Digital Commons Network^™

Do We Intend To Keep Our Republic?, John M. Greabe

Law Faculty Scholarship

[Excerpt] Commentators recently have reminded us of a famous statement Benjamin Franklin allegedly made upon exiting Independence Hall on the final day of the 1787 Constitutional Convention. When asked whether the proposed Constitution would establish a monarchy or a republic, Franklin supposedly answered: "A republic, if you can keep it."

The anecdote, which both inspired the title of Supreme Court Justice Neil Gorsuch's recent book and was recounted by Speaker of the House Nancy Pelosi when she announced the impeachment inquiry into the conduct of the president, reminds us that our republican form of government is not to be taken …

New Voters Will Influence Outcome In New Hampshire Primary, Kenneth M. Johnson, Dante Scala, Andrew Smith

The Carsey School of Public Policy at the Scholars' Repository

In this data snapshot, authors Kenneth Johnson, Dante Scala, and Andrew Smith discuss factors going into New Hampshire's 2020 Primary that could influence the outcome.

Steyer Spends The Most, But Only Yang And Gabbard Focus Facebook Advertising On New Hampshire, Jordan Hensley

The Carsey School of Public Policy at the Scholars' Repository

In this data snapshot, author Jordan Hensley reports on presidential candidate spending on Facebook ads in New Hampshire.

The First Primary: Why New Hampshire?, David W. Moore, Andrew Smith

The Carsey School of Public Policy at the Scholars' Repository

In this brief, authors David Moore and Andrew Smith describe the origin of the New Hampshire presidential primary and the Iowa presidential caucuses. The developments by which these two small states came to hold the first nominating contests every four years were accidental, generated by a variety of events not at all intended to educate future leaders and certainly not adopted with any expectation that these states would emerge with the enormous influence that comes with being first. But once Iowa and New Hampshire were first, and once they realized the extensive benefits the position brought to them, their leaders …

Polling And The New Hampshire Primary: What To Watch, And Watch Out For, Andrew Smith, David Moore

The Carsey School of Public Policy at the Scholars' Repository

In this brief, authors David Moore and Andrew Smith discuss caveats that should be considered when interpreting what the polls mean for the February 2020 New Hampshire primary.

First In The Nation: New Hampshire’S Changing Electorate In Changing Times, Kenneth M. Johnson, Dante Scala, Andrew Smith

The Carsey School of Public Policy at the Scholars' Repository

In this brief, authors Kenneth Johnson, Dante Scala, and Andrew Smith discuss demographic forces that are reshaping the New Hampshire landscape. They report that more than 20 percent of potential voters in the 2020 New Hampshire primary were either not old enough to vote in 2016 or resided somewhere other than New Hampshire. New Hampshire has one of the most mobile populations in the nation. Only one-third of New Hampshire residents age 25 and older were born in the state. Democratic presidential primary turnout in New Hampshire may hit record highs in 2020. Republican turnout, in contrast, is likely to …

A Funny Thing Happened On The Way To The Forum: Prospects For An Ethical Theory Of Accountability, Melvin Dubnick

Faculty Publications

This paper is intended to restate the case for the development of an "ethical theory of accountability" as an alternative to current theoretical frames being applied by students of accountable governance. I would emphasize the word "alternative" at this juncture, noting that an ethical theory should not be regarded as replacement for current models; rather it is offered as a reframing of accountability that can provide a significantly different perspective -- one rooted in (and built upon) ontologically distinct presuppositions about the nature of account-giving/receiving.

Central to the effort is establishing accountability as the capacity to engage in account-giving/receiving behavior …

Generational Aspects Of U.S. Public Opinion On Renewable Energy And Climate Change, Lawrence C. Hamilton, Joel N. Hartter, Erin Bell

Sociology

The topics of climate change and renewable energy often are linked in policy discussions and scientific analysis, but public opinion on these topics exhibits both overlap and divergence. Although renewable energy has potentially broader acceptance than anthropogenic climate change, it can also sometimes face differently-based opposition. Analyses of U.S. and regional surveys, including time series of repeated surveys in New Hampshire (2010–2018) and northeast Oregon (2011–2018), explore the social bases of public views on both issues. Political divisions are prominent, although somewhat greater regarding climate change. Such divisions widen with education, an interaction effect documented in other studies as well. …

State Constitutions And The Protection Of Rights, John M. Greabe

Law Faculty Scholarship

This article, using a recent Pennsylvania Supreme Court ruling on partisan gerrymandering, explores how state constitutions can be significantly more protective of rights than the federal constitution.

Racism And Impeachment Power, John M. Greabe

Law Faculty Scholarship

[Excerpt] “Does racism constitute a legitimate basis for removing a president? More generally, what is the scope of Congress's removal power?

”In all but the most extraordinary circumstances, the remedy for incompetent political leadership -indeed, even abhorrent political leadership lies in the next election. But the Constitution does provide Congress with tools to remove certain federal officeholders between elections.”

Constitutional Barriers To Congressional Reform, John M. Greabe

Law Faculty Scholarship

Americans celebrate our Constitution as a beacon that can guide us through difficult situations. And justly so. But at times, the Constitution also has stood as a barrier to necessary reform.

Sexual Misconduct And Congressional Self-Governance, John M. Greabe

Law Faculty Scholarship

[Excerpt] "Over the past year, a number of prominent politicians (including President Donald Trump) have been publicly accused of serious sexual misconduct and abuse of power. The question therefore has arisen: Can these politicians either be barred from taking office or removed from office on the basis of these accusations?

There is only way to remove a sitting president: impeachment by the House of Representatives and conviction by the Senate. But the topic of impeaching and removing a president warrants its own column. This column will instead focus on what Congress may do when its members and members-elect face charges …

Norms, Law And The Impeachment Power, John M. Greabe

Law Faculty Scholarship

[Excerpt]

"Most experts believe that, while a president can be criminally prosecuted after leaving office, he cannot be prosecuted while he is president. And while the president may be sued civilly while holding office, the office confers powerful immunities and other constitutional defenses that are unavailable to ordinary civilian defendants."

Can Courts Save Us From Unconstitutional Government Conduct?, John M. Greabe

Law Faculty Scholarship

[Excerpt] "We are living in a troubled time. Across the political spectrum, there is a great deal of concern that government officials have been derelict in honoring their oaths to support and defend the Constitution."

The Origins And Boundaries Of Executive Privilege, John M. Greabe

Law Faculty Scholarship

[Excerpt] "When the president or persons working with the president are under investigation . . . the doctrine of executive privilege -which entitles the president to keep confidential certain communications to and from his advisers -inevitably becomes relevant."

Beyond Urban Versus Rural:, Dante J. Scala, Kenneth M. Johnson

The Carsey School of Public Policy at the Scholars' Repository

In this brief, authors Dante Scala and Kenneth Johnson examine voting patterns over the last five presidential elections. They report that although rural voters and urban voters are often portrayed as polar opposites, their differences are best understood as a continuum, not a dichotomy. From the largest urban cores to the most remote rural counties, they found significant variations in voting. Hillary Clinton nearly matched Barack Obama’s 2012 performance in most urban areas. Clinton’s defeat was due, in part, to her failure to match the performance of recent Democratic Presidential nominees in less populated areas. Though many commentators argued that …

The Boundaries Of Partisan Gerrymandering, John M. Greabe

Law Faculty Scholarship

[Excerpt] “In my most recent column, I expressed concern about the effectiveness of the constitutional decision rules that currently govern gerrymandering – the redrawing of electoral districts in a manner that favors the incumbent majority at the expense of those out of power.

Briefly, the Constitution has not been interpreted to prohibit redistricting with an eye toward advancing the interests of the political party in power. But it has been interpreted to bar legislators from redistricting on racial grounds – at least in most circumstances.

The problem is that voters from certain racial groups tend to vote overwhelmingly for …

Race, Partisan Gerrymandering And The Constitution, John M. Greabe

Law Faculty Scholarship

[Excerpt] “For the most part, the Constitution speaks in generalities. The 14th Amendment, for example, instructs the states to provide all persons the "equal protection of the laws." But obviously, this cannot mean that states are always forbidden from treating a person differently than any other person. Children can, of course, be constitutionally barred from driving, notwithstanding the Equal Protection Clause. Thus, there is a need within our constitutional system to refine the Constitution's abstract provisions.”

The Trump Presidency And The Press, John M. Greabe

Law Faculty Scholarship

[Excerpt] "It is not difficult to understand why presidents frequently voice frustration with the press. Imagine being subjected to critical analysis 24/7 by reporters, bloggers and pundits who often lack complete and accurate information but face competitive pressure to publish quickly."

Public Support For Environmental Protection, Lawrence C. Hamilton

The Carsey School of Public Policy at the Scholars' Repository

In this fact sheet, author Lawrence Hamilton discusses the results of a New Hampshire poll conducted January 31 to February 8, 2017, that asked residents whether they think environmental protection rules should be reduced, strengthened, or left as they are. He reports that, although President Trump and some Congressional supporters have proposed broad reductions in environmental protection, the New Hampshire survey--which has a record of mirroring national surveys on environmental issues--finds little support for such steps. Almost three-quarters think instead that environmental protection rules should be left as they are or strengthened. Large majorities in every category of age, education, …

Textualism And Originalism In Constitutional Interpretation, John M. Greabe

Law Faculty Scholarship

[Excerpt] "In a 2016 lecture at the Case Western Reserve University School of Law, Judge Neil Gorsuch warmly praised former Supreme Court Justice Antonin Scalia's approach to constitutional interpretation. Because President Trump has nominated him to serve on the Supreme Court, it is important to understand the approach Judge Gorsuch favors."

On Renewable Energy And Climate, Trump Voters Stand Apart, Lawrence C. Hamilton

The Carsey School of Public Policy at the Scholars' Repository

In this brief, author Larry Hamilton discusses the results of pre- and post-election Polar, Environment, and Science surveys carried out by Carsey School researchers in August and November–December 2016, asking people about their general views on climate change and renewable energy. Almost three-fourths of Americans surveyed said that renewable energy should be a higher national priority than more drilling for oil. About two-thirds agree with the scientific consensus that humans are changing Earth’s climate. Priority for renewable energy development and recognition of human-caused climate change are majority opinions within every voter group except Trump supporters. On renewable energy, the reality …

Domicile, Student Voters And The Constitution, John M. Greabe

Law Faculty Scholarship

[Excerpt] "The wisdom of using the Electoral College to choose our president is a hot topic. For the second time in 16 years (and the fifth time in our history), the "winner" of the national popular vote lost the presidential election in the Electoral College. To many, this "undemocratic" outcome seems wrong."

Engagement In A Public Forum: Knowledge, Action, And Cosmopolitanism, Jennifer F. Brewer, Natalie Springuel, James Wilson, Robin Alden, Dana Morse, Catherine Schmitt, Chris Bartlett, Teresa Joihnson, Carla Guenther, Damian Brady

Geography

Facing challenges to the civic purpose of higher education, some scholars and administrators turn to the rhetoric of engagement. Simultaneously, the political philosophy of cosmopolitanism has gained intellectual favor, advocating openness to the lived experiences of distant others. We articulate linkages between these two discourses in an extended case study, finding that a cosmopolitan ethos of engagement in a rural context can improve (1) understanding among people ordinarily separated by spatialized social-ecological differences, (2) prospects for longer term environmental sustainability, and (3) the visionary potential of collaborative inquiry. Despite globalization of food systems and neoliberal shifts in fishery management, an …

Does The Constitution Allow President To Ban Muslims?, John M. Greabe

Law Faculty Scholarship

[Excerpt] "The president-elect has stated that he intends to protect national security by banning Muslim immigration into the United States. He also has signaled an openness to some form of Muslim registration program. Does the Constitution impose barriers to the adoption of such policies?"

Difficult Questions For The Senate Minority, John M. Greabe

Law Faculty Scholarship

This column is the first in a biweekly Constitutional Connections series that will examine the constitutional implications of various topics in the news. The author, John Greabe, teaches constitutional law and related subject at the University of New Hampshire School of Law. He also serves on the board of trustees of the New Hampshire Institute for Civics Education.

My Turn: 'We The People' And The Garland Nomination, John M. Greabe

Law Faculty Scholarship

[Excerpt] "Because I teach constitutional law, a friend recently asked me whether Judge Merrick Garland or President Obama might successfully sue to compel the Senate to take action on the nomination of Judge Garland to fill the vacancy on the United States Supreme Court.

Almost certainly not, I told him. Under settled precedent, a judge would dismiss such a case as raising a non-legal ''political" question. It would be very difficult to develop acceptable decisional standards for such a claim. Moreover, courts are reluctant to entertain lawsuits challenging mechanisms that the Senate uses to oversee the judiciary."

Was December Warm? Family, Politics, And Recollections Of Weather, Lawrence C. Hamilton, Mary D. Lemcke-Stampone

The Carsey School of Public Policy at the Scholars' Repository

In 2015 New Hampshire experienced its warmest December on record. The temperature exceeded twentieth century average temperatures by a wider margin than for any month in historical records dating back to 1895. In February 2016, as part of an ongoing study of environmental perceptions, the Granite State Poll asked state residents whether they thought the recent December had been generally colder, warmer, or about average for that month. Only 63 percent remembered it had been above average. The remainder of the winter set a new warmth record as well, so in April 2016 another Granite State Poll asked residents about …

First In The Nation: New Hampshire's Changing Electorate, Kenneth M. Johnson, Dante J. Scala, Andrew Smith

The Carsey School of Public Policy at the Scholars' Repository

In this brief, authors Ken Johnson, Dante Scala, and Andrew Smith discuss demographic forces that are reshaping the New Hampshire landscape. They report that the voting population of New Hampshire is among the most mobile in the United States. More than 30 percent of the potential voters are new to the state’s electoral process since 2008. These younger voters and recent migrants have the potential to change the political landscape of the state in the coming presidential primary and November election. The new young voters tend to be more liberal than their older contemporaries. These younger voters also identify less …

A New Frontier In Campaign Finance Regulation, John M. Greabe

Law Faculty Scholarship

In recent years, the United States Supreme Court has taken what many regard as a doctrinaire approach to campaign finance regulation. It has seized on the indisputable proposition that limits on campaign expenditures and contributions implicate important First Amendment values and, pressing the proposition to logical extremes, invalidated a number of federal and state laws that had imposed such limits.

This newspaper editorial discusses recently proposed legislation in the state of New Hampshire that would collect fees on expenditures made by individual political candidates, PACs, and Super PACS. The collected fees would be used to help the state justice department …