Lincoln and Emancipation: Constitutional Theory,Practical Politics,and the Basic Practice of Law

Abraham Lincoln is, by any measure, our greatest President. Whenever we are asked to rank our Presidents, Lincoln comes out on top. This makes sense. His job, leading the nation through four years of Civil War, was the hardest of any President and he accomplished it so stunningly well: winning the War, preserving the Union, and ending slavery.     

The Use of Armed Forces in Law Enforcement: Legal,Constitutional and Political Issues in Australia

In Western democracies armed forces perform a variety of internal functions. This paper examines the principles and issues relating to the use of the Australian Defence Force in the enforcement of law against individual citizens and aliens. This function is normally the responsibility of the police but there are pressures in Australia and overseas for the wider use of armed forces in this field. Traditional restraints on the employment of armed forces in this capacity date back to parliamentary resistance to the power of the Crown. Several barriers, constitutional, legal and institutional, have developed to ensure that the executive cannot easily abuse its necessary control over the armed forces in a way that endangers civil liberties. While there is no serious danger of such abuse at present, several issues need to be monitored.     

Constitutionalism,the Public Philosophy,and Political Science

Examining Willa Cather's corpus of literary works reveals several phases of her illustrious career. After defending commercial culture in O Pioneers! and My Ántonia, her later novels, especially her One of Ours, diagnose an unmediated split in the Western world illustrated by the experience of the Great War: the bourgeois commercial culture undermines aspirations for human greatness. Her later novels deepen this diagnosis and offer a way out in a return to a rooted community of believers living in the shadows of the Church.     

Presidential Unilateral Actions: Constitutional and Political Checks

Throughout history, presidents have invoked a broad array of powers. Some are legitimate and well grounded; others exceed constitutional boundaries and have met defeat in Congress, the courts, and the public. Still others originate from historical errors by the Supreme Court, particularly in the field of external affairs. The powers analyzed in this article begin with these: enumerated, implied, inherent, prerogative, ministerial, and discretionary. Presidential instruments of power include executive orders and proclamations. The erroneous “sole organ” doctrine, first appearing in the Curtiss-Wright case of 1936, was at issue in the Jerusalem passport case of Zivotofsky v. Kerry. The scope of unilateral executive authority is being tested in initiatives by the Obama administration in the field of immigration policy.     

Science,Technology and Constitutional Rights: An Interdisciplinary Forecast for the US Congress

Abstract

In honor of the bicentennial of the United States Constitution, a Congressional agency undertook an interdisciplinary analysis of the implications of new and emerging science-based technologies for constitutionally protected civil rights and liberties. Four areas of scientific research and development were identified as most likely to give rise to significantly new technological capabilities. Some of these could challenge established assumptions about individual responsibility, civil liberties, and the powers of government: information science, molecular biology, materials science, and social science, particularly as they find applications in communications and publishing, criminal justice, medicine, public health, and bioengineering. Constitutional precedents related to freedom of the press, open scientific communications, the rights of those accused or convicted of crime, due process, equal protection of laws, and individual privacy will have to be re-examined. Science is offering individuals new choices and forcing them to make new decisions, even as it brings into question some assumptions about free will and accountability.     

Political Correctness and Political Science: An Exploratory Study of New York State

Abstract

The term political correctness identifies a controversy that has gained wide coverage in the press over the last several years concerning academic policy in higher education in the United States. In an effort to obtain some preliminary indication of how widespread perceptions of political correctness are among political scientists, a survey of political scientists in New York State was conducted in December 1991. The survey revealed that at least in New York, political scientists are likely to perceive political correctness as an issue on their college campus and in the discipline but generally not in their departments.     

Moves and Countermoves: Countermovement Diffusion of State Constitutional Amendments

Policy diffusion literature generally studies the adoption of similar policies across jurisdictions, but often overlooks how opposing policies or legal constraints may influence the enactment of rigid state constitutional amendments. The current study models the spread of state constitutional amendments designed to prevent future policy change. Using conditional event history analysis on all states from 1999 to 2011 the empirical models analyze the spread of same‐sex marriage prohibitive amendments across the United States. Findings suggest that the nearby adoption of opposing policies encourage state legislatures to introduce prohibitive amendments. The regional diffusion effect suggests that policymakers “protect” their jurisdiction from nearby diffusion forces or seek electoral gains by symbolic protection by committing an already existing policy into the rigid state constitutional framework. Regional policy diffusion may, therefore, be explained by a countermovement mechanism unique to the state constitutional amendment process. This protective strategy among state legislatures and citizens may explain why many policy areas are frequently codified in state constitutions.     

Carl J. Friedrich's Legacy: Understanding Constitutionalism as a Political System

Carl J. Friedrich (1901–1984) defined constitutionalism as something more than can be expressed by the dominant behavioralist paradigm of modern political science and the typical academic focus on law and courts. A leading but now neglected post-WWII authority on constitutionalism, Friedrich argued that it should be understood as an institutionally-based, interactive system for deliberating the meaning and legal application of the norms of a political community. His approach shares much with the contemporary “historical institutionalist” call to situate law and courts within a broader, more normative, and more interactive conception of constitutionalism. Accordingly, a reconsideration of Friedrich's work may help current efforts to better articulate the full richness and complexity of constitutionalism as a distinctive way of ordering political life.     

Materialist State Theory and the Transnationalization of the Capitalist State

Abstract: In contrast to assertions that the capitalist state is either losing control or that it has returned, this article argues that during the last two decades the state itself has been reshaped. To understand the processes that the capitalist state is exposed to it is necessary to conceive of it as a series of form‐specific practices. Which practices form “the state” is not a result of pre‐given institutions but of conflicts and struggles. The capitalist state, separated as it is from the relations of production, must not be made synonymous with the national state. Only as a result of certain relations of force does bourgeois rule acquire the form of the national state. These relations between classes are currently being dissolved by the ruling classes. The capitalist state is being reorganized and is constructing new elements of a transnational network state, whilst the state itself is governed through new techniques—that is, those of governance.