As diverse as the papers presented in this volume may seem at first glance, all of them touch on two characteristic themes of James Buchanan's work: the respect for individual sovereignty and the threat of monopoly power on the rights of ...
Author: James M. Buchanan
Category: Political Science
As diverse as the papers presented in this volume may seem at first glance, all of them touch on two characteristic themes of James Buchanan’s work: the respect for individual sovereignty and the threat of monopoly power on the rights of the individual. In his foreword, Hartmut Kliemt says, "As opposed to more extreme and more utopian libertarians, [Buchanan] well understands that in our world it takes a state to defend the individual from the state. Buchanan, therefore, is not an anarchist but, rather, what may be called a 'reluctant anarchist’ who accepts both that the state is the greatest threat to individual sovereignty and that without some statelike monopoly, individual sovereignty cannot be protected.” The twenty-six essays included in Federalism, Liberty, and the Law are grouped into these categories: 1.The Analytics of Federalism 2.Federalism and Freedom 3.Liberty, Man, and the State 4.The Constitution of Markets 5.Economists, Efficiency, and the Law 6.Law, Money, and Crime The central issue that unites the pieces in this volume is monopoly power and its control. As a libertarian, Buchanan sees government as the greatest threat--and also the greatest protector--of individual liberties. James M. Buchanan is an eminent economist who won the Alfred Nobel Memorial Prize in Economic Sciences in 1986 and is considered one of the greatest scholars of liberty in the twentieth century. The entire series will include: Volume 1: The Logical Foundations of Constitutional Liberty Volume 2: Public Principles of Public Debt Volume 3: The Calculus of Consent Volume 4: Public Finance in Democratic Process Volume 5: The Demand and Supply of Public Goods Volume 6: Cost and Choice Volume 7: The Limits of Liberty Volume 8: Democracy in Deficit Volume 9: The Power to Tax Volume 10: The Reason of Rules Volume 11: Politics by Principle, Not Interest Volume 12: Economic Inquiry and Its Logic Volume 13: Politics as Public Choice Volume 14: Debt and Taxes Volume 15: Externalities and Public Expenditure Theory Volume 16: Choice, Contract, and Constitutions Volume 17: Moral Science and Moral Order Volume 18: Federalism, Liberty, and the Law Volume 19: Ideas, Persons, and Events Volume 20: Indexes
Montesquieu , The Spirit of Laws [ sic ] , ed . David Wallace Carrithers ( Berkeley :
University of California Press , 1977 ) , 215 – 17 . For the French philosopher
Jean Louis De Lolme , see Salvemini , “ The Concepts of Democracy and Liberty
Author: John M. Murrin
Publisher: Texas A & M University Press
These essays offer new interpretations of the origins of American federalism and the meaning of liberty in American political culture. Peter S. Onuf's introduction examines the historiography of the Constitution--the ways in which distinct schools of historians have interpreted the formation of the federal system. He explains how the essays contribute to this scholarly debate and notes that the present-day concern with "original intent" is a misleading approach to the Constitution. Rather than trying to achieve miraculous solutions to deep-seated social and political problems, the founding fathers instead agreed to compromises that sanctioned future conflict within the bounds of law. Writing on the origins of American federalism, John M. Murrin argues that the founding fathers' greatest achievement was balancing federal authority with states' rights, a "conceptual breakthrough" that allowed the founders to resolve issues that had previously led to the American revolt against Great Britain and the collapse of the Articles of Confederation. David E. Narrett analyzes Anti-Federalist opposition to the Constitution in New York State, telling why Anti-Federalist efforts to restrict the government's taxing power and to alter the system of representation in Congress failed. Thomas Jefferson was in Paris when the Constitution was being drafted. Ronald L. Hatzenbuehler writes in his revisionist essay that Jefferson's attitude toward the Constitution was not dictated by his response to events in prerevolutionary France but rather by American political developments, such as Shay's Rebellion. Michael Kammen concludes the book by probing the character and history of liberty as a constitutional concept. American society today faces complex issues unimagined two centuries ago. An understanding of the origins and development of the Constitution is necessary if we wish to preserve liberty for future generations. This volume is a contribution toward that goal.
LAW & LIBERTY THE ANTI - FEDERALIST TRADITION IN NINETEENTH -
CENTURY TAKINGS JURISPRUDENCE Daniel J . Hulsebosch * One of the few
truths about American takings jurisprudence is that it defies generalization . Legal
See generally Ellis Katz and G. Alan Tarr, eds., Federalism and Rights (Lanham,
M.D.: Rowman and Littlefield, 1996); Michael E. Solimine and James L. Walker, " Federalism, Liberty and State Constitutional Law," Ohio Northern University Law
Author: George Alan Tarr
Publisher: Greenwood Publishing Group
Look comparatively at the contributions of federalism and subnational constitutions to safeguarding minority rights and provides some of the first English-language studies of subnational constitutions outside of the United States.
... James ( 2001 ) , Federalism , Liberty and the Law ( Collected Works ) vol . 18 .
Indianapolis . Liberty Fund . 12 . U . S . Library of Congress , “ Nigeria -
Federalism " , in Country Studies , http : / / www . countrystudies . us / Nigeria / 77
. htm 13 .
made a societal judgment about the nature of liberty in the context of race and
public life . Thus , liberty has a socially contingent quality . A federalism that
preserves and increases human liberty is one that secures for states power to act
( or ...
Hans A . Linde , Does the “ New Federalism " Have a Future ? , 4 EMERGING
ISSUES IN ST . CONST . ... Michael E . Solimine & James L . Walker Federalism , Liberty and State Constitutional Law , 23 OHIO N . U . L . REV . 1457 ( 1997 ) .
Professors Allen and Lloyd recount the concern expressed by Agrippa ; see Antifederalist , supra note 26 , p . 45 . ... ( 1989 ) ; Allen , The Federalist ' s Plain
Meaning : Reply to Tushnet , 61 South Carolina Law Review 1701 , 1712 - 13 (
1988 ) .
Author: Kenneth L. Grasso
Publisher: University Press of Amer
In recent decades, we have witnessed the emergence of ongoing public arguments about the intellectual and cultural foundations of our constitutional system; the norms governing constitutional interpretation and the proper role of the judiciary in this system; and the proper interpretation of certain key provisions of our fundamental law.
" "This second edition includes the most current legislative and Supreme Court. decisions affecting constitutional law on subjects including the separation of powers, the role of the executive, executive privilege, impeachment, ...
Author: Thomas Lundmark
Publisher: Oxford University Press on Demand
This book provides a coherent, readily accessible analysis of the tensions inherent in American constitutional law between the governing body and the governed. Combining extensive analysis with text from seminal Supreme Court decisions, each chapter examines different components of constitutional law. It has been updated to include the most current legislative and Supreme Court decisions affecting constitutional law.Part One examines the structure of the federal government of the United States, focusing on the core principles of separation of powers and federalism. Part Two presents an overview of the constitutional rights of U.S. citizens. For ease of understanding, these are divided into liberty and equality rights. A thorough review for students of constitutional law as well as a systematic reference for lawyers and scholars, Power & Rights in U.S. Constitutional Law is an invaluable guide to the delicate balance between governmental power and the constitutional rights of individual citizens.
L . 18 ( 1991 ) ( same ) ; Barry Latzer , The Hidden Conservatism of the State
Court “ Revolution " , 74 JUDICATURE 190 ( 1991 ) ( same ) ; Solimine & Walker , Federalism , Liberty , and State Constitutional Law , supra note 138 , at 1467 ...
Author: Robert Charles VipondPublish On: 1991-01-01
This book examines the competing visions of liberty and community in Canada.
Author: Robert Charles Vipond
Publisher: SUNY Press
Category: Political Science
This book examines the competing visions of liberty and community in Canada. Focusing attention on constitutional debate in Ontario after the Confederation of 1867, the author shows how the defenders of provincial autonomy constructed a powerful political and legal ideology that attempted to reconcile liberty and community.
A major source of judicial conservatism lay in what Harold M . Hyman has
identified as state - based federalism , which posits complementary roles for the
federal and state governments ( Harold M . Hyman , A More Perfect Union : The
Author: William M. Wiecek
Publisher: American Moment
Liberty under Law is a concise and readable history of the U.S. Supreme Court, from its antecedents in colonial and British legal tradition to the present.
In The Collected Works of James M. Buchanan, Volume 18: Federalism, Liberty, and the Law. Indianapolis, IN: Liberty Fund. Buchanan, James M. 1991 (1999). “
The Foundations for Normative Individualism.” In The Collected Works of James ...
Author: Paul Dragos Aligica
Publisher: Oxford University Press
Category: Business & Economics
Classical liberalism entails not only a theory about the scope of government and its relationship with the market but also a distinct view about how government should operate within its proper domain of public choices in non-market settings. Building on the political economy principles underpinning the works of diverse authors such as Friedrich Hayek, James Buchanan and Vincent and Elinor Ostrom, this book challenges the technocratic-epistocratic perspective in which social goals are defined by an aggregated social function and experts simply provide the means to attain them. The authors argue that individualism, freedom of choice, and freedom of association have deep implications on how we design, manage and assess our public governance arrangements. The book examines the knowledge and incentive problems associated with bureaucratic public administration while contrasting it with democratic governance. Aligica, Boettke, and Tarko argue that the focus should be on the diversity of opinions in any society regarding "what should be done" and on the design of democratic and polycentric institutions capable of limiting social conflicts and satisfying the preferences of as many people as possible. They thus fill a large gap in the literature, the public discourse, and the ways decision makers understand the nature and administration of the public sector.
Indeed , Professor Chemerinsky has observed that " one of the most frequently
advanced justifications for federalism is that the division of power between
federal and state governments advances liberty . " * Federalism , in other words ,
... Federalism , Liberty , and State Constitutional Law , 23 OHIO N . U . L . REV .
1457 , 1468 ( 1997 ) ( " Whatever may have been true in the past , in this century
it is unrealistic to contend that each state has a distinctive political or social
4 1 . David McKay, Designing Europe: Comparative Lessons from the Federal
Exper- /ewce(New York: Oxford University Press, 2001), 3. 42. James M.
Buchanan, Federalism, Liberty, and the Law (Indianapolis, IN: The Liberty Fund,
Author: Edward V. Schneier
Publisher: Rowman & Littlefield
By examining the institutions of government through the lens of constitution-making, Crafting Constitutional Democracies provides a broad and insightful introduction to comparative politics. Drawn from a series of lectures given in Jakarta, Indonesia, on the drafting of the U.S. constitution, the book illustrates the problems faced by generations of founders, through numerous historic and contemporary examples. Both Indonesia in 1999 and the United States in 1789 faced the same basic issue: how to construct a central government for a large and diverse nation that allowed the majority of the people to govern themselves without intruding on the rights of minorities. What kinds of institutions make for 'good government'? What factors need to be considered in designing a government? Author Edward Schneier explores these questions through a rich variety of examples from both recent and historic transitions to democracy. Drawing frequently upon the arguments of the American Federalist Papers and more contemporary theories of democratization, Crafting Constitutional Democracies lucidly explores the key questions of how and why democracies succeed and fail. A concluding chapter on constitutional change and decline raises provocative and important questions about the lessons that citizens of the world's older democracies might take from the struggles of the new.
A welfare syspreserving aspect of that order - competitive tem would ,
presumably , be unattractive in federalism.2 Just as ... in the market for law and
other public goods guarantees a meaningful political Competitive Federalism
and the liberty .
which federalism protects liberty , each of which finds an illustration in debates
over the War on Terror . I will then explore the relevance of the “ political
safeguards ” of federalism , both as a force tending to moderate state and local
Author: Susan N. Herman
The involvement of state and local governments in the war on terror may be changing our structures of government on another plane: federalism.
Liberty , said I : for this , you are told is best found in a state under democratic rule
, and hence any one naturally free would choose to dwell in this alone . This word liberty , said he , is vastly much talked about . Well then , observed I , as I was ...