Suchergebnisse

Growing public discontent with the performance and quality of many contemporary democracies makes them vulnerable to popular pressures to profoundly transform or replace their constitutions. However, there is little systematic academic discussion on the legal and political challenges that these events pose to democratic principles and practices. This book, a collaborative effort by legal scholars and political scientists, analyzes these challenges from an interdisciplinary and comparative perspective. It fills a theoretical vacuum by examining the possibility that constitutions might be replaced within a democratic regime, while exploring the conditions under which these processes are more compatible or less compatible with democratic principles. It also calls attention to the real-world political importance of the phenomenon, because recent episodes of constitutional redrafting in countries including Kenya, Poland, Venezuela and Hungary suggest that some aspects of these processes may be associated with either the improvement or the gradual erosion of democracy.

Intro -- PRESIDENCY IN THE UNITED STATES: VOLUME 3 -- PRESIDENCY IN THE UNITED STATES: VOLUME 3 -- LIBRARY OF CONGRESS CATALOGING-IN-PUBLICATION DATA -- CONTENTS -- PREFACE -- Chapter 1: CONTEMPORARY DEVELOPMENTS IN PRESIDENTIAL ELECTIONS -- SUMMARY -- INTRODUCTION -- 2012: A REVERSAL OF THE FRONT-LOADING TREND -- The Origins of Front-loading -- Democratic vs. Republican Delegate Selection Rules -- The Outlook for 2012 -- CAMPAIGN FINANCE IN PRESIDENTIAL ELECTIONS -- Recent Major Changes in Campaign Finance Law -- Transitioning from Public Funds to Private Funds in Recent Election Cycles -- The Public Financing Program -- Disparate Resources: Public versus Private Funds in 2008 and Beyond -- Outside Money: Spending by Parties, PACs, and other Groups -- The Outlook for 2012 -- THE ELECTORAL COLLEGE SYSTEM: CONTEMPORARY TRENDS -- The Electoral College System Today -- Criticism and Defense of the Electoral College -- Congressional Efforts to Reform the Electoral College by Constitutional Amendment, 1948-1979 -- Trends in Congressional Electoral College Reform Proposals -- Current Developments in Reform Initiatives- Activity in the States -- The National Popular Vote Campaign: Direct Popular Election through an Interstate Compact -- CONCLUSION -- End Notes -- Chapter 2: THE PRESIDENTIAL NOMINATING PROCESS AND THE NATIONAL PARTY CONVENTIONS, 2012: FREQUENTLY ASKED QUESTIONS -- SUMMARY -- The Nominating Process -- The 2012 Rules -- The National Conventions -- BACKGROUND AND CONTEXT -- Selecting the Delegates -- Winning the Nomination -- The Contemporary Nominating Process -- How This Report is Organized -- THE PRIMARY SEASON -- How Does the Caucus Process Work? -- What Are the Different Types of Primaries? -- What Is Front-Loading? -- Why Do Iowa and New Hampshire Go First? -- Who Has Authority over the Rules for Delegate Selection?

CONSTITUTIONAL ORIGINSThe Original Constitutional System; The 12th Amendment Repairs Flaws in the Original System; THE ELECTORAL COLLEGE TODAY; Who Are the Electors?; Nominating Elector-Candidates: Diverse State Procedures; How Are Electoral Votes Allocated Among the States?; How Are the Electors Chosen?; The Electors' Task: Ratifying the Voters' Choice; Disregarding the Voters' Choice: Faithless Electors; General Election Ballots; Winner Take All: How the General Ticket System Awards the Electoral Vote in Most States; General Election Day; The Electors Convene

Intro -- PRESIDENCY IN THE UNITED STATES VOLUME 2 -- PRESIDENCY IN THE UNITED STATES VOLUME 2 -- CONTENTS -- PREFACE -- Chapter 1 SENATE CONSIDERATION OF PRESIDENTIAL NOMINATIONS: COMMITTEE AND FLOOR PROCEDURE -- SUMMARY -- INTRODUCTION -- RECEIPT AND REFERRAL -- COMMITTEE PROCEDURES -- Written Rules -- Investigations -- Hearings -- Reporting -- FLOOR PROCEDURES -- Executive Calendar -- Executive Session -- Taking Up a Nomination -- Holds -- Consideration and Disposition -- Recommital -- Reconsideration -- Cloture -- NOMINATIONS RETURNED TO THE PRESIDENT -- RECESS APPOINTMENTS -- End Notes -- Chapter 2 PRESIDENTIAL APPOINTMENTS, THE SENATE'S CONFIRMATION PROCESS, AND PROPOSALS FOR CHANGE, 112TH CONGRESS -- SUMMARY -- INTRODUCTION -- BACKGROUND: ADVICE AND CONSENT -- THE EXECUTIVE BRANCH PROCESS: SELECTION, CLEARANCE, AND NOMINATION -- THE LEGISLATIVE BRANCH PROCESS: CONFIRMATION -- RECENT CONCERNS OVER THE APPOINTMENT AND CONFIRMATION PROCESS -- Number of PAS Positions -- Length of the Vetting Process -- Presidential Transitions -- PROPOSALS IN THE 112TH CONGRESS TO CHANGE THE APPOINTMENTS PROCESS -- S. 679: The Presidential Appointment Efficiency and Streamlining Act of 2011 -- Provisions of S. 679 -- Senate Floor Action on S. 679 -- Implications of S. 679 -- The Role of the Senate in the Appointments Process -- Nature of the Positions Included in S. 679 -- Chief Financial Officers -- Assistant Secretaries -- Other Positions -- Privileged Nominations, S.Res. 116 -- Provisions of S.Res. 116 -- Implications of S.Res. 116 -- Nominations, 111th Congress49 -- Role of Committees and Single Senators -- Concluding Remarks -- APPENDIX A. POSITIONS PROPOSED TO NO LONGER REQUIRE SENATE CONFIRMATION UNDER S. 679 -- APPENDIX B. PRIVILEGED NOMINATIONS, S.RES. 116 -- End Notes -- Chapter 3 RECESS APPOINTMENTS: A LEGAL OVERVIEW -- SUMMARY

Intro -- PRESIDENCY IN THE UNITED STATES VOLUME 1 -- PRESIDENCY IN THE UNITED STATES VOLUME 1 -- CONTENTS -- PREFACE -- Chapter 1 THE PRESIDENT'S STATE OF THE UNION ADDRESS: TRADITION, FUNCTION, AND POLICY IMPLICATIONS -- SUMMARY -- OVERVIEW -- HISTORICAL PERSPECTIVE -- TRADITION AND CEREMONY -- Timing -- Location, Seating, and Attendance -- Special Guests -- COMMON ELEMENTS -- The Sequence of Arguments -- Recurring Themes -- Past and the Future -- Bipartisanship -- Optimism -- POLICY IMPACT -- Progression of Presidential Term -- First Year Addresses -- Midterm Addresses -- Election Year Addresses -- Second Term Addresses -- Legislative Success and Policy Proposals -- Capturing and Holding the Public's Attention -- OPPOSITION RESPONSE -- Format -- Common Rhetorical Arguments -- Call for Bipartisanship -- The Opposition's Agenda -- Direct Response to President -- Social Media -- CONCLUDING THOUGHTS -- End Notes -- Chapter 2 PRESENTING MEASURES TO THE PRESIDENT FOR APPROVAL: POSSIBLE DELAYS -- SUMMARY -- INTRODUCTION -- CONSTITUTIONAL CONSIDERATIONS -- Meaning of "Presentment" -- Implications of the "Pocket Veto" -- SELECTED MODERN OCCURRENCES -- CONGRESSIONAL RULES AND PRACTICE -- The Former Joint Rules -- The Legislative Reorganization Act -- Signing of Enrolled Measures -- Possible Delays and Possible Restrictions Thereon -- Summary of Requirements -- ENFORCEMENT THROUGH A QUESTION OF PRIVILEGE -- Early Precedent -- Modern Precedent -- When Might Delays Be Unreasonable? -- Remedies -- DATA ON DELAYS IN PRESENTMENT -- End Notes -- Chapter 3 WAR POWERS RESOLUTION: PRESIDENTIAL COMPLIANCE -- SUMMARY -- MOST RECENT DEVELOPMENTS -- BACKGROUND AND ANALYSIS -- UNITED NATIONS ACTIONS -- FORMER YUGOSLAVIA/BOSNIA -- KOSOVO -- IRAQ: POST 1991 -- HAITI -- SOMALIA -- INSTANCES FORMALLY REPORTED UNDER THE WAR POWERS RESOLUTION