foreign affairs federalism the myth of national exclusivity

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Foreign Affairs Federalism

Author : Michael J. Glennon
ISBN : 9780199941490
Genre : Constitutional law
File Size : 31. 41 MB
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Challenging the myth that the federal government exercises exclusive control over U.S. foreign-policymaking, Michael J. Glennon and Robert D. Sloane propose that we recognize the prominent role that states and cities now play in that realm. Foreign Affairs Federalism provides the first comprehensive study of the constitutional law and practice of federalism in the conduct of U.S. foreign relations. It could hardly be timelier. States and cities recently have limited greenhouse gas emissions, declared nuclear free zones and sanctuaries for undocumented immigrants, established thousands of sister-city relationships, set up informal diplomatic offices abroad, and sanctioned oppressive foreign governments. Exploring the implications of these and other initiatives, this book argues that the national interest cannot be advanced internationally by Washington alone. Glennon and Sloane examine in detail the considerable foreign affairs powers retained by the states under the Constitution and question the need for Congress or the president to step in to provide "one voice" in foreign affairs. They present concrete, realistic ways that the courts can update antiquated federalism precepts and untangle interwoven strands of international law, federal law, and state law. The result is a lucid, incisive, and up-to-date analysis of the rules that empower-and limit-states and cities abroad.

National Security And Double Government

Author : Michael J. Glennon
ISBN : 9780190668471
Genre : Law
File Size : 77. 91 MB
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Why has U.S. security policy scarcely changed from the Bush to the Obama administration? National Security and Double Government offers a disquieting answer. Michael J. Glennon challenges the myth that U.S. security policy is still forged by America's visible, "Madisonian institutions" - the President, Congress, and the courts. Their roles, he argues, have become largely illusory. Presidential control is now nominal, congressional oversight is dysfunctional, and judicial review is negligible. The book details the dramatic shift in power that has occurred from the Madisonian institutions to a concealed "Trumanite network" - the several hundred managers of the military, intelligence, diplomatic, and law enforcement agencies who are responsible for protecting the nation and who have come to operate largely immune from constitutional and electoral restraints. Reform efforts face daunting obstacles. Remedies within this new system of "double government" require the hollowed-out Madisonian institutions to exercise the very power that they lack. Meanwhile, reform initiatives from without confront the same pervasive political ignorance within the polity that has given rise to this duality. The book sounds a powerful warning about the need to resolve this dilemma-and the mortal threat posed to accountability, democracy, and personal freedom if double government persists. This paperback version features an Afterword that addresses the emerging danger posed by populist authoritarianism rejecting the notion that the security bureaucracy can or should be relied upon to block it.

From Dual To Cooperative Federalism

Author : Robert Schütze
ISBN : 9780191642807
Genre : Law
File Size : 20. 79 MB
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What is the federal philosophy inspiring the structure of European law? The federal principle stands for constitutional arrangements that find "unity in diversity". The two most influential manifestations of the federal principle emerged under the names of "dual" and "cooperative" federalism in the constitutional history of the United States of America. Dual federalism is based on the idea that the federal government and the State governments are co-equals and each is legislating in a separate sphere. Cooperative federalism, on the other hand, stands for the thought that both governments legislate in the same sphere. They are hierarchically arranged and complement each other in solving a social problem. Can the European Union be understood in federal terms? The book's general part introduces three constitutional traditions of the federal idea. Following the American tradition, the European Union is defined as a Federation of States as it stands on the "middle ground" between international and national law. But what federal philosophy has the European Union followed? The special part of the book investigates the structure of European law. Three arguments are advanced to show the evolution of the European legal order from dual to cooperative federalism. The first looks at the decline of constitutional exclusivity on the part of the Member States and the European Union. For almost all objects of government, the Union and its States operate in a universe of shared powers. The second argument analyses the decline of legislative exclusivity. European and national legislation - increasingly - complement each other to solve a social problem. The third argument describes the "constitutionalisation" of cooperative federalism in the form of the principle of subsidiarity and the idea of complementary competences. A final Chapter is dedicated to Europe's foreign affairs federalism. It analyses, whether the external sphere must be regarded as subject to different constitutional or federal principles. The book concludes that cooperative federalism will benefit both levels of government - the Union and the Member States - as the constitutional mechanism of uniform European standards complemented by diverse national standards best expresses the federal idea of "unity in diversity".

Corporate Power In Civil Society

Author : David Sciulli
ISBN : 9780814739952
Genre : Business & Economics
File Size : 31. 85 MB
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The corporate mega-mergers of the 1980s and 1990s raise many troubling questions for social scientists and legal scholars. Do corporate globalism and the new, streamlined corporation help or hinder the development of civil society? Does the new power that increasingly deregulated businesses wield undermine the rights of citizens, or is this threat being exaggerated? Who has the authority to get things done in a corporation's name and who can be held legally responsible for a corporation's misbehavior? What role, if any, should the courts play in strengthening the rights of individuals who challenge the actions of big business? David Sciulli maps the legal limits of corporate power in our democratic society, and explores the role of the corporate judiciary in creating public policy. He argues that the judiciary must be more vigilant and act to curb corporate abuses. He demonstrates that when corporations exercise their private power in civil society, they are just as capable as the state of exercising it in ways that are dangerous, arbitrary, and challenge the basic institutional arrangements of society. Finally, Sciulli calls for sociologists to involve themselves more deeply in issues of corporate governance and commit their discipline to influencing the decisions of the courts.

The Wretched Of The Earth

Author : Frantz Fanon
ISBN : 0802198856
Genre : Political Science
File Size : 84. 49 MB
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Frantz Fanon was one of the twentieth century’s most important theorists of revolution, colonialism, and racial difference, and this, his masterwork, is a classic alongside Orientalism and The Autobiography of Malcolm X. The Wretched of the Earth is a brilliant analysis of the psychology of the colonized and their path to liberation. Bearing singular insight into the rage of colonized peoples and the role of violence in historical change, the book also incisively attacks postindependence disenfranchisement of the masses by the elite on one hand, and intertribal and interfaith animosities on the other. A veritable handbook of social reorganization for leaders of emerging nations, The Wretched of the Earth has had a major impact on civil rights, anticolonialism, and black-consciousness movements around the world. This new translation updates its language for a new generation of readers and its lessons are more vital now than ever.

Myth Of National Defense Essays On The Theory And History Of Security Production The

Author :
ISBN : 9781610163828
Genre :
File Size : 84. 77 MB
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The Powers Of War And Peace

Author : John Yoo
ISBN : 9780226960333
Genre : Political Science
File Size : 24. 13 MB
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Since the September 11 attacks on the United States, the Bush administration has come under fire for its methods of combating terrorism. Waging war against al Qaeda has proven to be a legal quagmire, with critics claiming that the administration's response in Afghanistan and Iraq is unconstitutional. The war on terror—and, in a larger sense, the administration's decision to withdraw from the ABM Treaty and the Kyoto accords—has many wondering whether the constitutional framework for making foreign affairs decisions has been discarded by the present administration. John Yoo, formerly a lawyer in the Department of Justice, here makes the case for a completely new approach to understanding what the Constitution says about foreign affairs, particularly the powers of war and peace. Looking to American history, Yoo points out that from Truman and Korea to Clinton's intervention in Kosovo, American presidents have had to act decisively on the world stage without a declaration of war. They are able to do so, Yoo argues, because the Constitution grants the president, Congress, and the courts very different powers, requiring them to negotiate the country's foreign policy. Yoo roots his controversial analysis in a brilliant reconstruction of the original understanding of the foreign affairs power and supplements it with arguments based on constitutional text, structure, and history. Accessibly blending historical arguments with current policy debates, The Powers of War and Peace will no doubt be hotly debated. And while the questions it addresses are as old and fundamental as the Constitution itself, America's response to the September 11 attacks has renewed them with even greater force and urgency. “Can the president of the United States do whatever he likes in wartime without oversight from Congress or the courts? This year, the issue came to a head as the Bush administration struggled to maintain its aggressive approach to the detention and interrogation of suspected enemy combatants in the war on terrorism. But this was also the year that the administration’s claims about presidential supremacy received their most sustained intellectual defense [in] The Powers of War and Peace.”—Jeffrey Rosen, New York Times “Yoo’s theory promotes frank discussion of the national interest and makes it harder for politicians to parade policy conflicts as constitutional crises. Most important, Yoo’s approach offers a way to renew our political system’s democratic vigor.”—David B. Rivkin Jr. and Carlos Ramos-Mrosovsky, National Review

Constitutional Diplomacy

Author : Michael J. Glennon
ISBN : 0691023050
Genre : Law
File Size : 38. 84 MB
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Challenging those who accept or advocate executive supremacy in American foreign-policy making, Constitutional Diplomacy proposes that we abandon the supine roles often assigned our legislative and judicial branches in that field. This book, by the former Legal Counsel to the Senate Foreign Relations Committee, is the first comprehensive analysis of foreign policy and constitutionalism to appear in over fifteen years. In the interval since the last major work on this theme was published, the War Powers Resolution has ignited a heated controversy, several major treaties have aroused passionate disagreement over the Senate's role, intelligence abuses have been revealed and remedial legislation debated, and the Iran-Contra affair has highlighted anew the extent of disagreement over first principles. Exploring the implications of these and earlier foreign policy disputes, Michael Glennon maintains that the objectives of diplomacy cannot be successfully pursued by discarding constitutional interests. Glennon probes in detail the important foreign-policy responsibilities given to Congress by the Constitution and the duty given to the courts of resolving disputes between Congress and the President concerning the power to make foreign policy. He reviews the scope of the prime tools of diplomacy, the war power and the treaty power, and examines the concept of national security. Throughout the work he considers the intricate weave of two legal systems: American constitutional principles and the international law norms that are part of the U.S. domestic legal system.

Controversies In American Federalism And Public Policy

Author : Christopher P. Banks
ISBN : 9781351713382
Genre : Law
File Size : 77. 43 MB
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This interdisciplinary collection presents a scholarly treatment of how the constitutional politics of federalism affect governments and citizens, offering an accessible yet comprehensive analysis of the U.S. Supreme Court’s federalism jurisprudence and its effect on the development of national and state policies in key areas of constitutional jurisprudence. The contributors address the impact that Supreme Court federalism precedents have in setting the parameters of national law and policies that the states are often bound to respect under constitutional law, including those that relate to the scope and application of gun rights, LGBT freedoms, health care administration, anti-terrorism initiatives, capital punishment, immigration and environmental regulation, the legalization of marijuana and voting rights. Uniting scholarship in law, political science, criminology, and public administration, the chapters study the themes, principles, and politics that traditionally have been at the center of federalism research across different academic disciplines. They look at the origins, nature and effect of dual and cooperative federalism, presidential powers and administrative regulation, state sovereignty and states’ rights, judicial federalism and the advocacy of organized interests.

Historia And Fabula

Author : Peter G. Bietenholz
ISBN : 9004100636
Genre : History
File Size : 27. 78 MB
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Examining a variety of texts ranging from the Ancient Near East to the nineteenth century, this book deals with the inevitable presence of both fact and fiction in historical thought and investigates when, where and to what degree they were distinguished.

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