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American Politics

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Full-Text Articles in Law

The Confusing Language Of Mcculloch V. Maryland: Did Marshall Really Know What He Was Doing (Or Meant)?, Sanford Levinson Jul 2019

The Confusing Language Of Mcculloch V. Maryland: Did Marshall Really Know What He Was Doing (Or Meant)?, Sanford Levinson

Arkansas Law Review

All legal “interpretation” involves confrontation with inherently indeterminate language. I have distinguished in my own work between what I call the Constitution of Settlement and the Constitution of Conversation. The former includes those aspects of the Constitution that do indeed seem devoid of interpretive challenge, such as the unfortunate assignment of two senators to each state or the specification of the terms of office of representatives, senators, and presidents. I am quite happy to concede that “two,” “four,” and “six” have determinate meaning, though my concession is not based on a fancy theory of linguistics. It is, rather, a recognition …

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In Fear We Trust: Anxious Political Rhetoric & The Politics Of Punishment, 1960s-80s, Stella Michelle Frank Jan 2019

In Fear We Trust: Anxious Political Rhetoric & The Politics Of Punishment, 1960s-80s, Stella Michelle Frank

Senior Projects Spring 2019

Senior Project submitted to The Division of Social Studies of Bard College.

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The Road To Mass Democracy: Original Intent And The Seventeenth Amendment, Christopher Hoebeke Dec 2013

The Road To Mass Democracy: Original Intent And The Seventeenth Amendment, Christopher Hoebeke

Christopher H Hoebeke

Until 1913 and passage of the Seventeenth Amendment to the United States Constitution, US senators were elected by state legislatures, not directly by the people. Progressive Era reformers urged this revision in answer to the corruption of state "machines" under the dominance of party bosses. They also believed that direct elections would make the Senate more responsive to popular concerns regarding the concentrations of business, capital, and labor that in the industrial era gave rise to a growing sense of individual voicelessness. Popular control over the higher affairs of government was thought to be possible, since the spread of information …

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The Paradox Of Popular Sovereignty: An Introductory Essay, Christopher Hoebeke Dec 2013

The Paradox Of Popular Sovereignty: An Introductory Essay, Christopher Hoebeke

Christopher H Hoebeke

No abstract provided.

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The Opacity Of Transparency, Mark Fenster Dec 2004

The Opacity Of Transparency, Mark Fenster

Mark Fenster

The normative concept of transparency, along with the open government laws that purport to create a transparent public system of governance promise the world—a democratic and accountable state above all, and a peaceful, prosperous, and efficient one as well. But transparency, in its role as the theoretical justification for a set of legal commands, frustrates all parties affected by its ambiguities and abstractions. The public’s engagement with transparency in practice yields denials of reasonable requests for essential government information, as well as government meetings that occur behind closed doors. Meanwhile, state officials bemoan the significantly impaired decision-making processes that result …

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Democratizing The Constitution: The Failure Of The Seventeenth Amendment, Christopher H. Hoebeke Dec 1995

Democratizing The Constitution: The Failure Of The Seventeenth Amendment, Christopher H. Hoebeke

Christopher H Hoebeke

No abstract provided.

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The Road To Mass Democracy: Original Intent And The Seventeenth Amendment, Christopher Hoebeke Dec 1994

The Road To Mass Democracy: Original Intent And The Seventeenth Amendment, Christopher Hoebeke

Christopher H Hoebeke

No abstract provided.

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