Narrowing the Nation's Power

Narrowing the Nation's Power

Author: John T. Noonan Jr.

Publisher: Univ of California Press

Published: 2002-08-21

Total Pages: 215

ISBN-13: 052093766X

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Narrowing the Nation's Power is the tale of how a cohesive majority of the Supreme Court has, in the last six years, cut back the power of Congress and enhanced the autonomy of the fifty states. The immunity from suit of the sovereign, Blackstone taught, is necessary to preserve the people's idea that the sovereign is "a superior being." Promoting the common law doctrine of sovereign immunity to constitutional status, the current Supreme Court has used it to shield the states from damages for age discrimination, disability discrimination, and the violation of patents, trademarks, copyrights, and fair labor standards. Not just the states themselves, but every state-sponsored entity--a state insurance scheme, a state university's research lab, the Idaho Potato Commission—has been insulated from paying damages in tort or contract. Sovereign immunity, as Noonan puts it, has metastasized. "It only hurts when you think about it," Noonan's Yalewoman remarks. Crippled by the states' immunity, Congress has been further brought to heel by the Supreme Court's recent invention of two rules. The first rule: Congress must establish a documentary record that a national evil exists before Congress can legislate to protect life, liberty, or property under the Fourteenth Amendment. The second rule: The response of Congress to the evil must then be both "congruent" and "proportionate." The Supreme Court determines whether these standards are met, thereby making itself the master monitor of national legislation. Even legislation under the Commerce Clause has been found wanting, illustrated here by the story of Christy Brzonkala's attempt to redress multiple rapes at a state university by invoking the Violence Against Women Act. The nation's power has been remarkably narrowed. Noonan is a passionate believer in the place of persons in the law. Rules, he claims, are a necessary framework, but they must not obscure law's task of giving justice to persons. His critique of Supreme Court doctrine is driven by this conviction.


Book Synopsis Narrowing the Nation's Power by : John T. Noonan Jr.

Download or read book Narrowing the Nation's Power written by John T. Noonan Jr. and published by Univ of California Press. This book was released on 2002-08-21 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: Narrowing the Nation's Power is the tale of how a cohesive majority of the Supreme Court has, in the last six years, cut back the power of Congress and enhanced the autonomy of the fifty states. The immunity from suit of the sovereign, Blackstone taught, is necessary to preserve the people's idea that the sovereign is "a superior being." Promoting the common law doctrine of sovereign immunity to constitutional status, the current Supreme Court has used it to shield the states from damages for age discrimination, disability discrimination, and the violation of patents, trademarks, copyrights, and fair labor standards. Not just the states themselves, but every state-sponsored entity--a state insurance scheme, a state university's research lab, the Idaho Potato Commission—has been insulated from paying damages in tort or contract. Sovereign immunity, as Noonan puts it, has metastasized. "It only hurts when you think about it," Noonan's Yalewoman remarks. Crippled by the states' immunity, Congress has been further brought to heel by the Supreme Court's recent invention of two rules. The first rule: Congress must establish a documentary record that a national evil exists before Congress can legislate to protect life, liberty, or property under the Fourteenth Amendment. The second rule: The response of Congress to the evil must then be both "congruent" and "proportionate." The Supreme Court determines whether these standards are met, thereby making itself the master monitor of national legislation. Even legislation under the Commerce Clause has been found wanting, illustrated here by the story of Christy Brzonkala's attempt to redress multiple rapes at a state university by invoking the Violence Against Women Act. The nation's power has been remarkably narrowed. Noonan is a passionate believer in the place of persons in the law. Rules, he claims, are a necessary framework, but they must not obscure law's task of giving justice to persons. His critique of Supreme Court doctrine is driven by this conviction.


Narrowing the Nation's Power

Narrowing the Nation's Power

Author: John T. Noonan

Publisher: Univ of California Press

Published: 2002-08-21

Total Pages: 214

ISBN-13: 0520235746

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The law professor exposes the Supreme Court's systematic unraveling of Federal power since the Reagan administration, revealing its role in transfering power to the states. (Politics & Government)


Book Synopsis Narrowing the Nation's Power by : John T. Noonan

Download or read book Narrowing the Nation's Power written by John T. Noonan and published by Univ of California Press. This book was released on 2002-08-21 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law professor exposes the Supreme Court's systematic unraveling of Federal power since the Reagan administration, revealing its role in transfering power to the states. (Politics & Government)


Narrowing the Nation's Power

Narrowing the Nation's Power

Author: United States. Congress. Senate. Committee on the Judiciary

Publisher:

Published: 2003

Total Pages: 160

ISBN-13:

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Book Synopsis Narrowing the Nation's Power by : United States. Congress. Senate. Committee on the Judiciary

Download or read book Narrowing the Nation's Power written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 2003 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt:


Why Nations Fail

Why Nations Fail

Author: Daron Acemoglu

Publisher: Currency

Published: 2013-09-17

Total Pages: 546

ISBN-13: 0307719227

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Brilliant and engagingly written, Why Nations Fail answers the question that has stumped the experts for centuries: Why are some nations rich and others poor, divided by wealth and poverty, health and sickness, food and famine? Is it culture, the weather, geography? Perhaps ignorance of what the right policies are? Simply, no. None of these factors is either definitive or destiny. Otherwise, how to explain why Botswana has become one of the fastest growing countries in the world, while other African nations, such as Zimbabwe, the Congo, and Sierra Leone, are mired in poverty and violence? Daron Acemoglu and James Robinson conclusively show that it is man-made political and economic institutions that underlie economic success (or lack of it). Korea, to take just one of their fascinating examples, is a remarkably homogeneous nation, yet the people of North Korea are among the poorest on earth while their brothers and sisters in South Korea are among the richest. The south forged a society that created incentives, rewarded innovation, and allowed everyone to participate in economic opportunities. The economic success thus spurred was sustained because the government became accountable and responsive to citizens and the great mass of people. Sadly, the people of the north have endured decades of famine, political repression, and very different economic institutions—with no end in sight. The differences between the Koreas is due to the politics that created these completely different institutional trajectories. Based on fifteen years of original research Acemoglu and Robinson marshall extraordinary historical evidence from the Roman Empire, the Mayan city-states, medieval Venice, the Soviet Union, Latin America, England, Europe, the United States, and Africa to build a new theory of political economy with great relevance for the big questions of today, including: - China has built an authoritarian growth machine. Will it continue to grow at such high speed and overwhelm the West? - Are America’s best days behind it? Are we moving from a virtuous circle in which efforts by elites to aggrandize power are resisted to a vicious one that enriches and empowers a small minority? - What is the most effective way to help move billions of people from the rut of poverty to prosperity? More philanthropy from the wealthy nations of the West? Or learning the hard-won lessons of Acemoglu and Robinson’s breakthrough ideas on the interplay between inclusive political and economic institutions? Why Nations Fail will change the way you look at—and understand—the world.


Book Synopsis Why Nations Fail by : Daron Acemoglu

Download or read book Why Nations Fail written by Daron Acemoglu and published by Currency. This book was released on 2013-09-17 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt: Brilliant and engagingly written, Why Nations Fail answers the question that has stumped the experts for centuries: Why are some nations rich and others poor, divided by wealth and poverty, health and sickness, food and famine? Is it culture, the weather, geography? Perhaps ignorance of what the right policies are? Simply, no. None of these factors is either definitive or destiny. Otherwise, how to explain why Botswana has become one of the fastest growing countries in the world, while other African nations, such as Zimbabwe, the Congo, and Sierra Leone, are mired in poverty and violence? Daron Acemoglu and James Robinson conclusively show that it is man-made political and economic institutions that underlie economic success (or lack of it). Korea, to take just one of their fascinating examples, is a remarkably homogeneous nation, yet the people of North Korea are among the poorest on earth while their brothers and sisters in South Korea are among the richest. The south forged a society that created incentives, rewarded innovation, and allowed everyone to participate in economic opportunities. The economic success thus spurred was sustained because the government became accountable and responsive to citizens and the great mass of people. Sadly, the people of the north have endured decades of famine, political repression, and very different economic institutions—with no end in sight. The differences between the Koreas is due to the politics that created these completely different institutional trajectories. Based on fifteen years of original research Acemoglu and Robinson marshall extraordinary historical evidence from the Roman Empire, the Mayan city-states, medieval Venice, the Soviet Union, Latin America, England, Europe, the United States, and Africa to build a new theory of political economy with great relevance for the big questions of today, including: - China has built an authoritarian growth machine. Will it continue to grow at such high speed and overwhelm the West? - Are America’s best days behind it? Are we moving from a virtuous circle in which efforts by elites to aggrandize power are resisted to a vicious one that enriches and empowers a small minority? - What is the most effective way to help move billions of people from the rut of poverty to prosperity? More philanthropy from the wealthy nations of the West? Or learning the hard-won lessons of Acemoglu and Robinson’s breakthrough ideas on the interplay between inclusive political and economic institutions? Why Nations Fail will change the way you look at—and understand—the world.


A Question of Power

A Question of Power

Author: Robert Bryce

Publisher: PublicAffairs

Published: 2020-03-10

Total Pages: 337

ISBN-13: 1610397509

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An acclaimed author and celebrated journalist breaks down the history of electricity and the impact of global energy use on the world and the environment.​ Global demand for power is doubling every two decades, but electricity remains one of the most difficult forms of energy to supply and do so reliably. Today, some three billion people live in places where per-capita electricity use is less than what's used by an average American refrigerator. How we close the colossal gap between the electricity rich and the electricity poor will determine our success in addressing issues like women's rights, inequality, and climate change. In A Question of Power, veteran journalist Robert Bryce tells the human story of electricity, the world's most important form of energy. Through onsite reporting from India, Iceland, Lebanon, Puerto Rico, New York, and Colorado, he shows how our cities, our money--our very lives--depend on reliable flows of electricity. He highlights the factors needed for successful electrification and explains why so many people are still stuck in the dark. With vivid writing and incisive analysis, he powerfully debunks the notion that our energy needs can be met solely with renewables and demonstrates why--if we are serious about addressing climate change--nuclear energy must play a much bigger role. Electricity has fueled a new epoch in the history of civilization. A Question of Power explains how that happened and what it means for our future.


Book Synopsis A Question of Power by : Robert Bryce

Download or read book A Question of Power written by Robert Bryce and published by PublicAffairs. This book was released on 2020-03-10 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: An acclaimed author and celebrated journalist breaks down the history of electricity and the impact of global energy use on the world and the environment.​ Global demand for power is doubling every two decades, but electricity remains one of the most difficult forms of energy to supply and do so reliably. Today, some three billion people live in places where per-capita electricity use is less than what's used by an average American refrigerator. How we close the colossal gap between the electricity rich and the electricity poor will determine our success in addressing issues like women's rights, inequality, and climate change. In A Question of Power, veteran journalist Robert Bryce tells the human story of electricity, the world's most important form of energy. Through onsite reporting from India, Iceland, Lebanon, Puerto Rico, New York, and Colorado, he shows how our cities, our money--our very lives--depend on reliable flows of electricity. He highlights the factors needed for successful electrification and explains why so many people are still stuck in the dark. With vivid writing and incisive analysis, he powerfully debunks the notion that our energy needs can be met solely with renewables and demonstrates why--if we are serious about addressing climate change--nuclear energy must play a much bigger role. Electricity has fueled a new epoch in the history of civilization. A Question of Power explains how that happened and what it means for our future.


Closing the Gate

Closing the Gate

Author: Andrew Gyory

Publisher: Univ of North Carolina Press

Published: 2000-11-09

Total Pages: 371

ISBN-13: 080786675X

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The Chinese Exclusion Act of 1882, which barred practically all Chinese from American shores for ten years, was the first federal law that banned a group of immigrants solely on the basis of race or nationality. By changing America's traditional policy of open immigration, this landmark legislation set a precedent for future restrictions against Asian immigrants in the early 1900s and against Europeans in the 1920s. Tracing the origins of the Chinese Exclusion Act, Andrew Gyory presents a bold new interpretation of American politics during Reconstruction and the Gilded Age. Rather than directly confront such divisive problems as class conflict, economic depression, and rising unemployment, he contends, politicians sought a safe, nonideological solution to the nation's industrial crisis--and latched onto Chinese exclusion. Ignoring workers' demands for an end simply to imported contract labor, they claimed instead that working people would be better off if there were no Chinese immigrants. By playing the race card, Gyory argues, national politicians--not California, not organized labor, and not a general racist atmosphere--provided the motive force behind the era's most racist legislation.


Book Synopsis Closing the Gate by : Andrew Gyory

Download or read book Closing the Gate written by Andrew Gyory and published by Univ of North Carolina Press. This book was released on 2000-11-09 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Chinese Exclusion Act of 1882, which barred practically all Chinese from American shores for ten years, was the first federal law that banned a group of immigrants solely on the basis of race or nationality. By changing America's traditional policy of open immigration, this landmark legislation set a precedent for future restrictions against Asian immigrants in the early 1900s and against Europeans in the 1920s. Tracing the origins of the Chinese Exclusion Act, Andrew Gyory presents a bold new interpretation of American politics during Reconstruction and the Gilded Age. Rather than directly confront such divisive problems as class conflict, economic depression, and rising unemployment, he contends, politicians sought a safe, nonideological solution to the nation's industrial crisis--and latched onto Chinese exclusion. Ignoring workers' demands for an end simply to imported contract labor, they claimed instead that working people would be better off if there were no Chinese immigrants. By playing the race card, Gyory argues, national politicians--not California, not organized labor, and not a general racist atmosphere--provided the motive force behind the era's most racist legislation.


The Narrow Corridor

The Narrow Corridor

Author: Daron Acemoglu

Publisher: Penguin Books

Published: 2019

Total Pages: 594

ISBN-13: 0735224382

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How does history end? -- The Red Queen -- Will to power -- Economics outside the corridor -- Allegory of good government -- The European scissors -- Mandate of Heaven -- Broken Red Queen -- Devil in the details -- What's the matter with Ferguson? -- The paper leviathan -- Wahhab's children -- Red Queen out of control -- Into the corridor -- Living with the leviathan.


Book Synopsis The Narrow Corridor by : Daron Acemoglu

Download or read book The Narrow Corridor written by Daron Acemoglu and published by Penguin Books. This book was released on 2019 with total page 594 pages. Available in PDF, EPUB and Kindle. Book excerpt: How does history end? -- The Red Queen -- Will to power -- Economics outside the corridor -- Allegory of good government -- The European scissors -- Mandate of Heaven -- Broken Red Queen -- Devil in the details -- What's the matter with Ferguson? -- The paper leviathan -- Wahhab's children -- Red Queen out of control -- Into the corridor -- Living with the leviathan.


The President and Immigration Law

The President and Immigration Law

Author: Adam B. Cox

Publisher: Oxford University Press

Published: 2020-08-04

Total Pages: 361

ISBN-13: 0190694386

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Who controls American immigration policy? The biggest immigration controversies of the last decade have all involved policies produced by the President policies such as President Obama's decision to protect Dreamers from deportation and President Trump's proclamation banning immigrants from several majority-Muslim nations. While critics of these policies have been separated by a vast ideological chasm, their broadsides have embodied the same widely shared belief: that Congress, not the President, ought to dictate who may come to the United States and who will be forced to leave. This belief is a myth. In The President and Immigration Law, Adam B. Cox and Cristina M. Rodríguez chronicle the untold story of how, over the course of two centuries, the President became our immigration policymaker-in-chief. Diving deep into the history of American immigration policy from founding-era disputes over deporting sympathizers with France to contemporary debates about asylum-seekers at the Southern border they show how migration crises, real or imagined, have empowered presidents. Far more importantly, they also uncover how the Executive's ordinary power to decide when to enforce the law, and against whom, has become an extraordinarily powerful vehicle for making immigration policy. This pathbreaking account helps us understand how the United States ?has come to run an enormous shadow immigration system-one in which nearly half of all noncitizens in the country are living in violation of the law. It also provides a blueprint for reform, one that accepts rather than laments the role the President plays in shaping the national community, while also outlining strategies to curb the abuse of law enforcement authority in immigration and beyond.


Book Synopsis The President and Immigration Law by : Adam B. Cox

Download or read book The President and Immigration Law written by Adam B. Cox and published by Oxford University Press. This book was released on 2020-08-04 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who controls American immigration policy? The biggest immigration controversies of the last decade have all involved policies produced by the President policies such as President Obama's decision to protect Dreamers from deportation and President Trump's proclamation banning immigrants from several majority-Muslim nations. While critics of these policies have been separated by a vast ideological chasm, their broadsides have embodied the same widely shared belief: that Congress, not the President, ought to dictate who may come to the United States and who will be forced to leave. This belief is a myth. In The President and Immigration Law, Adam B. Cox and Cristina M. Rodríguez chronicle the untold story of how, over the course of two centuries, the President became our immigration policymaker-in-chief. Diving deep into the history of American immigration policy from founding-era disputes over deporting sympathizers with France to contemporary debates about asylum-seekers at the Southern border they show how migration crises, real or imagined, have empowered presidents. Far more importantly, they also uncover how the Executive's ordinary power to decide when to enforce the law, and against whom, has become an extraordinarily powerful vehicle for making immigration policy. This pathbreaking account helps us understand how the United States ?has come to run an enormous shadow immigration system-one in which nearly half of all noncitizens in the country are living in violation of the law. It also provides a blueprint for reform, one that accepts rather than laments the role the President plays in shaping the national community, while also outlining strategies to curb the abuse of law enforcement authority in immigration and beyond.


Restoring the Lost Constitution

Restoring the Lost Constitution

Author: Randy E. Barnett

Publisher: Princeton University Press

Published: 2013-11-24

Total Pages: 448

ISBN-13: 0691159734

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The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost. Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a "presumption of liberty" to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people. As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond. This updated edition features an afterword with further reflections on individual popular sovereignty, originalist interpretation, judicial engagement, and the gravitational force that original meaning has exerted on the Supreme Court in several recent cases.


Book Synopsis Restoring the Lost Constitution by : Randy E. Barnett

Download or read book Restoring the Lost Constitution written by Randy E. Barnett and published by Princeton University Press. This book was released on 2013-11-24 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost. Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a "presumption of liberty" to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people. As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond. This updated edition features an afterword with further reflections on individual popular sovereignty, originalist interpretation, judicial engagement, and the gravitational force that original meaning has exerted on the Supreme Court in several recent cases.


Confirmation Hearings on Federal Appointments

Confirmation Hearings on Federal Appointments

Author: United States. Congress. Senate. Committee on the Judiciary

Publisher:

Published: 2003

Total Pages: 744

ISBN-13:

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Book Synopsis Confirmation Hearings on Federal Appointments by : United States. Congress. Senate. Committee on the Judiciary

Download or read book Confirmation Hearings on Federal Appointments written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 2003 with total page 744 pages. Available in PDF, EPUB and Kindle. Book excerpt: