90 books match the query 'Constitutional history' and 5 start with p

cover of Partisan Nation: The Dangerous New Logic of American Politics in a Nationalized Era

Partisan Nation

The Dangerous New Logic of American Politics in a Nationalized Era

Paul Pierson and Eric Schickler

University of Chicago Press, 2024

A provocative exploration of how America’s democratic crisis is rooted in a dangerous mismatch between our Constitution and today’s nationalized, partisan politics.

The ground beneath American political institutions has moved, with national politics subsuming and transforming the local. As a result, American democracy is in trouble.

In this paradigm-shifting book, political scientists Paul Pierson and Eric Schickler bring a sharp new perspective to today’s challenges. Attentive to the different coalitions, interests, and incentives that define the Democratic and Republican parties, they show how contemporary polarization emerged in a rapidly nationalizing country and how it differs from polarization in past eras. In earlier periods, three key features of the political landscape—state parties, interest groups, and media—varied locally and reinforced the nation’s stark regional diversity. But this began to change in the 1960s as the two parties assumed clearer ideological identities and the power of the national government expanded, raising the stakes of conflict. Together with technological and economic change, these developments have reconfigured state parties, interest groups, and media in self-reinforcing ways. The result is that today’s polarization is self-perpetuating—and intensifying.

Partisan Nation offers a powerful caution. As a result of this polarization, America’s political system is distinctly and acutely vulnerable to an authoritarian movement emerging in the contemporary Republican Party, which has both the motive and the means to exploit America’s unusual Constitutional design. Combining the precision and acuity characteristic of their earlier work, Pierson and Schickler explain what these developments mean for American governance and democracy.

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cover of Politics and the Constitution in the History of the United States, Volume 3: The Political Background of the Federal Convention

Politics and the Constitution in the History of the United States, Volume 3

The Political Background of the Federal Convention

William W. Crosskey and William Jeffrey

University of Chicago Press, 1980

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cover of Politics as Development: The Emergence of Political Parties in Nineteenth-Century Serbia

Politics as Development

The Emergence of Political Parties in Nineteenth-Century Serbia

Gale Stokes

Duke University Press, 1990

Nineteenth-century Serbia was an economically and socially backward country with an urban population of approximately 3 percent and a literacy rate in the countryside of less than 10 percent. Still, during that century it created a functioning democracy with a constitution, independent courts, political parties, and civil liberties. The Serbian experience challenges the view that political structures fundamentally depend on socioeconomic ones, since Serbia created a modern political system without developing economically. Politics as Development analyzes one aspect of that process, the emergence of political parties in the 1870s and the 1880s, especially the creation of the Serbian Radical Party under the leadership of Nikola Pasic. By mobilizing the peasantry through organizing the countryside, the Radicals proved themselves the most original nineteenth-century Balkan political movement. Based on thorough research of primary documents, Stokes’s study supports the view that the state and its attending class constitute an independent variable in the developmental process.
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cover of Popular Sovereignty and the Crisis of German Constitutional Law: The Theory and Practice of Weimar Constitutionalism

Popular Sovereignty and the Crisis of German Constitutional Law

The Theory and Practice of Weimar Constitutionalism

Peter C. Caldwell

Duke University Press, 1997

Popular Sovereignty and the Crisis of German Constitutional Law is a historical analysis of competing doctrines of constitutional law during the Weimar Republic. It chronicles the creation of a new constitutional jurisprudence both adequate to the needs of a modern welfare state and based on the principle of popular sovereignty. Peter C. Caldwell explores the legal nature of democracy as debated by Weimar’s political theorists and constitutional lawyers. Laying the groundwork for questions about constitutional law in today’s Federal Republic, this book draws clear and insightful distinctions between strands of positivist and anti-positivist legal thought, and examines their implications for legal and political theory.
Caldwell makes accessible the rich literature in German constitutional thought of the Weimar period, most of which has been unavailable in English until now. On the liberal left, Hugo Preuss and Hans Kelsen defended a concept of democracy that made the constitution sovereign and, in a way, created the "Volk" through constitutional procedure. On the right, Carl Schmitt argued for a substantial notion of the "Volk" that could overrule constitutional procedure in a state of emergency. Rudolf Smend and Heinrich Triepel located in the constitution a set of inviolable values of the political community, while Hermann Heller saw in it a guarantee of substantial social equality. Drawing on the work of these major players from the 1920s, Caldwell reveals the various facets of the impassioned constitutional struggles that permeated German legal and political culture during the Weimar Republic.
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cover of Private Property and the Limits of American Constitutionalism: The Madisonian Framework and Its Legacy

Private Property and the Limits of American Constitutionalism

The Madisonian Framework and Its Legacy

Jennifer Nedelsky

University of Chicago Press, 1990

The United States Constitution was designed to secure the rights of individuals and minorities from the tyranny of the majority—or was it? Jennifer Nedelsky's provocative study places this claim in an utterly new light, tracing its origins to the Framers' preoccupation with the protection of private property. She argues that this formative focus on property has shaped our institutions, our political system, and our very understanding of limited government.
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