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Full-Text Articles in Political Science

Through The Looking Glass: What Abortion Teaches Us About American Politics, Neal Devins Sep 2019

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

Neal E. Devins

No abstract provided.


Tom Delay: Popular Constitutionalist?, Neal Devins Sep 2019

Tom Delay: Popular Constitutionalist?, Neal Devins

Neal E. Devins

No abstract provided.


The Federalism-Rights Nexus: Explaining Why Senate Democrats Tolerate Rehnquist Court Decision Making But Not The Rehnquist Court, Neal Devins Sep 2019

The Federalism-Rights Nexus: Explaining Why Senate Democrats Tolerate Rehnquist Court Decision Making But Not The Rehnquist Court, Neal Devins

Neal E. Devins

No abstract provided.


Why Congress Does Not Challenge Judicial Supremacy, Neal Devins Sep 2019

Why Congress Does Not Challenge Judicial Supremacy, Neal Devins

Neal E. Devins

Members of Congress largely acquiesce to judicial supremacy both on constitutional and statutory interpretation questions. Lawmakers, however, do not formally embrace judicial supremacy; they rarely think about the courts when enacting legislation. This Article explains why this is so, focusing on why lawmakers have both strong incentive to acquiesce to judicial power and little incentive to advance a coherent view of congressional power. In particular, lawmakers are interested in advancing favored policies, winning reelection, and gaining personal power within Congress. Abstract questions of institutional power do not interest lawmakers and judicial defeats are seen as opportunities to find some other ...


Bearing False Witness: The Clinton Impeachment And The Future Of Academic Freedom, Neal Devins Sep 2019

Bearing False Witness: The Clinton Impeachment And The Future Of Academic Freedom, Neal Devins

Neal E. Devins

No abstract provided.


A Loss Of Control: Privilege Cases Diminish Presidential Power, Neal Devins Sep 2019

A Loss Of Control: Privilege Cases Diminish Presidential Power, Neal Devins

Neal E. Devins

No abstract provided.


The Judicial Role In Constraining Presidential Nonenforcement Discretion: The Virtues Of An Apa Approach, Daniel E. Walters Aug 2019

The Judicial Role In Constraining Presidential Nonenforcement Discretion: The Virtues Of An Apa Approach, Daniel E. Walters

Daniel Walters

Scholars, lawyers, and, indeed, the public at large increasingly worry about what purposive presidential inaction in enforcing statutory programs means for the rule of law and how such discretionary inaction can fit within a constitutional structure that compels Presidents to “take Care that the Laws be faithfully executed." Yet those who have recognized the problem have been hesitant to assign a role for the court in policing the constitutional limits they articulate, mostly because of the strain on judicial capacity that any formulation of Take Care Clause review would cause. In this Article, I argue that courts still can and ...


Habeas Corpus In The Age Of Guantánamo, Cary Federman Apr 2019

Habeas Corpus In The Age Of Guantánamo, Cary Federman

Cary Federman

The purpose of the article is to examine the meaning of habeas corpus in the age of the war on terror and the detention camps at Guantanamo Bay. Since the war on terror was declared in 2001, the writ has been invoked from quarters not normally considered within the federal courts’ domain. In this article, I set out to do two things: first, I provide an overview of the writ’s history in the United States and explain its connection to federalism and unlawful executive detention. I then set out to bridge the two meanings of habeas corpus. Second, then ...


Book (Oup) - Proportionality Balancing And Constitutional Governance - Chapter 6.Pdf, Alec Stone Sweet Dec 2018

Book (Oup) - Proportionality Balancing And Constitutional Governance - Chapter 6.Pdf, Alec Stone Sweet

Alec Stone Sweet

No abstract provided.


Feed: State Transparency Amidst Informational Surplus, Mark Fenster Dec 2018

Feed: State Transparency Amidst Informational Surplus, Mark Fenster

Mark Fenster

An email arrives, promising inside information about the perfidious forces that secretly rule the nation. A Twitter feed from a prominent insider at an establishment think-tank announces the latest disclosure about the president’s secret role in the Russian conspiracy to manipulate the election that elevated him with the blast of toy cannon. Meanwhile, the President’s tweets serve to annoy, distract, humor, or comfort those who see them, and they above all announce some truth about his presidency. 

Debates about government transparency presume that the state controls an informational spigot, which can be made to allow information to flow ...


Bds & Political Theory Critical Exchange.Pdf, C. Heike Schotten, William Clare Roberts Dec 2018

Bds & Political Theory Critical Exchange.Pdf, C. Heike Schotten, William Clare Roberts

C. Heike Schotten

A Critical Exchange discussing the importance of academic boycott of Israel for political theory and as political praxis.


Righting A Wrong: Woodrow Wilson, Warren G. Harding, And The Espionage Act Prosecutions, David Forte Aug 2018

Righting A Wrong: Woodrow Wilson, Warren G. Harding, And The Espionage Act Prosecutions, David Forte

David F. Forte

This is a story of excess and reparation. It is a chronicle of one President from the elite intellectual classes of the East, and another from a county seat in the heartland. Woodrow Wilson was the college president whose contribution to the art of government lay in the principle of expertise and efficiency. When he went to war, he turned the machinery of government into a comprehensive and highly effective instrument for victory. For Wilson, it followed that there could be little tolerance for those who impeded the success of American arms by their anti-war propaganda, draft resistance, or ideological ...


Theorizing American Freedom (Review Essay), Anthony O'Rourke Apr 2018

Theorizing American Freedom (Review Essay), Anthony O'Rourke

Anthony O'Rourke

This is a review essay of The Two Faces of American Freedom, by Aziz Rana. The book presents a new and provocative account of the relationship between ideas of freedom and the constitutional structure of American power. Through the nineteenth century, Rana argues, America’s constitutional structure was shaped by a racially exclusionary, yet economically robust, concept that he calls “settler freedom.” Drawing on the burgeoning interdisciplinary field of settler colonial studies, as well as on the vast historical literature on civic republicanism, Rana contends that the concept of settler freedom necessitated a constitutional framework that enabled rapid territorial expansion ...


A Kantian System Of Constitutional Justice: Rights, Trusteeship, Balancing, Alec Stone Sweet Oct 2017

A Kantian System Of Constitutional Justice: Rights, Trusteeship, Balancing, Alec Stone Sweet

Alec Stone Sweet

No abstract provided.


The Role Of Religiously Affiliated Law Schools In The Renewal Of American Democracy, Bruce Ledewitz Dec 2015

The Role Of Religiously Affiliated Law Schools In The Renewal Of American Democracy, Bruce Ledewitz

Bruce Ledewitz

American Democracy has broken down.  This crisis was on dramatic display in the 2016 Presidential Campaign.  Americans are resentful, distrustful and pessimistic.  We find it easy to blame “the other side” for the deadlock, mendacity and irresponsibility in American public life.  By virtue of their public role, American law schools have an obligation to address the breakdown in order to understand and try to ameliorate it.  That task is currently unfulfilled by law schools individually and collectively, which are distracted by marketing and pedagogy.  Religious law schools, which retain the traits of normative discourse, mission, Truth and tragic limit to ...


Democratic Capital: A Voting Rights Surge In Washington Could Strengthen The Constitution For Everyone, Jamin Raskin Jul 2015

Democratic Capital: A Voting Rights Surge In Washington Could Strengthen The Constitution For Everyone, Jamin Raskin

Jamin Raskin

No abstract provided.


Is Suspension A Political Question, Amanda L. Tyler May 2015

Is Suspension A Political Question, Amanda L. Tyler

Amanda L Tyler

The article focuses on the Suspension Clause of the U.S. Constitution being a political issue. It says that once suspension is viewed as a nonjusticiable political question, it would turn as a subject on which most of the restraints imposed by the Constitution would not be subjected to judicial enforcement. It is claimed that such thought should be denied because it is at odds of writ of habeas corpus heritage and would only complicate the separation of powers and the institution of judicial reviews.


The Constitutive Paradox Of Modern Law: A Comment On Tully, Ruth Buchanan Feb 2015

The Constitutive Paradox Of Modern Law: A Comment On Tully, Ruth Buchanan

Ruth Buchanan

This commentary draws out and elaborates upon some of the more challenging aspects of Professor Tully's sophisticated taxonomy of the relationship between modern constitutional forms and constituent powers. Tully's article reveals the historical particularities of these formations, and at the same time encourages the reader to think beyond them, towards the potentially uncategorizable realm of democratic constitutionalism. Yet, how is it possible to use a taxonomy of modern constitutional democracy as a means of understanding what ties in the uncharted territory beyond? This commentary further explores to what extent this paradoxical modern configuration of constituent powers and constitutional ...


Dog Whistling, The Color-Blind Jurisprudential Regime And The Constitutional Politics Of Race, Calvin J. Terbeek Jan 2015

Dog Whistling, The Color-Blind Jurisprudential Regime And The Constitutional Politics Of Race, Calvin J. Terbeek

Calvin J TerBeek

Ian Haney Lopez’s new book, "Dog Whistle Politics: How Coded Racial Appeals Have Reinvented Racism and Wrecked the Middle Class", has a provocative thesis. Lopez contends that dog-whistling, that is, coded racial rhetoric, “explains how politicians backed by concentrated wealth manipulate racial appeals to win elections and also to win support for regressive policies that help corporations and the super-rich, and in the process wreck the middle class." Though this may seem plausible enough, the thesis cannot stand up to scrutiny; the relevant political science literature provides no support for this. What is more, Lopez's treatment of the ...


A Quantum Congress, Jorge R. Roig Dec 2014

A Quantum Congress, Jorge R. Roig

Jorge R Roig

This article tries to address the problem of a corrupt and broken electoral system that has been captured by special interests through big money spending in political campaigns, while at the same time preserving the spirit of the Free Speech Clause of our Constitution. In doing so, this article first reviews and summarizes the different alternatives proposed as potential fixes for the campaign finance problem. It then explains why none of the proposed alternatives can accomplish the dual goals set out above. Finally, the article briefly sketches a proposal for a fundamental reworking of our representative democracy by substituting legislative ...


The Paradoxes Of National Self-Determination, Brian Slattery Feb 2014

The Paradoxes Of National Self-Determination, Brian Slattery

Brian Slattery

Some have argued that the right of national self-determination gives every national group the power to decide for itself whether to remain part of an existing state or to secede unilaterally and form its own state. Such a theory underpins the claim that Quebec is entitled to decide on its own whether or not to leave Canada. This paper examines the main philosophical arguments for the theory and finds them one-dimensional and inadequate; they fail to take account of the full range of complex issues arising in actual cases of proposed secession. If the right of national self-determination is understood ...


"Authoritarian Constitution Making: The Role Of The Military In Latin America", Gabriel L. Negretto Feb 2014

"Authoritarian Constitution Making: The Role Of The Military In Latin America", Gabriel L. Negretto

Gabriel L. Negretto

During the twentieth century, military dictatorships produced the largest number of authoritarian constitutions in Latin America. Why would military rulers invest time and resources in drafting constitutions? I argue that military leaders engage in constitution making to introduce more effective transformations of the political order during their rule and to have influence over the functioning of democracy after leaving power. However, in order to achieve all these goals, military dictators must be able to mobilize popular and partisan support for the authoritarian regime. Since this condition is rarely met, military rulers often fail in their constitution making strategy. I provide ...


Citizens United, States Divided: An Empirical Analysis Of Independent Political Spending, Douglas Spencer, Abby Wood Jan 2014

Citizens United, States Divided: An Empirical Analysis Of Independent Political Spending, Douglas Spencer, Abby Wood

Douglas M. Spencer

What effect has Citizens United v. FEC had on independent spending in American politics? Previous attempts to answer this question have focused solely on federal elections where there is no baseline for comparing changes in spending behavior. We overcome this limitation by examining the effects of Citizens United as a natural experiment on the states. Before Citizens United about half of the states banned corporate independent expenditures and thus were “treated” by the Supreme Court’s decision, which invalidated these state laws. We rely on recently released state-level data to compare spending in “treated” states to spending in the “control ...


Public Reason As Higher Law, Gordon D. Ballingrud Jan 2014

Public Reason As Higher Law, Gordon D. Ballingrud

Gordon D Ballingrud

This paper presents a model of higher-law formation by employing a modified version of John Rawls’ idea of public reason. The model specifies a theory of public reason that combines the procedural and substantive aspects of public reason, and extends the concept over a third dimension, time. This concept, by virtue of its multi-generational democratic pedigree, forms a repository of political and legal concepts of justice that conform to the duty of civility, and the broad consensus on political and legal norms required of the content of public reason, which forms the overlapping consensus. Thus, public reason as higher law ...


We The Peoples: The Global Origins Of Constitutional Preambles, Tom Ginsburg, Daniel Rockmore, Nick Foti Jan 2014

We The Peoples: The Global Origins Of Constitutional Preambles, Tom Ginsburg, Daniel Rockmore, Nick Foti

Tom Ginsburg

We like to think that constitutions are expressions of distinctly national values, speaking for “We the People.” This is especially true of constitutional preambles, which often recount distinct events from national history and speak to national values. This article challenges this popular view by demonstrating the global influences on constitutional preambles. It does so using a new set of tools in linguistic and textual analysis, applied to a database of most constitutional preambles written since 1789. Arguing that legal language can be analogized to memes or genetic material, we analyze “horizontal” transfer of language across countries and “vertical” transfers within ...


Supermayorías A Nivel Legislativo. Los Problemas Del Debate Y Una Propuesta Metodológica, Sergio Verdugo Sverdugor@Udd.Cl Jan 2014

Supermayorías A Nivel Legislativo. Los Problemas Del Debate Y Una Propuesta Metodológica, Sergio Verdugo Sverdugor@Udd.Cl

Sergio Verdugo R.

Se analiza el debate institucional relativo a si deben o no permanecer los quórums legislativos súper-mayoritarios (esto es, aquellos mayores a la mayoría simple) en la Constitución. El autor critica la manera en que la discusión ha tenido lugar desde la perspectiva académica. Luego, revisa los alcances y límites de los argumentos favorables a las supermayorías, defendiendo la idea de que ellas pueden servir de forma instrumental algunos fines legítimos que son compatibles con la democracia. Las implicancias de este trabajo alcanzan a algunas leyes orgánicas constitucionales y, también, a las leyes de quórum calificado, a las que se les ...


Epilogue: Some Sober Second Thoughts, Christopher Hoebeke Dec 2013

Epilogue: Some Sober Second Thoughts, Christopher Hoebeke

Christopher H Hoebeke

No abstract provided.


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.


Justice Stewart Meets The Press, Keith Bybee Dec 2013

Justice Stewart Meets The Press, Keith Bybee

Keith J. Bybee

Among the Supreme Court Justices who have articulated distinctive views of free expression, Justice Potter Stewart alone placed particular emphasis on the First Amendment's protection of a free press. Drawing upon the lessons of history, the plain language of the Constitution, the political events of his day, and his own personal experience, Stewart argued that the organized news media should be considered an essential part of the checks-and-balances competition between the legislative, executive, and judicial branches of the federal government. Stewart’s emphasis on the special structural function of the established press placed him at odds with most of ...


The Mask Of Virtue: Theories Of Aretaic Legislation In A Public Choice Perspective, Donald J. Kochan Dec 2013

The Mask Of Virtue: Theories Of Aretaic Legislation In A Public Choice Perspective, Donald J. Kochan

Donald J. Kochan

This Article is a first-of-its-kind application of public choice theory to recently developing theories of virtue jurisprudence. Particularly, this Article focuses on not-yet-developed theories of aretaic (or virtue-centered) legislation. This Article speculates what the contours of such theories might be and analyzes the production of such legislation through a public choice lens. Any virtue jurisprudence theory as applied to legislation would likely demand that the proper ends of legislation be deemed as “the promotion of human flourishing” and the same would constitute the test by which we would determine the legitimacy of any legislation. As noble as virtuous behavior, virtuous ...