Author: Joseph F. Zimmerman
Publisher: State University of New York Press
ISBN: 0791479668
Category : Political Science
Languages : en
Pages : 298
Book Description
The Silence of Congress is the first book to examine state taxation of interstate commerce and the relative inactivity on the part of Congress to regulate such commerce. As states actively seek to maximize tax revenues, congressional silence has affected both citizens and corporations and resulted in myriad tax inequalities from one state to another on such things as personal income, estates, cigarettes and alcoholic beverages, tourism, and even visiting athlete status. Inconsistencies also affect a state's ability to attract and hold lucrative business investments such as sports franchises and gambling facilities. Noting that Congress has been slow to take advantage of the broad powers granted it by the United States Constitution in this area, Joseph F. Zimmerman evaluates the usefulness of Adam Smith's four universally acclaimed maxims of fair taxation and recommends changes to ground rules that would increase cooperation between states while aiding in the creation of a more perfect economic union.
The Silence of Congress
Author: Joseph F. Zimmerman
Publisher: State University of New York Press
ISBN: 0791479668
Category : Political Science
Languages : en
Pages : 298
Book Description
The Silence of Congress is the first book to examine state taxation of interstate commerce and the relative inactivity on the part of Congress to regulate such commerce. As states actively seek to maximize tax revenues, congressional silence has affected both citizens and corporations and resulted in myriad tax inequalities from one state to another on such things as personal income, estates, cigarettes and alcoholic beverages, tourism, and even visiting athlete status. Inconsistencies also affect a state's ability to attract and hold lucrative business investments such as sports franchises and gambling facilities. Noting that Congress has been slow to take advantage of the broad powers granted it by the United States Constitution in this area, Joseph F. Zimmerman evaluates the usefulness of Adam Smith's four universally acclaimed maxims of fair taxation and recommends changes to ground rules that would increase cooperation between states while aiding in the creation of a more perfect economic union.
Publisher: State University of New York Press
ISBN: 0791479668
Category : Political Science
Languages : en
Pages : 298
Book Description
The Silence of Congress is the first book to examine state taxation of interstate commerce and the relative inactivity on the part of Congress to regulate such commerce. As states actively seek to maximize tax revenues, congressional silence has affected both citizens and corporations and resulted in myriad tax inequalities from one state to another on such things as personal income, estates, cigarettes and alcoholic beverages, tourism, and even visiting athlete status. Inconsistencies also affect a state's ability to attract and hold lucrative business investments such as sports franchises and gambling facilities. Noting that Congress has been slow to take advantage of the broad powers granted it by the United States Constitution in this area, Joseph F. Zimmerman evaluates the usefulness of Adam Smith's four universally acclaimed maxims of fair taxation and recommends changes to ground rules that would increase cooperation between states while aiding in the creation of a more perfect economic union.
Some Reflections on the Reading of Statutes
Author: Felix Frankfurter
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 40
Book Description
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 40
Book Description
Congressional Record
Author: United States. Congress
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1480
Book Description
The Congressional Record is the official record of the proceedings and debates of the United States Congress. It is published daily when Congress is in session. The Congressional Record began publication in 1873. Debates for sessions prior to 1873 are recorded in The Debates and Proceedings in the Congress of the United States (1789-1824), the Register of Debates in Congress (1824-1837), and the Congressional Globe (1833-1873)
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1480
Book Description
The Congressional Record is the official record of the proceedings and debates of the United States Congress. It is published daily when Congress is in session. The Congressional Record began publication in 1873. Debates for sessions prior to 1873 are recorded in The Debates and Proceedings in the Congress of the United States (1789-1824), the Register of Debates in Congress (1824-1837), and the Congressional Globe (1833-1873)
The Broken Branch
Author: Thomas E. Mann
Publisher: Oxford University Press
ISBN: 0195368711
Category : History
Languages : en
Pages : 289
Book Description
Two nationally renowned congressional scholars review the evolution of Congress from the early days of the republic to 2006, arguing that extreme partisanship and a disregard for institutional procedures are responsible for the institution's current state of dysfunction.
Publisher: Oxford University Press
ISBN: 0195368711
Category : History
Languages : en
Pages : 289
Book Description
Two nationally renowned congressional scholars review the evolution of Congress from the early days of the republic to 2006, arguing that extreme partisanship and a disregard for institutional procedures are responsible for the institution's current state of dysfunction.
The Field of Blood
Author: Joanne B. Freeman
Publisher: Farrar, Straus and Giroux
ISBN: 0374717613
Category : Political Science
Languages : en
Pages : 309
Book Description
"One of the best history books I've read in the last few years." —Chris Hayes The Field of Blood recounts the previously untold story of the violence in Congress that helped spark the Civil War. A NEW YORK TIMES NOTABLE BOOK OF THE YEAR AN NPR BEST BOOK OF THE YEAR ONE OF SMITHSONIAN'S BEST HISTORY BOOKS OF THE YEAR Historian Joanne B. Freeman recovers the long-lost story of physical violence on the floor of the U.S. Congress. Drawing on an extraordinary range of sources, she shows that the Capitol was rife with conflict in the decades before the Civil War. Legislative sessions were often punctuated by mortal threats, canings, flipped desks, and all-out slugfests. When debate broke down, congressmen drew pistols and waved Bowie knives. One representative even killed another in a duel. Many were beaten and bullied in an attempt to intimidate them into compliance, particularly on the issue of slavery. These fights didn’t happen in a vacuum. Freeman’s dramatic accounts of brawls and thrashings tell a larger story of how fisticuffs and journalism, and the powerful emotions they elicited, raised tensions between North and South and led toward war. In the process, she brings the antebellum Congress to life, revealing its rough realities—the feel, sense, and sound of it—as well as its nation-shaping import. Funny, tragic, and rivetingly told, The Field of Blood offers a front-row view of congressional mayhem and sheds new light on the careers of John Quincy Adams, Henry Clay, and other luminaries, as well as introducing a host of lesser-known but no less fascinating men. The result is a fresh understanding of the workings of American democracy and the bonds of Union on the eve of their greatest peril.
Publisher: Farrar, Straus and Giroux
ISBN: 0374717613
Category : Political Science
Languages : en
Pages : 309
Book Description
"One of the best history books I've read in the last few years." —Chris Hayes The Field of Blood recounts the previously untold story of the violence in Congress that helped spark the Civil War. A NEW YORK TIMES NOTABLE BOOK OF THE YEAR AN NPR BEST BOOK OF THE YEAR ONE OF SMITHSONIAN'S BEST HISTORY BOOKS OF THE YEAR Historian Joanne B. Freeman recovers the long-lost story of physical violence on the floor of the U.S. Congress. Drawing on an extraordinary range of sources, she shows that the Capitol was rife with conflict in the decades before the Civil War. Legislative sessions were often punctuated by mortal threats, canings, flipped desks, and all-out slugfests. When debate broke down, congressmen drew pistols and waved Bowie knives. One representative even killed another in a duel. Many were beaten and bullied in an attempt to intimidate them into compliance, particularly on the issue of slavery. These fights didn’t happen in a vacuum. Freeman’s dramatic accounts of brawls and thrashings tell a larger story of how fisticuffs and journalism, and the powerful emotions they elicited, raised tensions between North and South and led toward war. In the process, she brings the antebellum Congress to life, revealing its rough realities—the feel, sense, and sound of it—as well as its nation-shaping import. Funny, tragic, and rivetingly told, The Field of Blood offers a front-row view of congressional mayhem and sheds new light on the careers of John Quincy Adams, Henry Clay, and other luminaries, as well as introducing a host of lesser-known but no less fascinating men. The result is a fresh understanding of the workings of American democracy and the bonds of Union on the eve of their greatest peril.
Congress's Constitution
Author: Joshua Aaron Chafetz
Publisher: Yale University Press
ISBN: 0300197101
Category : History
Languages : en
Pages : 449
Book Description
Cover -- Half Title -- Title -- Copyright -- Dedication -- Contents -- Acknowledgments -- Introduction -- PART ONE: SEPARATION-OF-POWERS MULTIPLICITY -- Prelude -- 1 Political Institutions in the Public Sphere -- 2 The Role of Congress -- PART TWO: CONGRESSIONAL HARD POWERS -- 3 The Power of the Purse -- 4 The Personnel Power -- 5 Contempt of Congress -- PART THREE: CONGRESSIONAL SOFT POWERS -- 6 The Freedom of Speech or Debate -- 7 Internal Discipline -- 8 Cameral Rules -- Conclusion: Toward a Normative Evaluation -- Notes -- Index -- A -- B -- C -- D -- E -- F -- G -- H -- I -- J -- K -- L -- M -- N -- O -- P -- Q -- R -- S -- T -- U -- V -- W -- Y -- Z
Publisher: Yale University Press
ISBN: 0300197101
Category : History
Languages : en
Pages : 449
Book Description
Cover -- Half Title -- Title -- Copyright -- Dedication -- Contents -- Acknowledgments -- Introduction -- PART ONE: SEPARATION-OF-POWERS MULTIPLICITY -- Prelude -- 1 Political Institutions in the Public Sphere -- 2 The Role of Congress -- PART TWO: CONGRESSIONAL HARD POWERS -- 3 The Power of the Purse -- 4 The Personnel Power -- 5 Contempt of Congress -- PART THREE: CONGRESSIONAL SOFT POWERS -- 6 The Freedom of Speech or Debate -- 7 Internal Discipline -- 8 Cameral Rules -- Conclusion: Toward a Normative Evaluation -- Notes -- Index -- A -- B -- C -- D -- E -- F -- G -- H -- I -- J -- K -- L -- M -- N -- O -- P -- Q -- R -- S -- T -- U -- V -- W -- Y -- Z
Constitutional Dysfunction on Trial
Author: Jasmine Farrier
Publisher: Cornell University Press
ISBN: 150174447X
Category : Law
Languages : en
Pages : 124
Book Description
In an original assessment of all three branches, Jasmine Farrier reveals a new way in which the American federal system is broken. Turning away from the partisan narratives of everyday politics, Constitutional Dysfunction on Trial diagnoses the deeper and bipartisan nature of imbalance of power that undermines public deliberation and accountability, especially on war powers. By focusing on the lawsuits brought by Congressional members that challenge presidential unilateralism, Farrier provides a new diagnostic lens on the permanent institutional problems that have undermined the separation of powers system in the last five decades, across a diverse array of partisan and policy landscapes. As each chapter demonstrates, member lawsuits are an outlet for frustrated members of both parties who cannot get their House and Senate colleagues to confront overweening presidential action through normal legislative processes. But these lawsuits often backfire – leaving Congress as an institution even more disadvantaged. Jasmine Farrier argues these suits are more symptoms of constitutional dysfunction than the cure. Constitutional Dysfunction on Trial shows federal judges will not and cannot restore the separation of powers system alone. Fifty years of congressional atrophy cannot be reversed in court.
Publisher: Cornell University Press
ISBN: 150174447X
Category : Law
Languages : en
Pages : 124
Book Description
In an original assessment of all three branches, Jasmine Farrier reveals a new way in which the American federal system is broken. Turning away from the partisan narratives of everyday politics, Constitutional Dysfunction on Trial diagnoses the deeper and bipartisan nature of imbalance of power that undermines public deliberation and accountability, especially on war powers. By focusing on the lawsuits brought by Congressional members that challenge presidential unilateralism, Farrier provides a new diagnostic lens on the permanent institutional problems that have undermined the separation of powers system in the last five decades, across a diverse array of partisan and policy landscapes. As each chapter demonstrates, member lawsuits are an outlet for frustrated members of both parties who cannot get their House and Senate colleagues to confront overweening presidential action through normal legislative processes. But these lawsuits often backfire – leaving Congress as an institution even more disadvantaged. Jasmine Farrier argues these suits are more symptoms of constitutional dysfunction than the cure. Constitutional Dysfunction on Trial shows federal judges will not and cannot restore the separation of powers system alone. Fifty years of congressional atrophy cannot be reversed in court.
How to Read the Constitution—and Why
Author: Kim Wehle
Publisher: HarperCollins
ISBN: 0062896318
Category : Political Science
Languages : en
Pages : 449
Book Description
“A must-read for this era” that lays out in common sense language how the US Constitution works, and how its protections are eroding before our eyes (Jake Tapper, CNN Anchor and Chief Washington Correspondent). The Constitution is the most significant document in America. But do you fully understand what it means to you? In How to Read the Constitution—and Why, legal expert and educator Kimberly Wehle spells out in clear, simple, and common-sense language what is in the Constitution, and most importantly, what it means. In compelling terms and including text from the United States Constitution, she describes how its protections are eroding—not only in express terms but by virtue of the many legal and social norms that no longer shore up its legitimacy—and why every American needs to heed to this “red flag” moment. This invaluable—and timely—resource includes the Constitution in its entirety and covers nearly every significant aspect of the text, from the powers of the President and how the three branches of government are designed to hold each other accountable, to what it means to have individual rights—including free speech, the right to bear arms, the right to be free from unreasonable searches and seizures, and the right to an abortion. Finally, the book explains why it has never been more important than now for all Americans to know how our Constitution works—and why, if we don’t step in to protect it, we could lose its protections forever. How to Read the Constitution—and Why is essential reading for anyone who cares about maintaining an accountable government and the individual freedoms that the Constitution enshrines for everyone in America—regardless of political party.
Publisher: HarperCollins
ISBN: 0062896318
Category : Political Science
Languages : en
Pages : 449
Book Description
“A must-read for this era” that lays out in common sense language how the US Constitution works, and how its protections are eroding before our eyes (Jake Tapper, CNN Anchor and Chief Washington Correspondent). The Constitution is the most significant document in America. But do you fully understand what it means to you? In How to Read the Constitution—and Why, legal expert and educator Kimberly Wehle spells out in clear, simple, and common-sense language what is in the Constitution, and most importantly, what it means. In compelling terms and including text from the United States Constitution, she describes how its protections are eroding—not only in express terms but by virtue of the many legal and social norms that no longer shore up its legitimacy—and why every American needs to heed to this “red flag” moment. This invaluable—and timely—resource includes the Constitution in its entirety and covers nearly every significant aspect of the text, from the powers of the President and how the three branches of government are designed to hold each other accountable, to what it means to have individual rights—including free speech, the right to bear arms, the right to be free from unreasonable searches and seizures, and the right to an abortion. Finally, the book explains why it has never been more important than now for all Americans to know how our Constitution works—and why, if we don’t step in to protect it, we could lose its protections forever. How to Read the Constitution—and Why is essential reading for anyone who cares about maintaining an accountable government and the individual freedoms that the Constitution enshrines for everyone in America—regardless of political party.
Constitutional Government in the United States
Author: Woodrow Wilson
Publisher:
ISBN:
Category : Constitutional history
Languages : en
Pages : 254
Book Description
Publisher:
ISBN:
Category : Constitutional history
Languages : en
Pages : 254
Book Description
Free Speech and the Regulation of Social Media Content
Author: Valerie C. Brannon
Publisher: Independently Published
ISBN: 9781092635158
Category : Law
Languages : en
Pages : 50
Book Description
As the Supreme Court has recognized, social media sites like Facebook and Twitter have become important venues for users to exercise free speech rights protected under the First Amendment. Commentators and legislators, however, have questioned whether these social media platforms are living up to their reputation as digital public forums. Some have expressed concern that these sites are not doing enough to counter violent or false speech. At the same time, many argue that the platforms are unfairly banning and restricting access to potentially valuable speech. Currently, federal law does not offer much recourse for social media users who seek to challenge a social media provider's decision about whether and how to present a user's content. Lawsuits predicated on these sites' decisions to host or remove content have been largely unsuccessful, facing at least two significant barriers under existing federal law. First, while individuals have sometimes alleged that these companies violated their free speech rights by discriminating against users' content, courts have held that the First Amendment, which provides protection against state action, is not implicated by the actions of these private companies. Second, courts have concluded that many non-constitutional claims are barred by Section 230 of the Communications Decency Act, 47 U.S.C. § 230, which provides immunity to providers of interactive computer services, including social media providers, both for certain decisions to host content created by others and for actions taken "voluntarily" and "in good faith" to restrict access to "objectionable" material. Some have argued that Congress should step in to regulate social media sites. Government action regulating internet content would constitute state action that may implicate the First Amendment. In particular, social media providers may argue that government regulations impermissibly infringe on the providers' own constitutional free speech rights. Legal commentators have argued that when social media platforms decide whether and how to post users' content, these publication decisions are themselves protected under the First Amendment. There are few court decisions evaluating whether a social media site, by virtue of publishing, organizing, or even editing protected speech, is itself exercising free speech rights. Consequently, commentators have largely analyzed the question of whether the First Amendment protects a social media site's publication decisions by analogy to other types of First Amendment cases. There are at least three possible frameworks for analyzing governmental restrictions on social media sites' ability to moderate user content. Which of these three frameworks applies will depend largely on the particular action being regulated. Under existing law, social media platforms may be more likely to receive First Amendment protection when they exercise more editorial discretion in presenting user-generated content, rather than if they neutrally transmit all such content. In addition, certain types of speech receive less protection under the First Amendment. Courts may be more likely to uphold regulations targeting certain disfavored categories of speech such as obscenity or speech inciting violence. Finally, if a law targets a social media site's conduct rather than speech, it may not trigger the protections of the First Amendment at all.
Publisher: Independently Published
ISBN: 9781092635158
Category : Law
Languages : en
Pages : 50
Book Description
As the Supreme Court has recognized, social media sites like Facebook and Twitter have become important venues for users to exercise free speech rights protected under the First Amendment. Commentators and legislators, however, have questioned whether these social media platforms are living up to their reputation as digital public forums. Some have expressed concern that these sites are not doing enough to counter violent or false speech. At the same time, many argue that the platforms are unfairly banning and restricting access to potentially valuable speech. Currently, federal law does not offer much recourse for social media users who seek to challenge a social media provider's decision about whether and how to present a user's content. Lawsuits predicated on these sites' decisions to host or remove content have been largely unsuccessful, facing at least two significant barriers under existing federal law. First, while individuals have sometimes alleged that these companies violated their free speech rights by discriminating against users' content, courts have held that the First Amendment, which provides protection against state action, is not implicated by the actions of these private companies. Second, courts have concluded that many non-constitutional claims are barred by Section 230 of the Communications Decency Act, 47 U.S.C. § 230, which provides immunity to providers of interactive computer services, including social media providers, both for certain decisions to host content created by others and for actions taken "voluntarily" and "in good faith" to restrict access to "objectionable" material. Some have argued that Congress should step in to regulate social media sites. Government action regulating internet content would constitute state action that may implicate the First Amendment. In particular, social media providers may argue that government regulations impermissibly infringe on the providers' own constitutional free speech rights. Legal commentators have argued that when social media platforms decide whether and how to post users' content, these publication decisions are themselves protected under the First Amendment. There are few court decisions evaluating whether a social media site, by virtue of publishing, organizing, or even editing protected speech, is itself exercising free speech rights. Consequently, commentators have largely analyzed the question of whether the First Amendment protects a social media site's publication decisions by analogy to other types of First Amendment cases. There are at least three possible frameworks for analyzing governmental restrictions on social media sites' ability to moderate user content. Which of these three frameworks applies will depend largely on the particular action being regulated. Under existing law, social media platforms may be more likely to receive First Amendment protection when they exercise more editorial discretion in presenting user-generated content, rather than if they neutrally transmit all such content. In addition, certain types of speech receive less protection under the First Amendment. Courts may be more likely to uphold regulations targeting certain disfavored categories of speech such as obscenity or speech inciting violence. Finally, if a law targets a social media site's conduct rather than speech, it may not trigger the protections of the First Amendment at all.