Congressman James Mitchell Ashley, a member of the House of Representatives from 1858 to 1868, was the main sponsor of the Thirteenth Amendment to the American Constitution, which declared the institution of slavery unconstitutional. Rebecca E. Zietlow uses Ashley's life as a unique lens through which to explore the ideological origins of Reconstruction and the constitutional changes of this era. Zietlow recounts how Ashley and his antislavery allies shared an egalitarian free labor ideology that was influenced by the political antislavery movement and the nascent labor movement - a vision that conflicted directly with the institution of slavery. Ashley's story sheds important light on the meaning and power of popular constitutionalism: how the constitution is interpreted outside of the courts and the power that citizens and their elected officials can have in enacting legal change. The book shows how Reconstruction not only expanded racial equality but also transformed the rights of w
While equality laws operate to enable access to information, these laws have limited power over the overriding impact of market forces and copyright laws that focus on restricting access to information. Technology now creates opportunities for everyone in the world, regardless of their abilities or disabilities, to be able to access the written word – yet the print disabled are denied reading equality, and have their access to information limited by laws protecting the mainstream use and consumption of information. The Convention on the Rights of Persons with Disabilities and the World Intellectual Property Organization's Marrakesh Treaty have swept in a new legal paradigm. This book contributes to disability rights scholarship, and builds on ideas of digital equality and rights to access in its analysis of domestic disability anti-discrimination, civil rights, human rights, constitutional rights, copyright and other equality measures that promote and hinder reading equality.
In recent times there has been a dramatic change in the nature and scope of constitutional justice systems in the global south. New or reformed constitutions have proliferated, protecting social, economic, and political rights. While constitutional courts in Latin America have traditionally been used as ways to limit power and preserve the status quo, the evidence shows that they are evolving into a functioning part of contemporary politics and a central component of a system of constitutional justice. This book lays bare the political roots of this transformation, outlining a new way to understand judicial design and the very purpose of constitutional justice. Authors Daniel M. Brinks and Abby Blass use case studies drawn from nineteen Latin American countries over forty years to reveal the ideas behind the new systems of constitutional justice. They show how constitutional designers entrust their hopes and fears to dynamic governance systems, in hopes of directing the development of
This book examines competition and collaboration among Western powers, the socialist bloc, and the Third World for control over humanitarian aid programs during the Cold War. Young-sun Hong's analysis reevaluates the established parameters of German history. On the one hand, global humanitarian efforts functioned as an arena for a three-way political power struggle. On the other, they gave rise to transnational spaces that allowed for multidimensional social and cultural encounters. Hong paints an unexpected view of the global humanitarian regime: Algerian insurgents flown to East Germany for medical care, barefoot Chinese doctors in Tanzania, and West and East German doctors working together in the Congo. She also provides a rich analysis of the experiences of African trainees and Asian nurses in the two Germanys. This book brings an urgently needed historical perspective to contemporary debates on global governance, which largely concern humanitarianism, global health, south-north re
Historians generally portray the 1950s as a conservative era when anticommunism and the Cold War subverted domestic reform, crushed political dissent, and ended liberal dreams of social democracy. These years, historians tell us, represented a turn to the right, a negation of New Deal liberalism, an end to reform. Jennifer A. Delton argues that, far from subverting the New Deal state, anticommunism and the Cold War enabled, fulfilled, and even surpassed the New Deal's reform agenda. Anticommunism solidified liberal political power and the Cold War justified liberal goals such as jobs creation, corporate regulation, economic redevelopment, and civil rights. She shows how despite President Eisenhower's professed conservativism, he maintained the highest tax rates in US history, expanded New Deal programs, and supported major civil rights reforms.
This book examines competition and collaboration among Western powers, the socialist bloc, and the Third World for control over humanitarian aid programs during the Cold War. Young-sun Hong's analysis reevaluates the established parameters of German history. On the one hand, global humanitarian efforts functioned as an arena for a three-way political power struggle. On the other, they gave rise to transnational spaces that allowed for multidimensional social and cultural encounters. Hong paints an unexpected view of the global humanitarian regime: Algerian insurgents flown to East Germany for medical care, barefoot Chinese doctors in Tanzania, and West and East German doctors working together in the Congo. She also provides a rich analysis of the experiences of African trainees and Asian nurses in the two Germanys. This book brings an urgently needed historical perspective to contemporary debates on global governance, which largely concern humanitarianism, global health, south-north re
Historians generally portray the 1950s as a conservative era when anticommunism and the Cold War subverted domestic reform, crushed political dissent, and ended liberal dreams of social democracy. These years, historians tell us, represented a turn to the right, a negation of New Deal liberalism, an end to reform. Jennifer A. Delton argues that, far from subverting the New Deal state, anticommunism and the Cold War enabled, fulfilled, and even surpassed the New Deal's reform agenda. Anticommunism solidified liberal political power and the Cold War justified liberal goals such as jobs creation, corporate regulation, economic redevelopment, and civil rights. She shows how despite President Eisenhower's professed conservativism, he maintained the highest tax rates in US history, expanded New Deal programs, and supported major civil rights reforms.
Why, from Reagan to George Bush, have fundamentalists in religion and in law (originalists) exercised such political power and influence in the United States? Why has the Republican Party forged an ideology of judicial appointments (originalism) hostile to abortion and gay rights? Why and how did Barack Obama distinguish himself among Democratic candidates not only by his opposition to the Iraq war but by his opposition to originalism? This book argues that fundamentalism in both religion and law threatens democratic values and draws its appeal from a patriarchal psychology still alive in our personal and political lives and at threat from the constitutional developments since the 1960s. The argument analyzes this psychology (based on traumatic loss in intimate life) and resistance to it (based on the love of equals). Obama's resistance to originalism arises from his developmental history as a democratic, as opposed to patriarchal, man who resists the patriarchal demands on men and wom
This book is the first history of YIVO, the original center for Yiddish scholarship. Founded by a group of Eastern European intellectuals after World War I, YIVO became both the apex of secular Yiddish culture and the premier institution of Diaspora Nationalism, which fought for Jewish rights throughout the world at a time of rising anti-Semitism. From its headquarters in Vilna, Lithuania, YIVO tried to balance scholarly objectivity with its commitment to the Jewish masses. Using newly recovered documents that were believed destroyed by Hitler and Stalin, Cecile Esther Kuznitz tells for the first time the compelling story of how these scholars built a world-renowned institution despite dire poverty and anti-Semitism. She raises new questions about the relationship between Jewish cultural and political work, and analyzes how nationalism arises outside of state power.
A long-standing debate in American politics is about the proper structure for political parties and the relative power that should be afforded to party professionals versus issue activists. In this book, Byron E. Shafer and Regina L. Wagner draw systematically on new data and indexes to evaluate the extent to which party structure changed from the 1950s on, and what the consequences have been for policy responsiveness, democratic representation, and party alignment across different issue domains. They argue that the reputed triumph of volunteer parties since the 1970s has been less comprehensive than the orthodox narrative assumes, but that the balance of power did shift, with unintended and sometimes perverse consequences. In the process of evaluating its central questions, this book gives an account of how partisan alignments evolved with newly empowered issue activists and major post-war developments from the civil rights movement to the culture wars.
This book is the first detailed examination on a comparative basis of the economic and political relations between the bishops and their cathedral clergy in England during the century and a half after the Conquest. In particular, it is a study of the structure and historical development of the mensal endowments and the redistribution of wealth which led, in the course of time, to the establishment of the chapter as a largely independent body with substantial political power. A description of the constitutional importance of the mensa and its treatment in recent scholarly writing is followed by a discussion of property rights and liberties in the church and the role of the bishop in ecclesiastical and civil government. The core of the book consists of an analysis based on contemporary sources of the episcopal and capitular organisation in each of the ten monastic and seven secular sees.
This book is the first history of YIVO, the original center for Yiddish scholarship. Founded by a group of Eastern European intellectuals after World War I, YIVO became both the apex of secular Yiddish culture and the premier institution of Diaspora Nationalism, which fought for Jewish rights throughout the world at a time of rising anti-Semitism. From its headquarters in Vilna, Lithuania, YIVO tried to balance scholarly objectivity with its commitment to the Jewish masses. Using newly recovered documents that were believed destroyed by Hitler and Stalin, Cecile Esther Kuznitz tells for the first time the compelling story of how these scholars built a world-renowned institution despite dire poverty and anti-Semitism. She raises new questions about the relationship between Jewish cultural and political work, and analyzes how nationalism arises outside of state power.
The synthetic proposition examines the impact of Civil Rights, Black Power, the student, feminist and sexual-liberty movements on conceptualism and its legacies in the United States between the late 1
Shifting power balances in the world are shaking the foundations of the liberal international order and revealing new fault lines at the intersection of human rights and international security. Will t
This book argues that, given the political power the Supreme Court enjoys today, the answer to preserving the separation of powers, democracy, and the American commitment to unalienable human rights i
This book argues that, given the political power the Supreme Court enjoys today, the answer to preserving the separation of powers, democracy, and the American commitment to unalienable human rights i
The American presidency has long tested the capacity of the system of checks and balances to constrain executive power, especially in times of war. While scholars have examined presidents starting military conflicts without congressional authorization or infringing on civil liberties in the name of national security, Stuart Streichler focuses on the conduct of hostilities. Using the treatment of war-on-terror detainees under President George W. Bush as a case study, he integrates international humanitarian law into a constitutional analysis of the repercussions of presidential war powers for human rights around the world.Putting President Bush’s actions in a wider context, Presidential Accountability in Wartime begins with a historical survey of the laws of war, with particular emphasis on the 1949 Geneva Conventions and the Nuremberg Tribunal. Streichler then reconstructs the decision-making process that led to the president’s approval of interrogation methods that violated Geneva’s m
Shifting power balances in the world are shaking the foundations of the liberal international order and revealing new fault lines at the intersection of human rights and international security. Will t
As international organisations gain greater power to monitor and manage the domestic affairs of their member states, the relationship between state sovereignty and international intervention becomes increasingly fraught. This book examines international rule-making in the Global South, tracing how the status of state sovereignty has evolved since decolonization. Coe argues that regional organizations flout the former norm of non-interference, becoming involved in the domestic affairs of their member states in Africa, Latin America, and (to a much lesser extent) Southeast Asia. In the name of democracy, human rights, and security, regional organizations increasingly assume jurisdiction over once off-limits domestic matters: they monitor elections and human rights and they respond to intrastate crises with mediation, fact-finding and sanctions. Coe explores the effects of democratization and economic crisis on regional institutions to explain the uneven development of 'intrusive regional
The fourth volume of The Cambridge History of America and the World examines the heights of American global power in the mid-twentieth century and how challenges from at home and abroad altered the United States and its role in the world. The second half of the twentieth century marked the pinnacle of American global power in economic, political, and cultural terms, but even as it reached such heights, the United States quickly faced new challenges to its power, originating both domestically and internationally. Highlighting cutting-edge ideas from scholars from all over the world, this volume anatomizes American power as well as the counters and alternatives to 'the American empire.' Topics include US economic and military power, American culture overseas, human rights and humanitarianism, third-world internationalism, immigration, communications technology, and the Anthropocene.
