradition, all along. He shows that US law was, from the founding, subsumed within the broad framework of the classical legal tradition, which conceives law as “a reasoned ordering to the common good.” In this view, law’s purpose is to promote the goods a flourishing political community requires: justice, peace, prosperity, and morality. He shows how this legacy has been lost, despite still being implicit within American public law, and convincingly argues for its recovery in the form of “common good constitutionalism.” This erudite and brilliantly original book is a vital intervention in America’s most significant contemporary legal debate while also being an enduring account of the true nature of law that will resonate for decades with scholars and students.
Nations around the world are facing various crises of ineffective government. Basic governmental functions—protecting rights, preventing violence, and promoting material well-being—are compromised, leading to declines in general welfare, in the enjoyment of rights, and even in democracy itself. This innovative collection, featuring analyses by leaders in the fields of constitutional law and politics, highlights the essential role of effective government in sustaining democratic constitutionalism. The book explores “effective government” as a right, principle, duty, and interest, situating questions of governance in debates about negative and positive constitutionalism. In addition to providing new conceptual approaches to the connections between rights and governance, the volume also provides novel insights into government institutions, including courts, legislatures, executives, and administrative bodies, as well as the media and political parties. This is an essential volume for anyone interested in constitutionalism, comparative law, governance, democracy, the rule of law, and rights.
The anthrax incidents following the 9/11 terrorist attacks put the spotlight on the nation's public health agencies, placing it under an unprecedented scrutiny that added new dimensions to the complex issues considered in this report. The Future of the Public's Health in the 21st Century reaffirms the vision of Healthy People 2010, and outlines a systems approach to assuring the nation's health in practice, research, and policy. This approach focuses on joining the unique resources and perspectives of diverse sectors and entities and challenges these groups to work in a concerted, strategic way to promote and protect the public's health. Focusing on diverse partnerships as the framework for public health, the book discusses: The need for a shift from an individual to a population-based approach in practice, research, policy, and community engagement. The status of the governmental public health infrastructure and what needs to be improved, including its interface with the health care delivery system. The roles nongovernment actors, such as academia, business, local communities and the media can play in creating a healthy nation. Providing an accessible analysis, this book will be important to public health policy-makers and practitioners, business and community leaders, health advocates, educators and journalists.
In an era of promises to create smaller, more limited government, Americans often forget that the federal government has amassed an extraordinary record of successes over the past half century. Despite seemingly insurmountable odds, it helped rebuild Europe after World War II, conquered polio and other life-threatening diseases, faced down communism, attacked racial discrimination, reduced poverty among the elderly, and put men on the moon. In Government's Greatest Achievements, Paul C. Light explores the federal government's most successful accomplishments over the previous five decades and anticipates the most significant challenges of the next half century. While some successes have come through major legislation such as the 1965 Medicare Act, or large-scale efforts like the Apollo space program, most have been achieved through collections of smaller, often unheralded statutes. Drawing on survey responses from 230 historians and 220 political scientists at colleges and universities nationwide, Light ranks and summarizes the fifty greatest government achievements from 1944 to 1999. The achievements were ranked based on difficulty, importance, and degree of success. Through a series of twenty vignettes, he paints a vivid picture of the most intense government efforts to improve the quality of life both at home and abroad—from enhancing health care and workplace safety, to expanding home ownership, to improving education, to protecting endangered species, to strengthening the national defense. The book also examines how Americans perceive government's greatest achievements, and reveals what they consider to be its most significant failures. America is now calling on the government to resolve another complex, difficult problem: the defeat of terrorism. Light concludes by discussing this enormous task, as well as government's other greatest priorities for the next fifty years.
Why a book defending government? Because for decades, right-wing forces in this country have engaged in a relentless and irresponsible campaign of vicious government bashing. Conservatives and libertarians have demonized government, attacked basic safety net programs like Medicare, and undermined vital regulations that protect consumers, investors, workers, and the environment. This book takes on this anti-government movement and shows that most of its criticisms of this institution are highly exaggerated, misleading, or just plain wrong. In reality, American government - despite its flaws - plays a valuable and indispensable role in promoting the public good. Most government programs are working well and are actually improving the lives of Americans in innumerable ways. Democratic government is a vital tool for making our world a better place; and if we want an America that is prosperous, healthy, secure, well-educated, just, compassionate, and unpolluted, we need a strong, active, and well-funded public sector. Part I: Why Government is Good. The section of the book describes how government acts as a force for good in society. One chapter chronicles a day in the life of an average middle-class American and identifies the myriad ways that government programs improve our lives. Other chapters describe the forgotten achievements of government; how government is the only way to effectively promote public values like justice and equality; and how a free market economy would be impossible without the elaborate legal and regulatory infrastructure provided by government. Part II: The War on Government. This section of the book chronicles the unrelenting assault on government being waged by conservative forces in this country. Chapters describe how cuts in social programs and rollbacks of regulations have harmed the health, safety, and welfare of millions of Americans and how these assaults have taken place on many fronts - in Congress, the administrative branch, and the federal courts, as well as on the state and local level. Also addressed: how the right's radical anti-government agenda is out of touch with the views and priorities of most Americans, and what the real truth is about government deficits. Part III: How to Revitalize Democracy and Government. There are, in fact, some problems with American government, and we need to address these if we are to restore Americans' faith in this institution. One of the main problems with our government is that it is not accountable and responsive enough to the public. Moneyed special interests too often win out over the public interest. Chapters in this section describe this problem and how we can fix it. There are several reforms - including public financing of elections - that could help our government live up to its democratic ideals. The final chapter discusses strategies for building a pro-government coalition in this country.