Winner of the Thomas M. Cooley Book Prize, Georgetown Center on the Constitution
Why do self-proclaimed constitutional “originalists” so regularly reach decisions with a politically conservative valence? Do “living constitutionalists” claim a license to reach whatever results they prefer, without regard to the Constitution’s language and history? In confronting these questions, Richard H. Fallon reframes and ultimately transcends familiar debates about constitutional law, constitutional theory, and judicial legitimacy.
Drawing from ideas in legal scholarship, philosophy, and political science, Fallon presents a theory of judicial legitimacy based on an ideal of good faith in constitutional argumentation. Good faith demands that the Justices base their decisions only on legal arguments that they genuinely believe to be valid and are prepared to apply to similar future cases. Originalists are correct about this much. But good faith does not forbid the Justices to refine and adjust their interpretive theories in response to the novel challenges that new cases present. Fallon argues that theories of constitutional interpretation should be works in progress, not rigid formulas laid down in advance of the unforeseeable challenges that life and experience generate.
Law and Legitimacy in the Supreme Court offers theories of constitutional law and judicial legitimacy that accept many tenets of legal realism but reject its corrosive cynicism. Fallon’s account both illuminates current practice and prescribes urgently needed responses to a legitimacy crisis in which the Supreme Court is increasingly enmeshed.
In this insightful study, Paul Y. Hammond, an experienced analyst of bureaucratic politics, adapts and extends that approach to explain and evaluate the Johnson administration’s performance in foreign relations in terms that have implications for the post–Cold War era.
The book is structured around three case studies of Johnson’s foreign policy decision making. The first study examines economic and political development. It explores the way Johnson handled the provision of economic and food assistance to India during a crisis in India’s food policies. This analysis provides lessons not only for dealing with African famine in later years but also for assisting Eastern Europe and the former Soviet Union.
The second case study focuses on U.S. relations with Western Europe at a time that seemed to require a major change in the NATO alliance. Here, Hammond illuminates the process of policy innovation, particularly the costs of changing well-established policies that embody an elaborate network of established interests. The third case study treats the Vietnam War, with special emphasis on how Johnson decided what to do about Vietnam. Hammond critiques the rich scholarship available on Johnson’s advisory process, based on his own reading of the original sources.
These case studies are set in a larger context of applied theory that deals more generally with presidential management of foreign relations, examining a president’s potential for influence on the one hand and the constraints on his or her capacity to control and persuade on the other. It will be important reading for all scholars and policymakers interested in the limits and possibilities of presidential power in the post–Cold War era.
How does the leadership of a Senate committee influence the outcome of bills? In Leadership in Committee C. Lawrence Evans delves into the behavior of legislative leaders and the effects of what they do, how their tactics vary, and why. Using evidence gleaned from personal interviews with a large number of U.S. senators and Senate staff, the author compares the leadership styles of eight committee chairs and ranking minority members in the U.S. Senate. The result is a significant contribution to the literature on American politics, the first book-length, comparative analysis of legislative leadership behavior in the modern Senate.
". . . .this book is highly recommended reading for those interested in both legislative politics and political leadership. . . .Leadership in Committee establishes Evans as one of the handful of political scientists who have done justice to the subtleties of politics in the modern Senate."
---Randall Strahan, Journal of Politics
"Larry Evans has significantly influenced my own work over the years, and Leadership in Committee is one reason why. It is a model of great scholarship, the best work on committee leadership ever written. It has the discriminatory sense of context that appears only when the author truly knows his subject. It is theoretical without being reductionist or vacuously abstract. Its principal claims are general yet sufficiently concrete to be testable, and Evans provides systematic, comparative evidence to support (or qualify) each of them. Larger issues of agenda-setting, institutional structure, partisanship, anticipated reactions, participation, committee-floor bargaining, and strategic action of various kinds receive thoughtful and insightful examination. And the book is simply a terrific read. Too long in coming, the publication of Leadership in Committee in paperback ought to spark a well-deserved revival of interest in this work."
---Richard L. Hall, University of Michigan
Thoroughly grounded in the latest scholarly literature, theoretical sources, and experimental results, Legacy and Legitimacy substantially advances understanding of Black Americans’ attitudes toward the Supreme Court, the Court’s ability to influence Blacks’ opinions about the legitimacy of public institutions and policies, and the role of media in shaping Blacks’ judgments.
Drawing on legitimacy theory—which explains the acceptance of or tolerance for controversial policies—the authors begin by reexamining the significance of “diffuse support” in establishing legitimacy. They provide a useful overview of the literature on legitimacy and a concise history of the special relationship between Blacks and the Court. They investigate the influences of group attitudes and media “framing.” And they employ data from large-scale surveys to show that Blacks with greater levels of diffuse support for the Court are more likely to adopt positions consistent with Court rulings.
With its broad scope and inclusion of new experimental findings, Legacy and Legitimacy will interest students and scholars of judicial politics, racial politics, media and politics, black studies and public opinion.
The Letters of Theodore Roosevelt constitute a major contribution to the field of American history and literature. At the same time, they present an autobiography of matchless candor and vitality. They are at once a mine of information for the historian, a case study in astute and vigorous political leadership, and a delight to the general reader. All the letters needed to reveal Roosevelt's thought and action in his public and private life are included, with appropriate editorial comment; and each is printed in its entirety.
In the letters of 1905–1909, Roosevelt’s “big stick” carries increasing weight at home and abroad. These are the years of the fleet’s cruise around the world, of trust-busting and railroad regulation and currency control, and the building of the Panama Canal. They include the Panic of 1907, “Nature Faking,” conservation, the choice of a successor, and the bitter conflict between President and Congress in the closing days of the administration.
The Letters of Theodore Roosevelt constitute a major contribution to the field of American history and literature. At the same time, they present an autobiography of matchless candor and vitality. They are at once a mine of information for the historian, a case study in astute and vigorous political leadership, and a delight to the general reader. All the letters needed to reveal Roosevelt's thought and action in his public and private life are included, with appropriate editorial comment; and each is printed in its entirety.
In the letters of 1905–1909, Roosevelt’s “big stick” carries increasing weight at home and abroad. These are the years of the fleet’s cruise around the world, of trust-busting and railroad regulation and currency control, and the building of the Panama Canal. They include the Panic of 1907, “Nature Faking,” conservation, the choice of a successor, and the bitter conflict between President and Congress in the closing days of the administration.
The Letters of Theodore Roosevelt constitute a major contribution to the field of American history and literature. At the same time, they present an autobiography of matchless candor and vitality. They are at once a mine of information for the historian, a case study in astute and vigorous political leadership, and a delight to the general reader. All the letters needed to reveal Roosevelt's thought and action in his public and private life are included, with appropriate editorial comment; and each is printed in its entirety.
In the letters of 1901–1905, Roosevelt consolidates his position as President and party leader, settles the coal strike, deals with the politics of the Panama Canal, expands the Navy, extends the sphere of American interests abroad, achieves the Presidency in his own right, and works with the Russians and the Japanese to make the Peace in Portsmouth.
The Letters of Theodore Roosevelt constitute a major contribution to the field of American history and literature. At the same time, they present an autobiography of matchless candor and vitality. They are at once a mine of information for the historian, a case study in astute and vigorous political leadership, and a delight to the general reader. All the letters needed to reveal Roosevelt's thought and action in his public and private life are included, with appropriate editorial comment; and each is printed in its entirety.
In the letters of 1901–1905, Roosevelt consolidates his position as President and party leader, settles the coal strike, deals with the politics of the Panama Canal, expands the Navy, extends the sphere of American interests abroad, achieves the Presidency in his own right, and works with the Russians and the Japanese to make the Peace in Portsmouth.
Most scholars and pundits today view Franklin Delano Roosevelt and John F. Kennedy as aggressive liberal leaders, while viewing Schlesinger’s famous histories of their presidencies as celebrations of their steadfast progressive leadership. A more careful reading of Schlesinger’s work demonstrates that he preferred an ironic political outlook emphasizing the virtues of restraint, patience, and discipline. For Schlesinger, Roosevelt and Kennedy were liberal heroes and models as much because they respected the constraints on their power and ideals as because they tested traditional institutions and redefined the boundaries of presidential power.
Aggressive liberalism involves the use of inspirational rhetoric and cunning political tactics to expand civil liberties and insure economic equality. Schlesinger’s emphasis on the crucial role that irony has played and should play in liberalism poses a challenge to the aggressive liberalism advocated by liberal activists, political thinkers, and pundits. That his counsel was grounded in conservative insights as well as liberal values makes it accessible to leaders across the political spectrum.
This biography illuminates the governor's accomplishments between 1962 and 1970, including the creation of the Hackensack Meadowlands Commission, formation of the county college system, establishment of stringent antipollution laws, design of the public defender system, and the adoption of a New Jersey sales tax, as well as his pivotal role during the Newark riots. As chief justice, Hughes faced difficult issuesùschool funding, low and moderate income housing needs, freedom of speech, and his decision in the rightto-die case involving Karen Ann Quinlan. With a career characterized by liberal activism, Hughes also contributed nationally and internationally, from serving as host of the 1964 Democratic National Convention to monitoring elections in South Vietnam.
John B. Wefing's research includes interviews with prominent politicians and leaders who worked with Hughes at various points in his career. The result is a rich story of a public servant who possessed a true ability to work with members of both political parties and played a significant role in shaping modern New Jersey.
A constitutional originalist sounds the alarm over the presidency’s ever-expanding powers, ascribing them unexpectedly to the liberal embrace of a living Constitution.
Liberal scholars and politicians routinely denounce the imperial presidency—a self-aggrandizing executive that has progressively sidelined Congress. Yet the same people invariably extol the virtues of a living Constitution, whose meaning adapts with the times. Saikrishna Bangalore Prakash argues that these stances are fundamentally incompatible. A constitution prone to informal amendment systematically favors the executive and ensures that there are no enduring constraints on executive power. In this careful study, Prakash contends that an originalist interpretation of the Constitution can rein in the “living presidency” legitimated by the living Constitution.
No one who reads the Constitution would conclude that presidents may declare war, legislate by fiat, and make treaties without the Senate. Yet presidents do all these things. They get away with it, Prakash argues, because Congress, the courts, and the public routinely excuse these violations. With the passage of time, these transgressions are treated as informal constitutional amendments. The result is an executive increasingly liberated from the Constitution. The solution is originalism. Though often associated with conservative goals, originalism in Prakash’s argument should appeal to Republicans and Democrats alike, as almost all Americans decry the presidency’s stunning expansion. The Living Presidency proposes a baker’s dozen of reforms, all of which could be enacted if only Congress asserted its lawful authority.
During the 2008 election season, politicians from both sides of the aisle promised to rid government of lobbyists’ undue influence. For the authors of Lobbying and Policy Change, the most extensive study ever done on the topic, these promises ring hollow—not because politicians fail to keep them but because lobbies are far less influential than political rhetoric suggests.
Based on a comprehensive examination of ninety-eight issues, this volume demonstrates that sixty percent of recent lobbying campaigns failed to change policy despite millions of dollars spent trying. Why? The authors find that resources explain less than five percent of the difference between successful and unsuccessful efforts. Moreover, they show, these attempts must overcome an entrenched Washington system with a tremendous bias in favor of the status quo.
Though elected officials and existing policies carry more weight, lobbies have an impact too, and when advocates for a given issue finally succeed, policy tends to change significantly. The authors argue, however, that the lobbying community so strongly reflects elite interests that it will not fundamentally alter the balance of power unless its makeup shifts dramatically in favor of average Americans’ concerns.
In a wide-ranging constitutional history of presidential war decisions from 1945 to the present, Stephen M. Griffin rethinks the long-running debate over the “imperial presidency” and concludes that the eighteenth-century Constitution is inadequate to the challenges of a post-9/11 world.
The Constitution requires the consent of Congress before the United States can go to war. Truman’s decision to fight in Korea without gaining that consent was unconstitutional, says Griffin, but the acquiescence of Congress and the American people created a precedent for presidents to claim autonomy in this arena ever since. The unthinking extension of presidential leadership in foreign affairs to a point where presidents unilaterally decide when to go to war, Griffin argues, has destabilized our constitutional order and deranged our foreign policy. Long Wars and the Constitution demonstrates the unexpected connections between presidential war power and the constitutional crises that have plagued American politics.
Contemporary presidents are caught in a dilemma. On the one hand are the responsibilities handed over to them by a dangerous world, and on the other is an incapacity for sound decisionmaking in the absence of interbranch deliberation. President Obama’s continuation of many Bush administration policies in the long war against terrorism is only the latest in a chain of difficulties resulting from the imbalances introduced by the post-1945 constitutional order. Griffin argues for beginning a cycle of accountability in which Congress would play a meaningful role in decisions for war, while recognizing the realities of twenty-first century diplomacy.
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