The Kentucky State Constitution provides an outstanding constitutional and historical account of the state's governing charter. In addition to an overview of Kentucky's constitutional history, it provides an in-depth, section-by-section analysis of the entire constitution, detailing the many significant changes that have been made since its initial drafting, including a discussion of Kentucky's previous three constitutions. This treatment, along with a table of cases, index, and bibliographic essay, provides an unsurpassed reference guide for students, scholars, and practitioners of Kentucky's constitution.
The cornerstone of the American republic is an educated, active, and engaged citizenry; however, the multifaceted inner workings of government and the political forces that shape it are incredibly complex. Kentucky Government, Politics, and Public Policy is the first book in nearly three decades to provide a comprehensive overview of the commonwealth's major governing and political institutions and the public policy issues that profoundly affect Kentuckians' daily lives. In this groundbreaking volume, editors James C. Clinger and Michael W. Hail have assembled respected scholars from across the state to inform citizens about their governing institutions, the consequences of their policy choices, and the intricacies of the political process. They provide clear and authoritative information on Kentucky's government and explain significant trends and patterns, exploring the legacy of the state's political history and illuminating the contributions of influential Kentucky politicians such as Henry Clay, Abraham Lincoln, and Jefferson Davis. The contributors also address essential topics such as the structure and function of the three branches of government, the constitution, and federalism and intergovernmental relations, as well as administration, budgeting, and finance. They analyze key issues in education policy, economic and community development, and health care in great detail, explaining persistently controversial topics such as campaign finance, the cost of elections, ethics, and the oversight of regulatory agencies. From the executive branch to the legislature, from the court system to political parties, there is no better primer on government in the commonwealth.
In his first inaugural address, Abraham Lincoln declared that as president he would "have no lawful right" to interfere with the institution of slavery. Yet less than two years later, he issued a proclamation intended to free all slaves throughout the Confederate states. When critics challenged the constitutional soundness of the act, Lincoln pointed to the international laws and usages of war as the legal basis for his Proclamation, asserting that the Constitution invested the president "with the law of war in time of war." As the Civil War intensified, the Lincoln administration slowly and reluctantly accorded full belligerent rights to the Confederacy under the law of war. This included designating a prisoner of war status for captives, honoring flags of truce, and negotiating formal agreements for the exchange of prisoners -- practices that laid the intellectual foundations for emancipation. Once the United States allowed Confederates all the privileges of belligerents under international law, it followed that they should also suffer the disadvantages, including trial by military courts, seizure of property, and eventually the emancipation of slaves. Even after the Lincoln administration decided to apply the law of war, it was unclear whether state and federal courts would agree. After careful analysis, author Burrus M. Carnahan concludes that if the courts had decided that the proclamation was not justified, the result would have been the personal legal liability of thousands of Union officers to aggrieved slave owners. This argument offers further support to the notion that Lincoln's delay in issuing the Emancipation Proclamation was an exercise of political prudence, not a personal reluctance to free the slaves. In Act of Justice, Carnahan contends that Lincoln was no reluctant emancipator; he wrote a truly radical document that treated Confederate slaves as an oppressed people rather than merely as enemy property. In this respect, Lincoln's proclamation anticipated the psychological warfare tactics of the twentieth and twenty-first centuries. Carnahan's exploration of the president's war powers illuminates the origins of early debates about war powers and the Constitution and their link to international law.
Penny M. Miller takes a comprehensive approach to Kentucky politics and government. She uses the details of the state's political institutions and processes, its policy issues, and its place in national politics to demonstrate the tension between Kentucky's forces of change and its inertia. Since the Civil War, geographic, economic, and cultural factional divisions have dominated the struggle for progress in the Bluegrass state. Yet Kentucky is in a state of change, and its political institutions have undergone significant transformations in the last few decades. Miller points out that the state's judicial system, long one of the nation's least-altered, has recently become one of its most innovative; the educational system has undergone radical legislative reformation, trying to escape its near last-place national ranking. The legislative branch has gained more independence and autonomy, and its relationship to the executive branch has experienced an enormous readjustment. The state has emerged from its past stereotypes of bourbon, fast horses, burley tobacco, and coal mines. Some things endure, though--political corruption, voter apathy, and an aged constitution. This book, the only comprehensive study of politics and government in Kentucky, illuminates contemporary problems within their historical context and suggests how the state's institutions, policies, politics, and people will formulate the future of Kentucky.
Reclaiming the American Revolution examines the struggles for political ascendancy between Federalists and the Republicans in the early days of the American Republic. Watkins views the struggle through the lens of the Kentucky and Virginia Resolutions, charters written by Thomas Jefferson and James Madison respectively, that were responses to the Alien and Sedition Acts passed by Federalists that, among other things, made criticism of the federal government a crime. Viewing those acts as a threat to states' rights, as well as indicative of a national government that sought supreme power, the Resolutions restated the principles of the American Revolution and sought to return the nation to the tenets of the Constitution, in which rights for all were protected by checking the power of the national government.
The little understood yet great power of impeachment lodged in the Congress is dissected in this text through history by Raoul Berger, a leading scholar on the subject. He sheds new light on whether impeachment is limited to indictable crimes, on whether there is jurisdiction to impeach for misconduct outside office, and on whether impeachment must precede indictment. Berger also finds firm footing in contesting the views of one-time Judge Robert Bork and President Nixon's lawyer, James St Clair.
Explore the controversial legal history of the formation of the United States Prestatehood Legal Materials is your one-stop guide to the history and development of law in the U.S. and the change from territory to statehood. Unprecedented in its coverage of territorial government, this book identifies a wide range of available resources from each state to reveal the underlying legal principles that helped form the United States. In this unique publication, a state expert compiles each chapter using his or her own style, culminating in a diverse sourcebook that is interesting as well as informative. In Prestatehood Legal Materials, you will find bibliographies, references, and discussion on a varied list of source materials, including: state codes drafted by Congress county, state, and national archives journals and digests state and federal reports, citations, surveys, and studies books, manuscripts, papers, speeches, and theses town and city records and documents Web sites to help your search for more information and more Prestatehood Legal Materials provides you with brief overviews of state histories from colonization to acceptance into the United States. In this book, you will see how foreign countries controlled the laws of these territories and how these states eventually broke away to govern themselves. The text also covers the legal issues with Native Americans, inter-state and the Mexico and Canadian borders, and the development of the executive, legislative, and judicial branches of state government. This guide focuses on materials that are readily available to historians, political scientists, legal scholars, and researchers. Resources that assist in locating not-so-easily accessible materials are also covered. Special sections focus on the legal resources of colonial New York City and Washington, DC—which is still technically in its prestatehood stage. Due to the enormity of this project, the editor of Prestatehood Legal Materials created a Web page where updates, corrections, additions and more will be posted.
