沃伦法院与美国议席分配制度改革

20世纪 6 0年代 ,在种族隔离的樊篱被厄尔·沃伦领导下的联邦最高法院铲除后 ,议席分配不公正便成为当时美国宪政中最大的政治问题。它不仅加剧了城市问题的恶化和城乡之间的矛盾冲突 ,而且也极大地侵犯了公民的平等宪法权利 ,成为诱发美国社会动荡的一大潜在的威胁。根据美国的宪政传统 ,议席分配属州议会和联邦国会的管辖范围 ,但由于两级立法机关都为乡村保守势力所控制 ,因此 ,依靠立法机关改革不公正的议席分配制度步履维艰。然而 ,在沃伦法院司法自由主义的直接推动下 ,美国社会掀起了一场席卷全国的“议席分配革命” ,在数年内一举完…     

The Supreme Court Argument that Saved the Union: Richard Henry Dana, Jr., and the Prize Cases

On January 1, 1863, Abraham Lincoln signed the Emancipation Proclamation, claiming constitutional authority to do so “as a fit and necessary war measure.” The epic struggle between North and South had been raging for nearly two years. There were over a million soldiers under arms. At Antietam there had been more than 20,000 casualties in the bloodiest single day of battle in American history. ¹ But was it, in point of law, a war?     

Courting the Right: Richard Nixon's 1968 Campaign against the Warren Court

When you look at what the United States Supreme Court has done to hamper law enforcement and realize the difficulties the police now have in getting convictions in the first place, I wonder if we truly have representative government anymore. ¹ The main emphasis is on demagogic appeal; crime is the communism issue of 1968. This is the extent to which apparently there is a new Nixon. ²     

Public Diplomacy in the U.S. Supreme Court: The Warren Years—Part I

The Prime Minister of the Republic of India, Jawaharlal Nehru, and his daughter, Mrs. Indira Gandhi, wandered down the hallway adorned with portraits of Justices in the U.S. Supreme Court building before entering the East Conference Room. There, they were warmly greeted by Chief Justice Earl Warren and his wife, Nina, who had been the Prime Minister's guests in New Delhi only four months earlier. In Washington, Nehru was the special guest of the Warrens, the first ruling head of state to be honored with a formal dinner at the Supreme Court. In attendance were a small but powerful delegation of Indian diplomats and most of the Justices and their wives. In the crisp evening of December 16, 1956, the temperature had dropped to 39 degrees, and the Prime Minister wore a black achkan, the South Asian coat that Americans came to call “a Nehru jacket,” adorned with his trademark red rose in the breast pocket and a white Congress cap. The Indian ladies dressed in striking saris, while the Western women wore long formal gowns.     

Davies,John Paton,Jr.,China Hand: An Autobiography

John Paton Davies's story is familiar to students of China-U.S.relations.Born to missionary parents in Sichuan,Davies joined the Foreign Service in 1931 after his itinerant undergraduate years.Through language training in Beijing and postings in Kunming,Shenyang,and Hankou,Davies built a reputation as one of the State Department's most capable China hands.When the Japanese bombed Pearl Harbor,he was working at State's Far Eastern Affairs desk.Eager to return to China—or just get out of Washington—Davies urged Major General Joseph Stilwell,who was rumoured to be leading an American military mission to Chongqing,to take him along.Davies got his wish a few months later and spent most of the wartime in China as Stilwell's civilian aid.After the war,Davies,who had predicted that Mao Zedong's Communists would triumph over Jiang Jieshi's Nationalists once the Japanese surrendered,became a target of Senator Joseph McCarthy's anti-Communist accusations.Secretary of State John Foster Dulles fired him in 1954 after his ninth appearance before the State Department's Loyalty Security Board.Disgusted with the politics in America,Davies and his family left the country and lived many years in Peru.Though he returned to America in the 1960s and wrote on foreign affairs,Davies never again served in government.     

Political theory in the Australian Journal of Political Science: A review

The place of political theory in AJPS has historically been a fairly marginal one, partly because Australia does not seem to have a strong national tradition of political theorizing. This is thought to be a function of living in a nation that never produced a great political theorist and was born neither in revolution or utopianism. Yet, although there has been a marked absence of high theory or exegetically-inclined history of ideas over the life of the journal, theorists have responded by contributing work that usefully illuminates applied problems with theoretical insight. Further, it may be the case that there is a peculiarly Australian style of political theory that is pragmatic and self-consciously embedded within our institutions and political culture. The paper explores this and other means by which Australian theorists have adapted in order to retain a presence within the journal.     

Renewing the Political Perspective: Reflections on James Ceaser,Political Science,and Liberal Democracy

Abstract

This is a response to the contributions to the symposium on David Walsh's trilogy on modernity: After Ideology (1990), The Growth of the Liberal Soul (1997), and The Modern Philosophical Revolution (2008). After expressing appreciation for the careful reading the work has received, it enters into a reflection on the underlying unity of the studies. This is intended to address the common concerns that center on the issue of how the modern world is to be understood. It emphasizes the impossibility of separating the attempt to understand modernity from the need to take responsibility for it. This is the perspective that has illuminated the totalitarian catharsis, the durability of liberal political regimes, and the existential turn within modern philosophy. In the latter part of the essay, a response is offered to specific objections and characterizations that individual symposiasts raise.     

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.