Themes and Issues in the Constitutional Process for a New Western Territory

Themes and Issues in the Constitutional Process for a New Western Territory

Author:

Publisher:

Published: 1994

Total Pages: 35

ISBN-13:

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During 1993, the Aboriginal organizations, tax-based municipalities, and women's organizations of the Constitutional Development Steering Committee undertook research on how self-government can be accommodated in a new constitution and government structure for the new western territory to be formed in the western Northwest Territories. This document summarizes the major issues arising from those groups' research reports under five main themes: the process of forming a constitution and new government structure; principles of the constitution and government institutions; structures and roles of central, community, regional, and Aboriginal governing institutions; governmental powers; and representation in government.


Territory and Power in Constitutional Transitions

Territory and Power in Constitutional Transitions

Author: George Anderson

Publisher: Oxford University Press

Published: 2019-03-07

Total Pages: 464

ISBN-13: 0192573616

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This collection of essays surveys the full range of challenges that territorial conflicts pose for constitution-making processes and constitutional design. It provides seventeen in-depth case studies of countries going through periods of intense constitutional engagement in a variety of contexts: small distinct territories, bi-communal countries, highly diverse countries with many politically salient regions, and countries where territorial politics is important but secondary to other bases for political mobilization. Specific examples are drawn from Iraq, Kenya, Cyprus, Nigeria, South Africa, Sri Lanka, the UK (Scotland), Ukraine, Bolivia, India, Spain, Yemen, Nepal, Ethiopia, Indonesia (Aceh), the Philippines (Mindanao), and Bosnia-Herzegovina. While the volume draws significant normative conclusions, it is based on a realist view of the complexity of territorial and other political cleavages (the country's "political geometry"), and the power configurations that lead into periods of constitutional engagement. Thematic chapters on constitution-making processes and constitutional design draw original conclusions from the comparative analysis of the case studies and relate these to the existing literature, both in political science and comparative constitutional law. This volume is essential reading for scholars of federalism, consociational power-sharing arrangements, asymmetrical devolution, and devolution more generally. The combination of in-depth case studies and broad thematic analysis allows for analytical and normative conclusions that will be of major relevance to practitioners and advisors engaged in constitutional design.


A Slaveholders' Union

A Slaveholders' Union

Author: George William Van Cleve

Publisher: University of Chicago Press

Published: 2010-10-15

Total Pages: 403

ISBN-13: 0226846695

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After its early introduction into the English colonies in North America, slavery in the United States lasted as a legal institution until the passage of the Thirteenth Amendment to the Constitution in 1865. But increasingly during the contested politics of the early republic, abolitionists cried out that the Constitution itself was a slaveowners’ document, produced to protect and further their rights. A Slaveholders’ Union furthers this unsettling claim by demonstrating once and for all that slavery was indeed an essential part of the foundation of the nascent republic. In this powerful book, George William Van Cleve demonstrates that the Constitution was pro-slavery in its politics, its economics, and its law. He convincingly shows that the Constitutional provisions protecting slavery were much more than mere “political” compromises—they were integral to the principles of the new nation. By the late 1780s, a majority of Americans wanted to create a strong federal republic that would be capable of expanding into a continental empire. In order for America to become an empire on such a scale, Van Cleve argues, the Southern states had to be willing partners in the endeavor, and the cost of their allegiance was the deliberate long-term protection of slavery by America’s leaders through the nation’s early expansion. Reconsidering the role played by the gradual abolition of slavery in the North, Van Cleve also shows that abolition there was much less progressive in its origins—and had much less influence on slavery’s expansion—than previously thought. Deftly interweaving historical and political analyses, A Slaveholders’ Union will likely become the definitive explanation of slavery’s persistence and growth—and of its influence on American constitutional development—from the Revolutionary War through the Missouri Compromise of 1821.


The Articles of Confederation

The Articles of Confederation

Author: Merrill Jensen

Publisher: Univ of Wisconsin Press

Published: 1940

Total Pages: 318

ISBN-13: 9780299002046

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"Here is a book which deals with clashes between economic and political factors in the American Revolution as realistically as if its author were dealing with a presidential election."--Social Studies "An admirable analysis. It presents, in succinct form, the results of a generation of study of this chapter of our history and summarizes fairly the conclusions of that study."--Henry Steele Commager, New York Times Book Review


Does the Constitution Follow the Flag?

Does the Constitution Follow the Flag?

Author: Kal Raustiala

Publisher: Oxford University Press

Published: 2009-06-18

Total Pages: 326

ISBN-13: 0199719586

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The Bush Administration has notoriously argued that detainees at Guantanamo do not enjoy constitutional rights because they are held outside American borders. But where do rules about territorial legal limits such as this one come from? Why does geography make a difference for what legal rules apply? Most people intuitively understand that location affects constitutional rights, but the legal and political basis for territorial jurisdiction is poorly understood. In this novel and accessible treatment of territoriality in American law and foreign policy, Kal Raustiala begins by tracing the history of the subject from its origins in post-revolutionary America to the Indian wars and overseas imperialism of the 19th century. He then takes the reader through the Cold War and the globalization era before closing with a powerful explanation of America's attempt to increase its extraterritorial power in the post-9/11 world. As American power has grown, our understanding of extraterritorial legal rights has expanded too, and Raustiala illuminates why America's assumptions about sovereignty and territory have changed. Throughout, he focuses on how the legal limits of territorial sovereignty have diminished to accommodate the expanding American empire, and addresses how such limits ought to look in the wake of Iraq, Afghanistan, and the war on terror. A timely and engaging narrative, Does the Constitution Follow the Flag? will change how we think about American territory, American law, and-ultimately-the changing nature of American power.


American Creation

American Creation

Author: Joseph J. Ellis

Publisher: Vintage

Published: 2007-10-30

Total Pages: 305

ISBN-13: 0307267741

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From the first shots fired at Lexington to the signing of the Declaration of Independence to the negotiations for the Louisiana Purchase, Joseph J. Ellis guides us through the decisive issues of the nation’s founding, and illuminates the emerging philosophies, shifting alliances, and personal and political foibles of our now iconic leaders–Washington, Jefferson, Madison, Hamilton, and Adams. He casts an incisive eye on the founders’ achievements, arguing that the American Revolution was, paradoxically, an evolution–and that part of what made it so extraordinary was the gradual pace at which it occurred. He explains how the idea of a strong federal government was eventually embraced by the American people, and details the emergence of the two-party system, which stands as the founders’ most enduring legacy. Ellis is equally incisive about their failures, and he makes clear how their inability to abolish slavery and to reach a just settlement with the Native Americans has played an equally important role in shaping our national character. With eloquence and insight, Ellis strips the mythic veneer of the revolutionary generation to reveal men both human and inspired, possessed of both brilliance and blindness. American Creation is an audiobook that delineates an era of flawed greatness, at a time when understanding our origins is more important than ever.


The U.S. Congress

The U.S. Congress

Author: Donald A. Ritchie

Publisher: Oxford University Press

Published: 2016

Total Pages: 169

ISBN-13: 019028014X

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In the second edition of The U.S. Congress, Donald A. Ritchie, a congressional historian for more than thirty years, takes readers on a fascinating, behind-the-scenes tour of Capitol Hill, pointing out the key players, explaining their behavior, and translating parliamentary language into plain English. No mere civics lesson, this eye-opening book provides an insider's perspective on Congress, matched with a professional historian's analytical insight. After a swift survey of the creation of Congress by the constitutional convention, he begins to unscrew the nuts and pull out the bolts. What is it like to campaign for Congress? To attract large donors? To enter either house with no seniority? He answers these questions and more, explaining committee assignments and committee work, the role of staffers and lobbyists, floor proceedings, parliamentary rules, and coalition building. Ritchie explores the great effort put into constituent service-as representatives and senators respond to requests from groups and individuals-as well as media relations and news coverage. He also explores how the grand concepts we all know from civics class--checks and balances, advise and consent, congressional oversight--work in practice in an age of strong presidents and a muscular Senate minority.