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Constitutionalism and democracy have been interpreted as both intimately related and intrinsically opposed. On the one hand constitutions are said to set out the rules of the democratic game, on the other as constraining the power of the demos and their representatives to rule themselves - including by reforming the very processes of democracy itself. Meanwhile, constitutionalists themselves differ on how far any constitution derives its authority from, and should itself be subject to democratic endorsement and interpretation. They also dispute whether constitutions should refer solely to democratic processes, or also define and limit democratic goals. Each of these positions produces a different view of judicial review, the content and advisability of a Bill of Rights and the nature of constitutional politics. These differences are not simply academic positions, but are reflected in the different types of constitutional democracy found in the United States, continental Europe, Britain and many commonwealth countries. The selected essays explore these issues from the perspectives of law, philosophy and political science. A detailed and informative introduction sets them in the context of contemporary debates about constitutionalism.
Virginia in the Vanguard continues the story begun in The Dynamic Dominion, detailing the resurgence of Virginia's Democratic Party in the 1980s and the Republicans' efforts to turn back the gains made by Chuck Robb and Douglas Wilder. It closes with Democrat Tim Kaine taking the governor's seat and former Republican and Democratic governors George Allen and Mark Warner poised to enter the 2008 presidential primaries.
In Practicing Democracy, eleven historians challenge conventional narratives of democratization in the early United States, offering new perspectives on the period between the ratification of the Constitution and the outbreak of the Civil War. The essays in this collection address critical themes such as the origins, evolution, and disintegration of party competition, the relationship between political parties and popular participation, and the place that parties occupied within the wider world of United States politics. In recent years, historians of the early republic have demolished old assumptions about low rates of political participation and shallow popular partisanship in the age of Jefferson--raising the question of how, if at all, Jacksonian politics departed from earlier norms. This book reaffirms the significance of a transition in political practices during the 1820s and 1830s but casts the transformation in a new light. Whereas the traditional narrative is one of a party-driven democratic awakening, the contributors to this volume challenge the correlation of party with democracy. They both critique constricting definitions of legitimate democratic practices in the decades following the ratification of the Constitution and emphasize the proliferation of competing public voices in the buildup to the Civil War. Taken together, these essays offer a new way of thinking about American politics across the traditional dividing line of 1828 and suggest a novel approach to the long-standing question of what it meant to be part of "We the People." Contributors: Tyler Anbinder, George Washington University - Douglas Bradburn, Fred W. Smith National Library for the Study of George Washington at Mount Vernon - John L. Brooke, The Ohio State University - Andrew Heath, University of Sheffield - Reeve Huston, Duke University - Johann N. Neem, Western Washington University - Kenneth Owen, University of Illinois, Springfield - Graham A. Peck, Saint Xavier University - Andrew W. Robertson, Graduate Center of the City University of New York and Lehman College, CUNY
Winner of the Lillian Smith Book Award Winner of the Los Angeles Times Book Prize Finalist for the National Book Award The Nation's "Most Valuable Book" “[A] vibrant intellectual history of the radical right.”—The Atlantic “This sixty-year campaign to make libertarianism mainstream and eventually take the government itself is at the heart of Democracy in Chains. . . . If you're worried about what all this means for America's future, you should be.”—NPR An explosive exposé of the right’s relentless campaign to eliminate unions, suppress voting, privatize public education, stop action on climate change, and alter the Constitution. Behind today’s headlines of billionaires taking over our government is a secretive political establishment with long, deep, and troubling roots. The capitalist radical right has been working not simply to change who rules, but to fundamentally alter the rules of democratic governance. But billionaires did not launch this movement; a white intellectual in the embattled Jim Crow South did. Democracy in Chains names its true architect—the Nobel Prize-winning political economist James McGill Buchanan—and dissects the operation he and his colleagues designed over six decades to alter every branch of government to disempower the majority. In a brilliant and engrossing narrative, Nancy MacLean shows how Buchanan forged his ideas about government in a last gasp attempt to preserve the white elite’s power in the wake of Brown v. Board of Education. In response to the widening of American democracy, he developed a brilliant, if diabolical, plan to undermine the ability of the majority to use its numbers to level the playing field between the rich and powerful and the rest of us. Corporate donors and their right-wing foundations were only too eager to support Buchanan’s work in teaching others how to divide America into “makers” and “takers.” And when a multibillionaire on a messianic mission to rewrite the social contract of the modern world, Charles Koch, discovered Buchanan, he created a vast, relentless, and multi-armed machine to carry out Buchanan’s strategy. Without Buchanan's ideas and Koch's money, the libertarian right would not have succeeded in its stealth takeover of the Republican Party as a delivery mechanism. Now, with Mike Pence as Vice President, the cause has a longtime loyalist in the White House, not to mention a phalanx of Republicans in the House, the Senate, a majority of state governments, and the courts, all carrying out the plan. That plan includes harsher laws to undermine unions, privatizing everything from schools to health care and Social Security, and keeping as many of us as possible from voting. Based on ten years of unique research, Democracy in Chains tells a chilling story of right-wing academics and big money run amok. This revelatory work of scholarship is also a call to arms to protect the achievements of twentieth-century American self-government.
The essential history of the extraordinary year in which American democracy and American slavery emerged hand in hand in colonial Virginia. Along the banks of the James River, Virginia, during an oppressively hot spell in the middle of summer 1619, two events occurred within a few weeks of each other that would profoundly shape the course of history. In the newly built church at Jamestown, the General Assembly -- the first gathering of a representative governing body in America -- came together. A few weeks later, a battered privateer entered the Chesapeake Bay carrying the first African slaves to land on mainland English America. In 1619, historian James Horn sheds new light on the year that gave birth to the great paradox of our nation: slavery in the midst of freedom. This portentous year marked both the origin of the most important political development in American history, the rise of democracy, and the emergence of what would in time become one of the nation's greatest challenges: the corrosive legacy of racial inequality that has afflicted America since its beginning.
For four hundred years, Virginia's politicians have preached a "Virginia Way" of honor, gentility and democracy. In reality, this ideology bred a corrupt political class, a runaway electricity company, a university that reflected the values of donors and a school system that suffered from cronyism. This Virginia Way prevented rather than promoted the success of its stated democratic ideals. Readers from the right, left and middle will learn much about how their government operates and understand Virginia in a whole new way. Author Jeff Thomas explodes the myth of the Virginia Way with an insightful portrait of the people, politics and power that run the Commonwealth.
In this profoundly polarized era, the nation has been transfixed on the politics of Washington and its seemingly impenetrable gridlock. Many of the decisions that truly affect people’s lives, however, are being made not on the federal level but in the states. Faced with Washington’s political standoff, state governments are taking action on numerous vital issues, often impacting citizens and their communities far more than the decision makers in D.C. Despite this, few Americans really understand their state governments or the issues they address. In Fighting Political Gridlock, David Toscano reveals how the states are working around the impasse in Washington and how their work is increasingly shaping society. Long a central figure in one of the most important legislative bodies in the nation, the Virginia House of Delegates, Toscano brings a unique expertise to this urgent and timely discussion. Beginning with an analysis of state responses to COVID-19, including the processes and consequences of declaring states of emergency, he goes on to detail how various states are attacking issues in different ways–from education and voting to criminal justice and climate change–and provides a broad overview of how state actions affect our system of federalism. Toscano concludes with a call to action and civic engagement, including suggestions for how citizens and public officials can revitalize American democracy.
How the United States can provide equal educational opportunity to every child The United States Supreme Court closed the courthouse door to federal litigation to narrow educational funding and opportunity gaps in schools when it ruled in San Antonio Independent School District v. Rodriguez in 1973 that the Constitution does not guarantee a right to education. Rodriguez pushed reformers back to the state courts where they have had some success in securing reforms to school funding systems through education and equal protection clauses in state constitutions, but far less success in changing the basic structure of school funding in ways that would ensure access to equitable and adequate funding for schools. Given the limitations of state school funding litigation, education reformers continue to seek new avenues to remedy inequitable disparities in educational opportunity and achievement, including recently returning to federal court. This book is the first comprehensive examination of three issues regarding a federal right to education: why federal intervention is needed to close educational opportunity and achievement gaps; the constitutional and statutory legal avenues that could be employed to guarantee a federal right to education; and, the scope of what a federal right to education should guarantee. A Federal Right to Education provides a timely and thoughtful analysis of how the United States could fulfill its unmet promise to provide equal educational opportunity and the American Dream to every child, regardless of race, class, language proficiency, or neighborhood.
The shift from manufacturing- to service-based economies has often been accompanied by the expansion of low-wage and insecure employment. Many consider the effects of this shift inevitable. In Disintegrating Democracy at Work, Virginia Doellgast contends that high pay and good working conditions are possible even for marginal service jobs. This outcome, however, depends on strong unions and encompassing collective bargaining institutions, which are necessary to give workers a voice in the decisions that affect the design of their jobs and the distribution of productivity gains. Doellgast’s conclusions are based on a comparative study of the changes that occurred in the organization of call center jobs in the United States and Germany following the liberalization of telecommunications markets. Based on survey data and interviews with workers, managers, and union representatives, she found that German managers more often took the "high road" than those in the United States, investing in skills and giving employees more control over their work. Doellgast traces the difference to stronger institutional supports for workplace democracy in Germany. However, these democratic structures were increasingly precarious, as managers in both countries used outsourcing strategies to move jobs to workplaces with lower pay and weaker or no union representation. Doellgast’s comparative findings show the importance of policy choices in closing off these escape routes, promoting broad access to good jobs in expanding service industries.
Examines the legal and moral complexities democracies face when dealing with terrorism. This book is useful to students and teachers of law, political science, and philosophy, as well as to citizens and activists concerned with the impact of terrorism on civil liberties.