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Andrew Jackson And The Constitution

Author: Gerard N. Magliocca
Publisher:
ISBN:
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Focuses on key Supreme Court battles during Jackson's tenure--states' rights, the status of Native Americans and slaves, and many others--to demonstrate how the fights between Jacksonian Democrats and Federalists, and later Republicans, is simply the inevitable--and cyclical--shift in constitutional interpretation that happens from one generation to the next.

Rethinking Presidential Constructions Of Constitutional Regimes

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Publisher: Stanford University
ISBN:
Size: 42.69 MB
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ABSTRACT This dissertation assesses the design and incentive structures that link the presidency to constitutional maintenance and renewal when extraordinary times occur, and posits that institutional power and historical context were priced into the presidency since its creation. This finding has robust implications for understanding the presidency's role in constitutional change, and in particular, the construction of constitutional regimes. Presidents are naturally drawn to the lure of constructing a constitutional regime by the nature of the office, as presidents want to constitutionalize their priorities from rival political interests in order to secure their legacy. Some fortunate presidents—aided by historical context—actually get the opportunity to do so. After providing a theory of the presidency's role within the constitutional order and its incentive structures, the study then builds upon these insights to construct a coherent model that assesses the dynamics between presidential leadership and historical context in the construction of constitutional regimes. The research finds that there exits an inverse relationship between the degree of constitutional change and the president's role in initiating it. The reason for this inverse dynamic is that extraordinary historical events crowd out the space typically reserved for executive leadership whenever they come to the fore. Conversely, the less extensive the degree of constitutional change, the greater that presidential leadership plays a role in the process. Reconstructive presidents are actually reactive at the level of constitutional politics despite the high praise political commentators offer to this most select group of presidents. Their presidencies' collective effects on constitutional change have been greatly aided—perhaps overwhelmingly destined for success at the constitutional level—due to exogenous factors beyond their control. The coalitional political shifts in electoral support seen during these transformative periods are just a by-product of massive historical events. Presidential leadership is important, but not in the actual initiation of the constitutional construction despite the institutional inclination of presidents to chart new paths. A reconstructive president chooses a set of principles, ideology, or commitments with which to define the content of the new regime in place, but his autonomy here is limited to providing a substantive constitutional vision, not the sort of initial decisive action typically associated with leadership efforts. If the analysis of presidents was confined to nameless, faceless institutional actors engaged in the quest for constitutional regime construction, the greatest difference between the efforts of similarly-situated presidents would be in the substantive content that each provided to his historic opportunity. Presidential greatness at the constitutional level would not be determined by unusual skill in turning a normal opportunity into a transformative one or in providing a constitutional opening where none was to be found. While the constitutional space opened by historical events crowds out the space for autonomous action by reconstructive presidents, the reverse is true for presidents with a more limited constitutional opening. Presidents constrained by contextual factors must exercise more extensive leadership skills in attempting any efforts to influence constitutional meaning. Since non-reconstructive presidents' openings are smaller, their efforts have to be much more exacting and tactical—even though their payoffs are irredeemably smaller than those of reconstructive presidents. Therefore, non-reconstructive presidents provide the elegance to the model of constitutional construction in that they show how presidential forays into constitutional politics exist within a continuum. Presidential leadership is more institutionally creative and, by necessity, more entrepreneurial, at the narrowest

The Madisonian Constitution

Author: George Thomas
Publisher: JHU Press
ISBN: 9781421403267
Size: 79.34 MB
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Engagingly written and soundly argued, this study clarifies and highlights the political origins of the nation's foundational document and argues that American constitutionalism is primarily about countervailing power not legal limits enforced by courts.

The Presidents And The Constitution

Author: Ken Gormley
Publisher: NYU Press
ISBN: 1479872075
Size: 31.59 MB
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Shines new light on America's brilliant constitutional and presidential history, from George Washington to Barack Obama. In this sweepingly ambitious volume, the nation’s foremost experts on the American presidency and the U.S. Constitution join together to tell the intertwined stories of how each American president has confronted and shaped the Constitution. Each occupant of the office—the first president to the forty-fourth—has contributed to the story of the Constitution through the decisions he made and the actions he took as the nation’s chief executive. By examining presidential history through the lens of constitutional conflicts and challenges, The Presidents and the Constitution offers a fresh perspective on how the Constitution has evolved in the hands of individual presidents. It delves into key moments in American history, from Washington’s early battles with Congress to the advent of the national security presidency under George W. Bush and Barack Obama, to reveal the dramatic historical forces that drove these presidents to action. Historians and legal experts, including Richard Ellis, Gary Hart, Stanley Kutler and Kenneth Starr, bring the Constitution to life, and show how the awesome powers of the American presidency have been shapes by the men who were granted them. The book brings to the fore the overarching constitutional themes that span this country’s history and ties together presidencies in a way never before accomplished.

The Oxford Handbook Of The U S Constitution

Author: Mark Tushnet
Publisher: Oxford University Press
ISBN: 0190245778
Size: 37.75 MB
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The Oxford Handbook of the U.S. Constitution offers a comprehensive overview and introduction to the U.S. Constitution from the perspectives of history, political science, law, rights, and constitutional themes, while focusing on its development, structures, rights, and role in the U.S. political system and culture. This Handbook enables readers within and beyond the U.S. to develop a critical comprehension of the literature on the Constitution, along with accessible and up-to-date analysis. The historical essays included in this Handbook cover the Constitution from 1620 right through the Reagan Revolution to the present. Essays on political science detail how contemporary citizens in the United States rely extensively on political parties, interest groups, and bureaucrats to operate a constitution designed to prevent the rise of parties, interest-group politics and an entrenched bureaucracy. The essays on law explore how contemporary citizens appear to expect and accept the exertions of power by a Supreme Court, whose members are increasingly disconnected from the world of practical politics. Essays on rights discuss how contemporary citizens living in a diverse multi-racial society seek guidance on the meaning of liberty and equality, from a Constitution designed for a society in which all politically relevant persons shared the same race, gender, religion and ethnicity. Lastly, the essays on themes explain how in a "globalized" world, people living in the United States can continue to be governed by a constitution originally meant for a society geographically separated from the rest of the "civilized world." Whether a return to the pristine constitutional institutions of the founding or a translation of these constitutional norms in the present is possible remains the central challenge of U.S. constitutionalism today.

Andrew Jackson In Context

Author: Matthew Warshauer
Publisher: Nova Science Pub Incorporated
ISBN:
Size: 35.23 MB
Format: PDF
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For over a century historians have been unable to agree about Andrew Jackson. Was he as Robert Remini has insisted for more than forty years a masterful politician who shaped the modern presidency and ushered in an era of new democratic politics? Or was he, as James C. Curtis and Andrew Burstein have argued, a loose cannon who possessed no vision for the American republic? What historians do not doubt is Jackson's significant and lasting impact on American politics and the nation. To fully assess his role and legacy, one must explore the interaction between his personal and political motivations and the larger developments of the early republic and antebellum period. In Andrew Jackson in Context, Matthew Warshauer, Professor of History at Central Connecticut State University and author of Andrew Jackson and the Politics of Martial Law, offers a detailed look at differing historians' views on Jackson and places these perspectives within an accessible biography of the seventh president. Warshauer insists that any study of Jackson must place him within the context of his time and that his motivations regarding such pivotal issues as economics and the preservation of the Union cannot be divorced from the very real and turbulent politics of the Jacksonian period. The author discounts the psychological driven theories of authors like Curtis and Burstein, though recognises that Jackson was often a vain, blustering, power-driven man who when he deemed it necessary had no qualms about violating the Constitution. This is an engaging, well-written biography that is perfect for students and those who want to understand not only Jackson and his era, but what historians have written about him.