Suchergebnisse

Texas and California have become leaders of Red and Blue America. Exploring why these two powerful states have joined the rival camps, this title then describes how they have used competing red and blue policy models to create sharply contrasting policies across a broad range of issue areas. Texas and California have also mobilised coalitions of red and blue states to influence federal policy. The book concludes by assessing the two models' strengths, vulnerabilities, and future prospects. The rivalry between these states and their allies will likely continue for the foreseeable future; the challenge for the nation is turn the competition to productive ends.

"Who should have the last word on fundamental policy issues? This book analyzes the rise of two contenders - the people, through direct democracy, and the courts. It demonstrates that courts have used an expanding power of judicial review to invalidate citizen-enacted laws at remarkably high rates. The resulting conflict between the people and the courts threatens to produce a backlash against judges and raises profound questions about the proper scope of popular sovereignty and judicial power in a constitutional system."--[from book]

The recall of California Governor Gray Davis generated intense litigation as recall opponents sought, without much success, to convince courts to block, modify, or postpone the election. Using an interpretive case study approach, this article analyzes these outcomes and develops the theory that the courts' reluctance to intervene in the Davis recall process was largely dictated by the nature of the recall device itself. More specifically, the recall's only substantive question was nonjusticiable, so litigants were limited to procedural challenges, and on most of the procedural issues, courts deferred to local election officials. The constraints on judicial review of recall highlight differences between recall and initiative, a direct democracy process courts more actively check.

This Article describes the high rate at which courts have invali- dated Washington initiatives and then explores why this is so. The Article suggests that it is initiative lawmaking's Populist orientation—with respect to both its unfiltered majoritarian processes and its often—constitutionally suspect substance-that makes initiatives vulnerable to legal attack.

"The United States has become ever more deeply entrenched in powerful, rival, partisan camps, and its citizens more sharply separated along ideological lines. The authors of this volume, scholars of political science, economics, and law, examine the relation between our present-day polarization and the design of the nation's Constitution. The provisions of our Constitution are like "parchment barriers"--fragile bulwarks intended to preserve liberty and promote self-government. To be effective, these barriers need to be respected and reinforced by government officials and ordinary citizens, both in law and in custom. This book asks whether today's partisan polarization is threatening these constitutional provisions and thus our constitutional order. The nation's founders, clearly concerned about political division, designed the Constitution with numerous means for controlling factions, restraining majority rule, and preventing concentrations of power. In chapters that span the major institutions of American government, the authors of Parchment Barriers explore how partisans are pushing the limits of these constitutional restraints to achieve their policy goals and how the forces of majority faction are testing the boundaries the Constitution draws around democratic power. What, for instance, are the dangers of power being concentrated in the executive branch, displaced to the judiciary, or assumed by majority party leaders in Congress? How has partisan polarization affected the nature, size, and power of the administrative state? And why do political parties, rather than working to facilitate the constitutional order as envisioned by James Madison, now chafe against its limits on majority rule? Parchment Barriers considers the implications of polarization for policy, governance, and the health of American democracy. "--