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Book Synopsis State Sovereignty and the Role of the Federal Government by : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution, Federalism, and Property Rights
Download or read book State Sovereignty and the Role of the Federal Government written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution, Federalism, and Property Rights and published by . This book was released on 1997 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt:
The authors assert that sovereignty can no longer be seen as a protection against interference, but as a charge of responsibility where the state is accountable to both domestic and external constituencies. In internal conflicts in Africa, sovereign states have often failed to take responsibility for their own citizens' welfare and for the humanitarian consequences of conflict, leaving the victims with no assistance. This book shows how that responsibility can be exercised by states over their own population, and by other states in assistance to their fellow sovereigns. Sovereignty as Responsibility presents a framework that should guide both national governments and the international community in discharging their respective responsibilities. Broad principles are developed by examining identity as a potential source of conflict, governance as a matter of managing conflict, and economics as a policy field for deterring conflict. Considering conflict management, political stability, economic development, and social welfare as functions of governance, the authors develop strategies, guidelines, and roles for its responsible exercise. Some African governments, such as South Africa in the 1990s and Ghana since 1980, have demonstrated impressive gains against these standards, while others, such as Rwanda, Somalia, Liberia, Nigeria, and Sudan, have failed. Opportunities for making sovereignty more responsible and improving the management of conflicts are examined at the regional and international levels. The lessons from the mixed successes of regional conflict management actions, such as the West African intervention in Liberia, the East African mediation in Sudan, and international efforts to urge talks to end the conflict in Angola, indicate friends and neighbors outside the state in conflict have important roles to play in increasing sovereign responsibility. Approaching conflict management from the perspective of the responsibilities of sovereignt
Book Synopsis Sovereignty as Responsibility by : Francis M. Deng
Download or read book Sovereignty as Responsibility written by Francis M. Deng and published by Rowman & Littlefield. This book was released on 2010-12-01 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: The authors assert that sovereignty can no longer be seen as a protection against interference, but as a charge of responsibility where the state is accountable to both domestic and external constituencies. In internal conflicts in Africa, sovereign states have often failed to take responsibility for their own citizens' welfare and for the humanitarian consequences of conflict, leaving the victims with no assistance. This book shows how that responsibility can be exercised by states over their own population, and by other states in assistance to their fellow sovereigns. Sovereignty as Responsibility presents a framework that should guide both national governments and the international community in discharging their respective responsibilities. Broad principles are developed by examining identity as a potential source of conflict, governance as a matter of managing conflict, and economics as a policy field for deterring conflict. Considering conflict management, political stability, economic development, and social welfare as functions of governance, the authors develop strategies, guidelines, and roles for its responsible exercise. Some African governments, such as South Africa in the 1990s and Ghana since 1980, have demonstrated impressive gains against these standards, while others, such as Rwanda, Somalia, Liberia, Nigeria, and Sudan, have failed. Opportunities for making sovereignty more responsible and improving the management of conflicts are examined at the regional and international levels. The lessons from the mixed successes of regional conflict management actions, such as the West African intervention in Liberia, the East African mediation in Sudan, and international efforts to urge talks to end the conflict in Angola, indicate friends and neighbors outside the state in conflict have important roles to play in increasing sovereign responsibility. Approaching conflict management from the perspective of the responsibilities of sovereignt
In the wake of the 2000 Election, the relationship between the Supreme Court and the American states has become more important. Once derided by the Supreme Court as a 'truism, ' the Tenth Amendment has in recent years been transformed from a neglected provision into a vital 'first principle.' As such, it has provided the foundation for a series of decisions in which the Supreme Court has elevated the status of the states, often at the expense of federal power and in the face of previously settled assumptions. In this important volume, four prominent scholars--two historians and two law professors--examine carefully one of the central tenets in the Supreme Court's recent Tenth Amendment jurisprudence: the assumption that the results fashioned by a narrow majority are compelled by history and consistent with the intentions of the framers. They shed important new light on a series of decisions that mark a major change in our thinking about the nature of a constitutional system within which both the federal government and the states properly regard themselves as sovereign entities.
Book Synopsis The Tenth Amendment and State Sovereignty by : Mark Robert Killenbeck
Download or read book The Tenth Amendment and State Sovereignty written by Mark Robert Killenbeck and published by Rowman & Littlefield. This book was released on 2002 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the wake of the 2000 Election, the relationship between the Supreme Court and the American states has become more important. Once derided by the Supreme Court as a 'truism, ' the Tenth Amendment has in recent years been transformed from a neglected provision into a vital 'first principle.' As such, it has provided the foundation for a series of decisions in which the Supreme Court has elevated the status of the states, often at the expense of federal power and in the face of previously settled assumptions. In this important volume, four prominent scholars--two historians and two law professors--examine carefully one of the central tenets in the Supreme Court's recent Tenth Amendment jurisprudence: the assumption that the results fashioned by a narrow majority are compelled by history and consistent with the intentions of the framers. They shed important new light on a series of decisions that mark a major change in our thinking about the nature of a constitutional system within which both the federal government and the states properly regard themselves as sovereign entities.
This is a print on demand edition of a hard to find publication. The lines of authority between states and the federal gov¿t. are, to a significant extent, defined by the U.S. Constitution and relevant case law. In recent years, however, the Supreme Court has decided a number of cases that would seem to re-evaluate this historical relationship. This report discusses state and federal legislative power, focusing on a number of these ¿federalism¿ cases. The report does not, however, address the larger policy issue of when it is appropriate ¿ as opposed to constitutionally permissible ¿ to exercise federal powers. Contents: Powers of the States; Powers of the Federal Gov¿t.; The Commerce Clause; The 14th Amendment; The 10th Amendment; 11th Amend. and State Sovereign Immunity; The Spending Clause; Conclusion.
Book Synopsis Federalism, State Sovereignty, and the Constitution by : Kenneth R. Thomas
Download or read book Federalism, State Sovereignty, and the Constitution written by Kenneth R. Thomas and published by DIANE Publishing. This book was released on 2011 with total page 29 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a print on demand edition of a hard to find publication. The lines of authority between states and the federal gov¿t. are, to a significant extent, defined by the U.S. Constitution and relevant case law. In recent years, however, the Supreme Court has decided a number of cases that would seem to re-evaluate this historical relationship. This report discusses state and federal legislative power, focusing on a number of these ¿federalism¿ cases. The report does not, however, address the larger policy issue of when it is appropriate ¿ as opposed to constitutionally permissible ¿ to exercise federal powers. Contents: Powers of the States; Powers of the Federal Gov¿t.; The Commerce Clause; The 14th Amendment; The 10th Amendment; 11th Amend. and State Sovereign Immunity; The Spending Clause; Conclusion.
Protecting sovereignty while advancing American interests in the global age Americans have long been protective of the country’s sovereignty—beginning when George Washington retired as president with the admonition for his successors to avoid “permanent” alliances with foreign powers. Ever since, the nation has faced persistent, often heated debates about how to maintain that sovereignty, and whether it is endangered when the United States enters international organizations, treaties, and alliances about which Washington warned. As the recent election made clear, sovereignty is also one of the most frequently invoked, polemical, and misunderstood concepts in politics—particularly American politics. The concept wields symbolic power, implying something sacred and inalienable: the right of the people to control their fate without subordination to outside authorities. Given its emotional pull, however, the concept is easily highjacked by political opportunists. By playing the sovereignty card, they can curtail more reasoned debates over the merits of proposed international commitments by portraying supporters of global treaties or organizations as enemies of motherhood and apple pie. Such polemics distract Americans from what is really at stake in the sovereignty debate: namely, the ability of the United States to shape its destiny in a global age. The United States cannot successfully manage globalization, much less insulate itself from cross-border threats, on its own. As global integration deepens and cross-border challenges grow, the nation’s fate is increasingly tied to that of other countries, whose cooperation will be needed to exploit the shared opportunities and mitigate the common risks of interdependence. The Sovereignty Wars is intended to help today's policymakers think more clearly about what is actually at stake in the sovereignty debate and to provide some criteria for determining when it is appropriate to make bargains over sovereignty—and how to make them.
Book Synopsis The Sovereignty Wars by : Stewart M. Patrick
Download or read book The Sovereignty Wars written by Stewart M. Patrick and published by Brookings Institution Press. This book was released on 2017-10-31 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: Protecting sovereignty while advancing American interests in the global age Americans have long been protective of the country’s sovereignty—beginning when George Washington retired as president with the admonition for his successors to avoid “permanent” alliances with foreign powers. Ever since, the nation has faced persistent, often heated debates about how to maintain that sovereignty, and whether it is endangered when the United States enters international organizations, treaties, and alliances about which Washington warned. As the recent election made clear, sovereignty is also one of the most frequently invoked, polemical, and misunderstood concepts in politics—particularly American politics. The concept wields symbolic power, implying something sacred and inalienable: the right of the people to control their fate without subordination to outside authorities. Given its emotional pull, however, the concept is easily highjacked by political opportunists. By playing the sovereignty card, they can curtail more reasoned debates over the merits of proposed international commitments by portraying supporters of global treaties or organizations as enemies of motherhood and apple pie. Such polemics distract Americans from what is really at stake in the sovereignty debate: namely, the ability of the United States to shape its destiny in a global age. The United States cannot successfully manage globalization, much less insulate itself from cross-border threats, on its own. As global integration deepens and cross-border challenges grow, the nation’s fate is increasingly tied to that of other countries, whose cooperation will be needed to exploit the shared opportunities and mitigate the common risks of interdependence. The Sovereignty Wars is intended to help today's policymakers think more clearly about what is actually at stake in the sovereignty debate and to provide some criteria for determining when it is appropriate to make bargains over sovereignty—and how to make them.
In this great American federalism republic land of ours, our founding fathers gave us the principles and judgment to create several autonomous and sovereign states. These autonomous and sovereign states were to form a more perfect union with an administrative central power. There have been a few members of the court that have truly interpreted these principles to the last ink drop of the constitution. And there have been others that have sought to interpret in their own words or of special interests and not the interests of the Framers of the Constitution.
Book Synopsis State Sovereignty by : Federico Lines
Download or read book State Sovereignty written by Federico Lines and published by . This book was released on 2020-09-23 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this great American federalism republic land of ours, our founding fathers gave us the principles and judgment to create several autonomous and sovereign states. These autonomous and sovereign states were to form a more perfect union with an administrative central power. There have been a few members of the court that have truly interpreted these principles to the last ink drop of the constitution. And there have been others that have sought to interpret in their own words or of special interests and not the interests of the Framers of the Constitution.
Are you unhappy about the intrusiveness of the federal government into you private and personal business? Are you interested in insulating your private and personal life from such intrusion? Then you need to understand the proper role your Union State is suppose to play in the structure of your Constitutional Republic, how that role has been subverted, and what can be done to get that essential role restored. Recently, there has been much talk about 'Liberty' and 'State Sovereignty' and the losses thereof. However, while it is encouraging to have these talking points make their way to the forefront of the main-stream, talk alone will accomplish nothing. The Reformation of Union State Sovereignty is an arsenal of well researched and well cited legal principals, as well as specific actions that can be taken in the battle to re-establish the Sovereignty of the Union States, and ultimately restore the cherished Liberties of We The People. "It can never be too often repeated that the time for fixing every essential right on a legal basis is while our rulers are honest, and ourselves united. From the conclusion of this [the Revolutionary] war we shall be going downhill. It will not then be necessary to resort every moment to the People for support. They will be forgotten, therefore, and their rights disregarded. They will forget themselves, but in the sole faculty of making money, and will never think of uniting to effect a due respect for their rights. The shackles, therefore, which shall not be knocked off at the conclusion of this war will remain on us long, will be made heavier, till our rights shall revive or expire in a convulsion." -Thomas Jefferson on the drafting of the Virginia State Constitution
Book Synopsis The Reformation of Union State Sovereignty by : M. Kenneth Creamer
Download or read book The Reformation of Union State Sovereignty written by M. Kenneth Creamer and published by iUniverse. This book was released on 2013-04 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are you unhappy about the intrusiveness of the federal government into you private and personal business? Are you interested in insulating your private and personal life from such intrusion? Then you need to understand the proper role your Union State is suppose to play in the structure of your Constitutional Republic, how that role has been subverted, and what can be done to get that essential role restored. Recently, there has been much talk about 'Liberty' and 'State Sovereignty' and the losses thereof. However, while it is encouraging to have these talking points make their way to the forefront of the main-stream, talk alone will accomplish nothing. The Reformation of Union State Sovereignty is an arsenal of well researched and well cited legal principals, as well as specific actions that can be taken in the battle to re-establish the Sovereignty of the Union States, and ultimately restore the cherished Liberties of We The People. "It can never be too often repeated that the time for fixing every essential right on a legal basis is while our rulers are honest, and ourselves united. From the conclusion of this [the Revolutionary] war we shall be going downhill. It will not then be necessary to resort every moment to the People for support. They will be forgotten, therefore, and their rights disregarded. They will forget themselves, but in the sole faculty of making money, and will never think of uniting to effect a due respect for their rights. The shackles, therefore, which shall not be knocked off at the conclusion of this war will remain on us long, will be made heavier, till our rights shall revive or expire in a convulsion." -Thomas Jefferson on the drafting of the Virginia State Constitution
Book Synopsis Admission of Utah by : George Ticknor Curtis
Download or read book Admission of Utah written by George Ticknor Curtis and published by . This book was released on 1887 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Beyond Autonomy forces readers to rethink the purpose of autonomy as a central organising pillar of federalism asking how modern federalism can be reimagined in the 21st Century.
Book Synopsis Beyond Autonomy by : Tracy B. Fenwick
Download or read book Beyond Autonomy written by Tracy B. Fenwick and published by BRILL. This book was released on 2021-03-01 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beyond Autonomy forces readers to rethink the purpose of autonomy as a central organising pillar of federalism asking how modern federalism can be reimagined in the 21st Century.
Preemption is a doctrine of American constitutional law, under which states and local governments are deprived of their power to act in a given area, whether or not the state or local law, rule or action is in direct conflict with federal law. This book covers not only the basics of preemption but also focuses on such topics as federal mechanisms for agency preemption, implied forms of preemption, and defensive use of federal preemption in civil litigation.
Book Synopsis Federal Preemption of State and Local Law by : James T. O'Reilly
Download or read book Federal Preemption of State and Local Law written by James T. O'Reilly and published by American Bar Association. This book was released on 2006 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preemption is a doctrine of American constitutional law, under which states and local governments are deprived of their power to act in a given area, whether or not the state or local law, rule or action is in direct conflict with federal law. This book covers not only the basics of preemption but also focuses on such topics as federal mechanisms for agency preemption, implied forms of preemption, and defensive use of federal preemption in civil litigation.
