Federalism Liberty and the Law

Federalism  Liberty  and the Law

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

Publisher:

ISBN: 0865972478

Category: Political Science

Page: 461

View: 192

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
Categories: Political Science

Essays on Liberty and Federalism

Essays on Liberty and Federalism

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

ISBN: UOM:39015014161320

Category: History

Page: 134

View: 953

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.
Categories: History

NYU Journal of Law Liberty

NYU Journal of Law   Liberty

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
 ...

Author:

Publisher:

ISBN: UCAL:B5102326

Category: Law reviews

Page:

View: 775

Categories: Law reviews

Federalism Subnational Constitutions and Minority Rights

Federalism  Subnational Constitutions  and Minority Rights

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

ISBN: 0275980235

Category: Law

Page: 247

View: 981

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.
Categories: Law

Fiscal Federalism in Nigeria

Fiscal Federalism in Nigeria

... 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 .

Author: F. E. Onah

Publisher:

ISBN: STANFORD:36105028509193

Category: Finance, Public

Page: 259

View: 637

Categories: Finance, Public

The Hastings Law Journal

The Hastings Law Journal

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 ...

Author:

Publisher:

ISBN: UCAL:B4797133

Category: Law

Page:

View: 279

Categories: Law

Rutgers Law Journal

Rutgers Law Journal

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 ) .

Author:

Publisher:

ISBN: UCAL:B5103041

Category: Law reviews

Page:

View: 231

Categories: Law reviews

Liberty Under Law

Liberty Under Law

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

ISBN: UOM:39015042144108

Category: Law

Page: 239

View: 139

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.
Categories: Law

Power Rights in US Constitutional Law

Power   Rights in US Constitutional 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

ISBN: 9780195368727

Category: Law

Page: 248

View: 878

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.
Categories: Law

California law review

California law review

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:

Publisher:

ISBN: UCAL:B4906741

Category:

Page:

View: 411

Categories:

Liberty and Community

Liberty and Community

This book examines the competing visions of liberty and community in Canada.

Author: Robert Charles Vipond

Publisher: SUNY Press

ISBN: 079140465X

Category: Political Science

Page: 249

View: 958

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.
Categories: Political Science

Liberty Under Law

Liberty Under Law

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
Impact ...

Author: William M. Wiecek

Publisher: American Moment

ISBN: UOM:39015013128353

Category: History

Page: 226

View: 740

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.
Categories: History

Public Governance and the Classical Liberal Perspective

Public Governance and the Classical Liberal Perspective

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

ISBN: 9780190267056

Category: Business & Economics

Page: 224

View: 493

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.
Categories: Business & Economics

First Amendment Law Review

First Amendment Law Review

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 ,
is ...

Author:

Publisher:

ISBN: STANFORD:36105064110062

Category: Freedom of religion

Page:

View: 578

Categories: Freedom of religion

Symposium

Symposium

... 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
culture ...

Author:

Publisher:

ISBN: STANFORD:36105063770312

Category: Searches and seizures

Page: 505

View: 546

Categories: Searches and seizures

Crafting Constitutional Democracies

Crafting Constitutional Democracies

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,
2001), ...

Author: Edward V. Schneier

Publisher: Rowman & Littlefield

ISBN: 0742530744

Category: Law

Page: 273

View: 990

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.
Categories: Law

Ideas on Liberty

Ideas on Liberty

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 .

Author:

Publisher:

ISBN: STANFORD:36105113373315

Category: Liberty

Page:

View: 634

Categories: Liberty

Terrorism Government and Law

Terrorism  Government  and Law

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
departures ...

Author: Susan N. Herman

Publisher: Praeger

ISBN: UOM:39015076177552

Category: Law

Page: 219

View: 871

The involvement of state and local governments in the war on terror may be changing our structures of government on another plane: federalism.
Categories: Law

Law Classic Library The Federalist The English constitution by W Bagehot

Law Classic Library  The Federalist  The English constitution  by W  Bagehot

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 ...

Author:

Publisher:

ISBN: UCBK:C056099174

Category: Political science

Page:

View: 380

Categories: Political science