American Politics Commons^™

Term Limits On Original Intent--An Essay On Legal Debate And Historical Understanding, Polly J. Price

Faculty Articles

This Essay is divided into five Parts. Part I sets the stage for the historical debate by evaluating the text of the Qualifications Clauses as well as the limited evidence of what the Framers and the ratifiers thought about these provisions. Part II shows that many states, immediately after the federal Constitution was ratified, behaved as though the Qualifications Clauses did not prevent them from adding qualifications for congressional office-holding. Part III compares this early evidence of state behavior with a debate in Congress after the Civil War concerning the meaning of the Qualifications Clauses. Part IV returns to the …

The Emptiness Of Majority Rule, Luis Fuentes-Rohwer

Articles by Maurer Faculty

No abstract provided.

Shut Up And Vote: A Critique Of Deliberative Democracy And The Life Of Talk, James A. Gardner

Journal Articles

No abstract provided.

Social Engineers With Jds, Gerard V. Bradley

Journal Articles

Stephen B. Presser: Recapturing the Constitution: Race, Religion, and Abortion Reconsidered. (Washington, DC: Regnery Publishing, 1994. Pp. xiv, 398. $24.95.)

With Recapturing the Constitution Steven Presser has launched a heat-seeking missile. It is, he confesses without contrition, "politically incorrect," "the same sort of exercise Allan Bloom was attempting in Closing of the American Mind" (pp. 12, 11). Presser aims to diagnose what ails our constitutional law as Bloom did our universities and culture. Presser argues that constitutional law is very sick indeed, and that it threatens to kill our body politic.

The Confirmation Mystery, Michael J. Gerhardt

Faculty Publications

No abstract provided.

Duncan Energy V. Three Affiliated Tribes (1994), United States Court Of Appeals, Eighth Circuit

US Government Documents Related to Indigenous Nations

This court case, decided on June 8, 1994, was the result of an appeal of an earlier decision made on September 28, 1992. This suit was initially filed by Duncan Energy (and others) who were operating oil and gas wells in the northeast quadrant of the Fort Berthold Reservation. They contended that the northeast quadrant of land was not part of the Reservation per the act of 1910 and as such they were not subject to taxation and employment ordinances set by the Three Affiliated Tribes. The 1992 ruling found that act of 1910 did not diminish the Reservation and …

Technical Corrections In Certain Indian Laws, United States Congress, Us House Of Representatives

US Government Documents Related to Indigenous Nations

This United States (US) House report from the Committee on Natural Resources, dated April 19, 1994, was written to accompany US Senate Bill 1654 which proposed technical corrections to existing Indian laws. This report provides a background on US Senate Bill 1654 and proposes amendments. Among other corrections, the bill proposes to amend the White Earth Reservation Land Settlement Act of 1985 and to extend the allotted time for land transfers as written in the Three Affiliated Tribes and the Standing Rock Sioux Tribe Equitable Compensation Act. US Senate Bill 1654 became US Public Law 103-263 on May 31, 1994.

Concerning Secularists' Proposed Restrictions On The Role Of Religion In American Politics, Richard H. Jones

Brigham Young University Journal of Public Law

No abstract provided.

Through The Looking Glass: What Abortion Teaches Us About American Politics, Neal Devins

Faculty Publications

No abstract provided.

Bonding, Structure And The Stability Of Political Parties: Party Government In The House, Gary W. Cox, Mathew D. Mccubbins

Faculty Scholarship

The public policy benefits that parties-deliver are allocated by democratic procedures that devolve ultimately to majority rule. Majority-rule decision making, however, does not lead to consistent policy choices; it is "unstable." In this paper, we argue that institutions - and thereby policy coalitions -- can be stabilized by extra-legislative organization. The rules of the Democratic Caucus in the U.S. House of Representatives dictate that a requirement for continued membership is support on the floor of Caucus decisions for a variety of key structural matters. Because membership in the majority party’s caucus is valuable, it constitutes a bond, the posting of …

Making Certain Technical Corrections, United States Congress, Us Senate

US Government Documents Related to Indigenous Nations

This report from the United States (US) Senate Committee on Indian Affairs dated November 19, 1993, was written to accompany US Senate Bill 1654 which proposes technical corrections to Indian laws. The report specifies that US Senate Bill 1654 proposes to extend the deadline for the sale of lands to their former owners (per the specifications of US Public Law 102-575 which contains the “Three Affiliated Tribes and Standing Rock Sioux Tribe Equitable Compensation Act”). US Senate Bill 1654 became US Public Law 103-263 on May 31, 1994.

Book Review, Scott Hogan

RISK: Health, Safety & Environment (1990-2002)

Review of: ROBERT A. SHANLEY, PRESIDENTIAL INFLUENCE AND ENVIRONMENTAL POLICY. (Greenwood Press, 1992) [163 pp.] Abbreviations, acknowledgements, index, introduction, notes, selected bibliography. LC 92-15584; ISBN 0-313-25883-X. [$45.00 cloth. 88 Post Road West; Westport CT 06881.]

An Act To Authorize Additional Appropriations For The Construction Of The Buffalo Bill Dam And Reservoir, Shoshone Project, Pick-Sloan Missouri Basin Program, Wyoming, United States Congress

US Government Documents Related to Indigenous Nations

This United States (US) public law (Public Law 102-575), passed on October 30, 1992, also known as the “Reclamation Projects Authorization and Adjustment Act of 1992” contains a number of acts providing additional appropriations for various reclamation projects in the United States. The subsection known as the “Three Affiliated Tribes and Standing Rock Sioux Tribe Equitable Compensation Act” (found on page 4,731) states that the US Congress did not adequately compensate the Mandan, Hidatsa, and Arikara tribes (The Three Affiliated Tribes) or the Standing Rock Nation (Standing Rock Sioux Tribe) for prime lands that were taken for construction of the …

Duncan Energy V. Three Affiliated Tribes (1992), District Court Of North Dakota

US Government Documents Related to Indigenous Nations

This court case, decided on September 28, 1992, established that the northeast quadrant of the Fort Berthold Reservation was part of the Reservation (therefore within tribal jurisdiction) but found that the Three Affiliated Tribes did not have taxation and employment authority over the gas and oil companies operating in that quadrant. Per Tribal Tax Code, any property on the Reservation used for business or profit is subject to a one-percent taxation and per the Tribal Employment Rights Office Ordinance (TERO), any employers within the Reservation must give preference to Native American workers. The Three Affiliated Tribes attempted to levy a …

American Constitutional Conventions: The Judicially Unenforceable Rules That Combine With Judicial Doctrine And Public Opinion To Regulate Political Behavior, James G. Wilson

Law Faculty Articles and Essays

The concept of nonjusticiability, reflected primarily through the “political question” and the “standing” doctrines, fails to give the Supreme Court (and the rest of us) adequate guidance on how to resolve many constitutional disputes, such as impeachment procedures and standards, congressional expulsions, the scope of federal court jurisdiction, and the use of force abroad. These two doctrines put the Supreme Court on the horns of a false dichotomy. The Court tends to withdraw completely from an issue and from enforcing a textual passage, such as the Republican Guarantee Clause, whenever it makes a determination of nonjusticiability. Conversely, once the Court …

National Rainbow Coalition, Inc.: Planks That They Would Like To See Adopted By The Democratic Party Platform Committee

Saffy Collection - All Textual Materials

Suggestions for Democratic National Convention, 1992. Box 11, Folder 8

Love And Power: The Rule Of Religion And Morality In American Politics, Gerard V. Bradley

Journal Articles

Perry, Michael J. Love and Power: The Rule of Religion and Morality in American Politics. New York: Oxford University Press, 1991. viii + 218 pp. $29.95

The author's introduces this sequel to his Morality, Politics, and Law as an extended gloss on John Noonan's statement that the "central problem of the legal enterprise is the relation of love to power." The renown of its author ensures that Love and Power will become a focal point in legal academic discussion of its central concern: the proper relation between morality, particularly religious morality, political choice, and public deliberation "in a morally …

Positive Canons: The Role Of Legislative Bargains In Statutory Interpretation, Mathew D. Mccubbins, Roger G. Noll, Barry R. Weingast

Faculty Scholarship

No abstract provided.

Implementing Certain Recommendations Of The Garrison Unit Joint Tribal Advisory Committee Regarding The Entitlement Of The Three Affiliated Tribes And The Standing Rock Sioux Tribe To Additional Financial Compensation For The Taking Of Reservation Lands For The Site Of The Garrison Dam And Reservoir And The Oahe Dam And Reservoir And For Other Purposes, United States Congress, Us House Of Representatives

US Government Documents Related to Indigenous Nations

This report from the United States (US) House Select Committee on Indian Affairs, dated November 26, 1991, was written to accompany US Senate Bill 168 which aimed to provide the Three Affiliated Tribes and Standing Rock Sioux with fair compensation for lands taken for construction of the Garrison Dam and Oahe Dam as well as the return of land that was taken but not used for the dam projects. The report summarizes the background and need for US Senate Bill 168, and it acknowledges that the implementation of the Pick-Sloan Plan effectively forced the Three Affiliated tribes off their land …

Clark Memorandum: Fall 1991, J. Reuben Clark Law Society, J. Reuben Clark Law School

The Clark Memorandum

• Varied Carols (Ronald Sasine)
• Balance (Robert L. Backman)
• The Sweet Taste of Irony (Frederick Mark Geddicks)
• In Defense of American Tort Law (Ralph L. Dewsnup)
• Reflections on a Changing Era (Carl S. Hawkins)

Civic Republicanism And The Citizen Militia: The Terrifying Second Amendment, David C. Williams

Articles by Maurer Faculty

No abstract provided.

Authorizing The Acquisition Of Additional Lands For Inclusion In The Knife River Indian Villages National Historic Site, And For Other Purposes, United States Congress, Us House Of Representatives

US Government Documents Related to Indigenous Nations

This report from the United States (US) House Committee on Interior and Insular Affairs, dated July 30, 1990, was written to accompany US Senate Bill 1230 which proposes to expand the Knife River Indian Villages National Historic Site in North Dakota by 465 acres to better represent the ancestral homelands of the Mandan and Hidatsa tribes. The proposed expansion included burial grounds. This report seeks to amend US Senate Bill 1230 to increase funding for the development of the historic site and to change the wording of Section 1 “Acquisition of Additional Lands” to specify certain parameters for acquiring land. …

Women, Politics, And The Nineties: The Abortion Debate, Susan Estrich

New England Journal of Public Policy

The fight for political empowerment of women may finally break wide open over the issues of reproductive freedom. This article posits that while public attention has focused on courtroom attempts to limit Roe v. Wade, the issues will ultimately be decided in the political arena. Here, Estrich says, the framer of the question may be the ultimate victor. For those on the pro-choice side of the debate, the next election cycle may be their first real opportunity to vote as a bloc and wield real political power.

Equitable Discretion To Dismiss Congressional-Plaintiff Suits: A Reassessment, Sophia Goodman

Articles by Maurer Faculty

The United States Court of Appeals for the District of Columbia Circuit has devised a doctrine called equitable
discretion to screen congressional-plaintiff suits. The Author argues that the doctrine should be abandoned. She proposes that the courts be guided by existing standng principles in deciding whether to hear these cases.

The Search For An American Public Theology: The Contribution Of John Courtney Murray, Gerard V. Bradley

Journal Articles

THE SEARCH FOR AN AMERICAN PUBLIC THEOLOGY: THE CONTRIBUTION OF JOHN COURTNEY MURRAY by Robert W. McElroy. New York: Paulist Press, 1989. Pp. iii+ 216. $10.95.

Among the many services Robert McElroy renders in this fine volume is an extensive bibliography of Murray's published writings. A glance at it suggests another service. Murray wrote countless articles, but no books. (His most famous work, We Hold These Truths, comprised previously published essays.) Precisely because Murray's thought is scattered across several decades and many journals, this intellectual biography - a narrative of Murray's life thought - is most valuable.

The Union At Risk: Jacksonian Democracy, States Rights And The Nullification Crisis, Gerard V. Bradley

Journal Articles

Richard E. Ellis, The Union at Risk. Jacksonian Democracy, States Rights and the Nullification Crisis, Oxford: Oxford University Press, 1987. Pp. xi, 279. $32.50 (ISBN: 0-19-503785-5).

From the Review

In a widely reported address at Tulane University in October 1986, Attorney General Edwin Meese chastised the Supreme Court for its habitual conflation of constitutional law and the Constitution.

Meese is no intellectual, and his remarks were not intended as academic musings; thus, the speech may have been appropriately judged from a political perspective, condemned by liberals and applauded by conservatives for roughly the same reasons. Unfortunately obscured by the …

The Past As Prologue? What Past Industrial Conflicts Within The Gop Tell About The Future Of The Bush Administration, Thomas Ferguson

New England Journal of Public Policy

This article analyzes patterns of GOP campaign finance with an eye to the light they can shed on the future of the Bush administration. After flashing back to 1980 and 1984, it presents a detailed statistical breakdown of who contributed to whom in the 1988 GOP primary, based on a large and carefully constructed sample of top corporate executives and investors. The Dole campaign emerges as especially important for the clues it provides about the opponents of major changes in U. S. policy toward Eastern Europe and the USSR.

A Theory Of Political Control And Agency Discretion, Randall L. Calvert, Mathew D. Mccubbins, Barry R. Weingast

Faculty Scholarship

A major issue in the study of American politics is the extent to which electoral discipline also constrains bureaucrats. In practice, executive agencies operate with considerable independence from elected officials. However,the entire process of policy execution is a game among legislators.the chief executive. and bureaucratic agents. It includes the initial delegation of authority, the choice of policy alternatives,and opportunities for oversight and control. A simple model of this process demonstrates an important distinction between bureaucratic authority and bureaucratic discretion. Indeed.in its simplest form, the model predicts a world in which bureaucrats are the sole active participants in policymaking, but in …

An Act To Regulate Gaming On Indian Lands, United States Congress

US Government Documents Related to Indigenous Nations

This act, dated October 17, 1988, also known as United States Public Law 100-497, and popularly known as the Indian Gaming Regulatory Act, was enacted to provide a statutory basis for the operation and regulation of tribal gaming, and to declare the need for the establishment of independent Federal regulatory authority, Federal standards for gaming on Indian lands, and a National Indian Gaming Commission, in order to meet congressional concerns regarding gaming and to protect such gaming as a means of generating tribal revenue.

Reopening The Fair Gate, Toshihiro Tanioka

History Theses & Dissertations

On July 27, 1952, the Congress of the United States of America passed, over President Harry s. Truman's veto, the Immigration and Nationality Act of 1952, more commonly known as the McCarran-Walter Act. The act codified almost all existing laws relative to immigration and naturalization and newly incorporated more strict exclusion provisions.

This paper analyzes the legislative process from the passage of the act in 1952 to its major revision in 1965. The paper analyzes that the act was a mere reaffirmation of the pre-war immigration policy and thus not reappraisal or reformation in the drastically changed world milieu. The …