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This book provides a critical introduction to the history and current meaning of the United States' Constitution. It is organised around two themes: Firstly, the US Constitution is old, short, and difficult to amend. These characteristics have made constitutional 'interpretation', especially by the US Supreme Court, the primary mechanism for adapting the Constitution to ever-changing reality. Secondly, the Constitution creates a structure of political opportunities that allows political actors, including political parties, to pursue the preferred policy goals even to the point of altering the very structure of politics. Politics, that is, often gives meaning to the Constitution. Deploying these themes to examine the structure of the national government, federalism, judicial review, and individual rights, the book provides basic information about, and deeper insights into, the way the US constitutional system has developed and what it means today.
The 2000 presidential race resulted in the highest-profile ballot battle in over a century. But it is far from the only American election determined by a handful of votes and marred by claims of fraud. Since the founding of the nation, violence frequently erupted as the votes were being counted, and more than a few elections produced manifestly unfair results. Despite America's claim to be the world's greatest democracy, its adherence to the basic tenets of democratic elections-the ability to count ballots accurately and fairly even when the stakes are high-has always been shaky. A rigged gubernatorial election in New York in 1792 nearly ended in calls for another revolution, and an 1899 gubernatorial race even resulted in an assassination. Though acts of violence have decreased in frequency over the past century, fairness and accuracy in ballot counting nonetheless remains a basic problem in American political life. In Ballot Battles, Edward Foley presents a sweeping history of election controversies in the United States, tracing how their evolution generated legal precedents that ultimately transformed how we determine who wins and who loses. While weaving a narrative spanning over two centuries, Foley repeatedly returns to an originating event: because the Founding Fathers despised parties and never envisioned the emergence of a party system, they wrote a constitution that did not provide clear solutions for high-stakes and highly-contested elections in which two parties could pool resources against one another. Moreover, in the American political system that actually developed, politicians are beholden to the parties which they represent - and elected officials have typically had an outsized say in determining the outcomes of extremely close elections that involve recounts. This underlying structural problem, more than anything else, explains why intense ballot battles that leave one side feeling aggrieved will continue to occur for the foreseeable future. American democracy has improved dramatically over the last two centuries. But the same cannot be said for the ways in which we determine who wins the very close races. From the founding until today, there has been little progress toward fixing the problem. Indeed, supporters of John Jay in 1792 and opponents of Lyndon Johnson in the 1948 Texas Senate race would find it easy to commiserate with Al Gore after the 2000 election. Ballot Battles is not only the first full chronicle of contested elections in the US. It also provides a powerful explanation of why the American election system has been-and remains-so ineffective at deciding the tightest races in a way that all sides will agree is fair.
Scandal and Corruption in Congress guides readers through the history of corruption in Congress, exploring policies outlawing corruption, attempts to hide unethical behaviour, getting caught, the repercussions of getting caught, and how corruption in the U.S. compares to corruption in other nations.
Monitoring American Federalism examines some of the nation's most significant controversies in which state legislatures have attempted to be active partners in the process of constitutional decision-making. Christian G. Fritz looks at interposition, which is the practice of states opposing federal government decisions that were deemed unconstitutional. Interposition became a much-used constitutional tool to monitor the federal government and organize resistance, beginning with the Constitution's ratification and continuing through the present affecting issues including gun control, immigration and health care. Though the use of interposition was largely abandoned because of its association with nullification and the Civil War, recent interest reminds us that the federal government cannot run roughshod over states, and that states lack any legitimate power to nullify federal laws. Insightful and comprehensive, this appraisal of interposition breaks new ground in American political and constitutional history, and can help us preserve our constitutional system and democracy.
Comprised of 200 readable and informative historic vignettes reflecting all areas of Senate activities, from the well known and notorious to the unusual and whimsical. Prepared by Richard A. Baker, the Senates Historian, these brief sketches, each with an accompanying illustration and references for further reading, provide striking insights into the colorful and momentous history of The World's Greatest Deliberative Body. Review from Goodreads: "Jason" rated this book with 3 stars and had this to say "This coffee table book on Senate History comes from none other than the U.S. Senate Historian, Richard Baker. The House of Representatives recently acquired noted historian of the Jacksonian era, Robert Remini as the official House Historian. He recently wrote a pretty impressive tomb on the House of Representatives. The Senate already has a 4 volume history written by US Senator, Robert C. Byrd of West Virginia, so the Senate could not reply in that manner. So, I think the coffee table book was the best that we could muster. I think this is the first time I have actually read a coffee table book from cover to cover. It is a chatty little story book filled with useful cocktail-party-history of the US Senate. That's useful knowledge to me, as I never know what to say at Washington cocktail parties. Perhaps anecdotes about Thomas Hart Benton will help break the ice. The most striking thing to me about the book was the number of attacks on the Capitol. I had heard about all the incidents individually, but it is more jolting to see them sequentially. 3 bombings, 2 gun attacks and then the attempt on September 11th. In a way, its remarkable that the Capitol complex remained so open for so long. Note, I use the past tense here. As any of you who have visited the capitol recently will have noted, it is increasingly difficult to get in. And once the Capitol Visitor Center is completed, I expect it will be very much a controlled experience like the White House. In any case, Baker's prose is breezy and he is dutifully reverent to the institution without missing the absurdities of Senate life. You also get a sense of the breakdown in lawfulness that preceded the Civil War. Its not just the canning of Charles Sumner, its also the Mississippi Senator pulling a gun on Missouri Senator Thomas Hart Benton in the Senate chamber. Then there is the case of California Senator David Broderick (an anti-slavery Democrat) being killed in a duel by the pro-slavery Chief Justice of the California Supreme Court. Apparently, back in those days, California was a lot more like modern Texas. In any case, the slide toward anarchy can definitely be found long before Fort Sumter. Another interesting aside that I really never knew concerns the order of succession. All of us learn in school that it is the President, then the Vice President, then the Speaker of the House and then President Pro Tempore of the Senate. After that, you get the members of the Cabinet, and I was aware that as new departments were created, they have been shuffled up a bit. What I did not know, is that Congress was not always in the order of succession at all. For a long time, it devolved from the President to the VP and then directly to the Secretary of State. Furthermore, when they first inserted Congress, it was the President Pro Tempore of the Senate who was third in line over the Speaker of the House. The structure we all know and love was only finalized in 1947 after some hard thinking in light of FDR's demise and the Constitutional Amendments on succession that followed. Anyway, this is a book for government geeks. If you are one, its a nice read and about as pleasant a way to introduce yourself to Senate history as I have found. If not, there are prettier coffee table books to be had."
A more-timely-than-ever argument that impeachment is an essential American institution from the author of Horsemen of the Trumpocalypse. This surprising and irreverent book by one of America’s leading political reporters makes the case that impeachment is much more than a legal and congressional process—it is an essential instrument of America’s democratic system. Articles of impeachment have been brought sixty-two times in American history. Thomas Jefferson himself forwarded the evidence for impeachment of the first federal official to be removed under the process—John Pickering in 1803. Impeachment is as American as apple pie. The founders designed impeachment as one of the checks against executive power. As John Nichols reveals in this fascinating look at impeachment’s hidden history, impeachment movements—in addition to congressional proceedings themselves—have played an important role in countering an out-of-control executive branch. The threat of impeachment has worked to temper presidential excesses and to reassert democratic values in times of national drift. The Genius of Impeachment makes clear that we sorely need such a movement today, and that both the president and vice president deserve impeachment. In the spirit of maverick congressmember Henry B. González, who introduced articles of impeachment against both George H. W. Bush and Ronald Reagan for making war without a declaration, this book is a fearless call to Americans to hold our leaders accountable to democracy. “Arguing that regular elections are an insufficient democratic guardian against corrupt officeholders . . . this work relies on its power-to-the-people persona for its appeal.” —Booklist
A landmark work of more than one hundred scholars, The Heritage Guide to the Constitution is a unique line-by-line analysis explaining every clause of America's founding charter and its contemporary meaning. In this fully revised second edition, leading scholars in law, history, and public policy offer more than two hundred updated and incisive essays on every clause of the Constitution. From the stirring words of the Preamble to the Twenty-seventh Amendment, you will gain new insights into the ideas that made America, important debates that continue from our Founding, and the Constitution's true meaning for our nation.