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The Judicial Power Of The Purse

Author: Nancy Staudt
Publisher: University of Chicago Press
ISBN: 0226771148
Size: 30.11 MB
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Congress and the president are not the only branches that deal with fiscal issues in times of war. In this innovative book, Nancy Staudt focuses on the role of federal courts in fiscal matters during warfare and high-cost national defense emergencies. There is, she argues, a judicial power of the purse that becomes evident upon examining the budgetary effects of judicial decision making. The book provides substantial evidence that judges are willing—maybe even eager—to redirect private monies into government hands when the country is in peril, but when the judges receive convincing cues that ongoing wartime activities undermine the nation’s interests, they are more likely to withhold funds from the government by deciding cases in favor of private individuals and entities who show up in court. In stark contrast with conventional legal, political, and institutional thought that privileges factors associated with individual preferences, The Judicial Power of the Purse sheds light on environmental factors in judicial decision making and will be an excellent read for students of judicial behavior in political science and law.

The American Warfare State

Author: Rebecca U. Thorpe
Publisher: University of Chicago Press
ISBN: 022612410X
Size: 41.35 MB
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How is it that the United States—a country founded on a distrust of standing armies and strong centralized power—came to have the most powerful military in history? Long after World War II and the end of the Cold War, in times of rising national debt and reduced need for high levels of military readiness, why does Congress still continue to support massive defense budgets? In The American Warfare State, Rebecca U. Thorpe argues that there are profound relationships among the size and persistence of the American military complex, the growth in presidential power to launch military actions, and the decline of congressional willingness to check this power. The public costs of military mobilization and war, including the need for conscription and higher tax rates, served as political constraints on warfare for most of American history. But the vast defense industry that emerged from World War II also created new political interests that the framers of the Constitution did not anticipate. Many rural and semirural areas became economically reliant on defense-sector jobs and capital, which gave the legislators representing them powerful incentives to press for ongoing defense spending regardless of national security circumstances or goals. At the same time, the costs of war are now borne overwhelmingly by a minority of soldiers who volunteer to fight, future generations of taxpayers, and foreign populations in whose lands wars often take place. Drawing on an impressive cache of data, Thorpe reveals how this new incentive structure has profoundly reshaped the balance of wartime powers between Congress and the president, resulting in a defense industry perennially poised for war and an executive branch that enjoys unprecedented discretion to take military action.

Organizing Democracy

Author: Paul Poast
Publisher: University of Chicago Press
ISBN: 022654351X
Size: 59.84 MB
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In the past twenty-five years, a number of countries have made the transition to democracy. The support of international organizations is essential to success on this difficult path. Yet, despite extensive research into the relationship between democratic transitions and membership in international organizations, the mechanisms underlying the relationship remain unclear. With Organizing Democracy, Paul Poast and Johannes Urpelainen argue that leaders of transitional democracies often have to draw on the support of international organizations to provide the public goods and expertise needed to consolidate democratic rule. Looking at the Baltic states’ accession to NATO, Poast and Urpelainen provide a compelling and statistically rigorous account of the sorts of support transitional democracies draw from international institutions. They also show that, in many cases, the leaders of new democracies must actually create new international organizations to better serve their needs, since they may not qualify for help from existing ones.

Democracy And Trade Policy In Developing Countries

Author: Bumba Mukherjee
Publisher: University of Chicago Press
ISBN: 022635895X
Size: 57.81 MB
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Since the 1970s, two major trends have emerged among developing countries: the rise of new democracies and the rush to free trade. For some, the confluence of these events suggests that a free-market economy complements a fledgling democracy. Others argue that the two are inherently incompatible and that exposure to economic globalization actually jeopardizes new democracies. Which view is correct? Bumba Mukherjee argues that the reality of how democracy and trade policy unravel in developing countries is more nuanced than either account. Mukherjee offers the first comprehensive cross-national framework for identifying the specific economic conditions that influence trade policy in developing countries. Laying out the causes of variation in trade policy in four developing or recently developed countries—Brazil, India, Indonesia, and South Africa—he argues persuasively that changing political interactions among parties, party leaders, and the labor market are often key to trade policy outcome. For instance, if workers are in a position to benefit from opening up to trade, party leaders in turn support trade reforms by decreasing tariffs and other trade barriers. At a time when discussions about the stability of new democracies are at the forefront, Democracy and Trade Policy in Developing Countries provides invaluable insight into the conditions needed for a democracy to survive in the developing world in the context of globalization.

Hamilton S Paradox

Author: Jonathan Rodden
Publisher: Cambridge University Press
ISBN: 9780521603669
Size: 20.63 MB
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As new federations take shape and old ones are revived around the world, a difficult challenge is to create incentives for fiscal discipline. By combining theory, quantitative analysis, and historical and contemporary case studies, this book lays out the first systematic explanation of why decentralized countries have had dramatically different fiscal experiences. It provides insights into current policy debates from Latin America to the European Union, and a new perspective on a tension between the promise and peril of federalism that has characterized the literature since The Federalist Papers.

Securing Approval

Author: Terrence L. Chapman
Publisher: University of Chicago Press
ISBN: 0226101258
Size: 49.90 MB
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Among the most momentous decisions that leaders of a state are called upon to make is whether or not to initiate warfare. How their military will fare against the opponent may be the first consideration, but not far behind are concerns about domestic political response and the reaction of the international community. Securing Approval makes clear the relationship between these two seemingly distinct concerns, demonstrating how multilateral security organizations like the UN influence foreign policy through public opinion without ever exercising direct enforcement power. While UN approval of a proposed action often bolsters public support, its refusal of endorsement may conversely send a strong signal to domestic audiences that the action will be exceedingly costly or overly aggressive. With a cogent theoretical and empirical argument, Terrence L. Chapman provides new evidence for how multilateral organizations matter in security affairs as well as a new way of thinking about the design and function of these institutions.

The Wartime President

Author: William G. Howell
Publisher: University of Chicago Press
ISBN: 022604842X
Size: 57.80 MB
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“It is the nature of war to increase the executive at the expense of the legislative authority,” wrote Alexander Hamilton in the Federalist Papers. The balance of power between Congress and the president has been a powerful thread throughout American political thought since the time of the Founding Fathers. And yet, for all that has been written on the topic, we still lack a solid empirical or theoretical justification for Hamilton’s proposition. For the first time, William G. Howell, Saul P. Jackman, and Jon C. Rogowski systematically analyze the question. Congress, they show, is more likely to defer to the president’s policy preferences when political debates center on national rather than local considerations. Thus, World War II and the post-9/11 wars in Afghanistan and Iraq significantly augmented presidential power, allowing the president to enact foreign and domestic policies that would have been unattainable in times of peace. But, contrary to popular belief, there are also times when war has little effect on a president’s influence in Congress. The Vietnam and Gulf Wars, for instance, did not nationalize our politics nearly so much, and presidential influence expanded only moderately. Built on groundbreaking research, The Wartime President offers one of the most significant works ever written on the wartime powers presidents wield at home.

The Powers Of War And Peace

Author: John Yoo
Publisher: University of Chicago Press
ISBN: 0226960331
Size: 63.59 MB
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Since the September 11 attacks on the United States, the Bush administration has come under fire for its methods of combating terrorism. Waging war against al Qaeda has proven to be a legal quagmire, with critics claiming that the administration's response in Afghanistan and Iraq is unconstitutional. The war on terror—and, in a larger sense, the administration's decision to withdraw from the ABM Treaty and the Kyoto accords—has many wondering whether the constitutional framework for making foreign affairs decisions has been discarded by the present administration. John Yoo, formerly a lawyer in the Department of Justice, here makes the case for a completely new approach to understanding what the Constitution says about foreign affairs, particularly the powers of war and peace. Looking to American history, Yoo points out that from Truman and Korea to Clinton's intervention in Kosovo, American presidents have had to act decisively on the world stage without a declaration of war. They are able to do so, Yoo argues, because the Constitution grants the president, Congress, and the courts very different powers, requiring them to negotiate the country's foreign policy. Yoo roots his controversial analysis in a brilliant reconstruction of the original understanding of the foreign affairs power and supplements it with arguments based on constitutional text, structure, and history. Accessibly blending historical arguments with current policy debates, The Powers of War and Peace will no doubt be hotly debated. And while the questions it addresses are as old and fundamental as the Constitution itself, America's response to the September 11 attacks has renewed them with even greater force and urgency. “Can the president of the United States do whatever he likes in wartime without oversight from Congress or the courts? This year, the issue came to a head as the Bush administration struggled to maintain its aggressive approach to the detention and interrogation of suspected enemy combatants in the war on terrorism. But this was also the year that the administration’s claims about presidential supremacy received their most sustained intellectual defense [in] The Powers of War and Peace.”—Jeffrey Rosen, New York Times “Yoo’s theory promotes frank discussion of the national interest and makes it harder for politicians to parade policy conflicts as constitutional crises. Most important, Yoo’s approach offers a way to renew our political system’s democratic vigor.”—David B. Rivkin Jr. and Carlos Ramos-Mrosovsky, National Review

After The Rubicon

Author: Douglas L. Kriner
Publisher: University of Chicago Press
ISBN: 0226453561
Size: 20.42 MB
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When the United States goes to war, the nation’s attention focuses on the president. As commander in chief, a president reaches the zenith of power, while Congress is supposedly shunted to the sidelines once troops have been deployed abroad. Because of Congress’s repeated failure to exercise its legislative powers to rein in presidents, many have proclaimed its irrelevance in military matters. After the Rubicon challenges this conventional wisdom by illuminating the diverse ways in which legislators influence the conduct of military affairs. Douglas L. Kriner reveals that even in politically sensitive wartime environments, individual members of Congress frequently propose legislation, hold investigative hearings, and engage in national policy debates in the public sphere. These actions influence the president’s strategic decisions as he weighs the political costs of pursuing his preferred military course. Marshalling a wealth of quantitative and historical evidence, Kriner expertly demonstrates the full extent to which Congress materially shapes the initiation, scope, and duration of major military actions and sheds new light on the timely issue of interbranch relations.

Legitimacy And International Courts

Author: Harlan Grant Cohen
Publisher: Cambridge University Press
ISBN: 110842385X
Size: 26.19 MB
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An interdisciplinary volume exploring the concept of legitimacy in relation to international courts and what can drive and weaken it.