This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.
The Congressional Record is the official record of the proceedings and debates of the United States Congress. It is published daily when Congress is in session. The Congressional Record began publication in 1873. Debates for sessions prior to 1873 are recorded in The Debates and Proceedings in the Congress of the United States (1789-1824), the Register of Debates in Congress (1824-1837), and the Congressional Globe (1833-1873)
The Politics of Presidential Impeachment takes a distinctive and fresh look at the impeachment provision of the US Constitution. Instead of studying it from a legal-constitutional perspective, the authors use a social science approach incorporating extensive case studies and quantitative analysis. Focusing on four presidents who faced impeachment processes—Andrew Johnson, Richard Nixon, Ronald Reagan, and Bill Clinton—they examine the conditions under which presidential impeachment is likely to occur and argue that partisanship and the evolving relationship between Congress and the president determine its effectiveness as an institutional constraint. They find that, in our contemporary political context, the propensity of Congress to utilize the impeachment tool is more likely, but given the state of heightened partisanship, impeachment is less likely to result in removal of a president. The authors conclude that impeachment is no longer a credible threat and thus no longer an effective tool in the arsenal of checks and balances. The book also offers a postscript that discusses the impeachment of President Donald J. Trump.
Michael Gerhard examines the likely political and constitutional consequences of President Clinton's impeachment and trial. Placing the President's acquittal in historical perspective he argues that it is consistent with the process as it has evolved over the last two centuries.
ONE OF THE BEST BOOKS OF THE YEAR: Jennifer Szalai, The New York Times; The New York Times Book Review; NPR; Publishers Weekly “This absorbing and important book recounts the titanic struggle over the implications of the Civil War amid the impeachment of a defiant and temperamentally erratic American president.”—Jon Meacham, Pulitzer Prize–winning author of The Soul of America When Abraham Lincoln was assassinated and Vice-President Andrew Johnson became “the Accidental President,” it was a dangerous time in America. Congress was divided over how the Union should be reunited: when and how the secessionist South should regain full status, whether former Confederates should be punished, and when and whether black men should be given the vote. Devastated by war and resorting to violence, many white Southerners hoped to restore a pre–Civil War society, if without slavery, and the pugnacious Andrew Johnson seemed to share their goals. With the unchecked power of executive orders, Johnson ignored Congress, pardoned rebel leaders, promoted white supremacy, opposed civil rights, and called Reconstruction unnecessary. It fell to Congress to stop the American president who acted like a king. With profound insights and making use of extensive research, Brenda Wineapple dramatically evokes this pivotal period in American history, when the country was rocked by the first-ever impeachment of a sitting American president. And she brings to vivid life the extraordinary characters who brought that impeachment forward: the willful Johnson and his retinue of advocates—including complicated men like Secretary of State William Seward—as well as the equally complicated visionaries committed to justice and equality for all, like Thaddeus Stevens, Charles Sumner, Frederick Douglass, and Ulysses S. Grant. Theirs was a last-ditch, patriotic, and Constitutional effort to render the goals of the Civil War into reality and to make the Union free, fair, and whole. Praise for The Impeachers “In this superbly lyrical work, Brenda Wineapple has plugged a glaring hole in our historical memory through her vivid and sweeping portrayal of President Andrew Johnson’s 1868 impeachment. She serves up not simply food for thought but a veritable feast of observations on that most trying decision for a democracy: whether to oust a sitting president. Teeming with fiery passions and unforgettable characters, The Impeachers will be devoured by contemporary readers seeking enlightenment on this issue. . . . A landmark study.”—Ron Chernow, Pulitzer Prize–winning author of Grant
Most everyone, voters, political scientists, even lawmakers, think Congress is dysfunctional. Instead of solving problems, Democrats and Republicans spend their time playing politics. These days Capitol Hill seems more a place to bicker, not to pass laws. The reality is more complicated. Yes, sometimes Congress is broken. But sometimes it is productive. What explains this variation? Why do Democrats and Republicans choose to legislate or score political points? And why do some issues become so politicized they devolve into partisan warfare, while others remain safe for compromise? Losing to Win answers these questions through a novel theory of agenda-setting. Unlike other research that studies bills that become law, Jeremy Gelman begins from the opposite perspective. He studies why majority parties knowingly take up dead-on-arrival (DOA) bills, the ideas everyone knows are going to lose. In doing so, he argues that congressional parties’ decisions to play politics instead of compromising, and the topics on which they choose to bicker, are strategic and predictable. Gelman finds that legislative dysfunction arises from a mutually beneficial relationship between a majority party in Congress, which is trying to win unified government, and its allied interest groups, which are trying to enact their policies. He also challenges the conventional wisdom that DOA legislation is political theater. By tracking bills over time, Gelman shows that some former dead-on-arrival ideas eventually become law. In this way, ideas viewed as too extreme or partisan today can produce long-lasting future policy changes. Through his analysis, Gelman provides an original explanation for why both parties pursue the partisan bickering that voters find so frustrating. He moves beyond conventional arguments that our discordant politics are merely the result of political polarization. Instead, he closely examines the specific circumstances that give rise to legislative dysfunction. The result is a fresh, straightforward perspective on the question we have all asked at some point, “Why can’t Democrats and Republicans stop fighting and just get something done?”
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.
Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.