Purchasing Submission

2021-09-07 Law

Author : Philip Hamburger
Release : 2021-09-07
Genre : Law
Kind : eBook
Book Rating : 231/5 ( reviews)

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Book Synopsis Purchasing Submission by : Philip Hamburger

Download or read book Purchasing Submission written by Philip Hamburger. This book was released on 2021-09-07. Available in PDF, EPUB and Kindle. Book excerpt: From a leading constitutional scholar, an important study of a powerful mode of government control: the offer of money and other privileges to secure submission to unconstitutional power. The federal government increasingly regulates by using money and other benefits to induce private parties and states to submit to its conditions. It thereby enjoys a formidable power, which sidesteps a wide range of constitutional and political limits. Conditions are conventionally understood as a somewhat technical problem of Òunconstitutional conditionsÓÑthose that threaten constitutional rightsÑbut at stake is something much broader and more interesting. With a growing ability to offer vast sums of money and invaluable privileges such as licenses and reduced sentences, the federal government increasingly regulates by placing conditions on its generosity. In this way, it departs not only from the ConstitutionÕs rights but also from its avenues of binding power, thereby securing submission to conditions that regulate, that defeat state laws, that commandeer and reconfigure state governments, that extort, and even that turn private and state institutions into regulatory agents. The problem is expansive, including almost the full range of governance. Conditions need to be recognized as a new mode of powerÑan irregular pathwayÑby which government induces Americans to submit to a wide range of unconstitutional arrangements. Purchasing Submission is the first book to recognize this problem. It explores the danger in depth and suggests how it can be redressed with familiar and practicable legal tools.

Sovereignty Or Submission

2011 Law

Author : John Fonte
Release : 2011
Genre : Law
Kind : eBook
Book Rating : 296/5 ( reviews)

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Book Synopsis Sovereignty Or Submission by : John Fonte

Download or read book Sovereignty Or Submission written by John Fonte. This book was released on 2011. Available in PDF, EPUB and Kindle. Book excerpt: The International Criminal Court claims authority over Americans for actions that the United States does not define as “crimes.” In short, the Twenty-First Century is witnessing an epic struggle between the forces of global governance and American constitutional democracy. Transnational progressives and transnational pragmatists in the UN, EU, post-modern states of Europe, NGOs, corporations, prominent foundations, and most importantly, in America’s leading elites, seek to establish “global governance.” Further, they understand that in order to achieve global governance, American sovereignty must be subordinated to the “global rule of law.” The U.S. Constitution must incorporate “evolving norms of international law.”Sovereignty or Submissionexamines this process with crystalline clarity and alerts the American public to the danger ahead. Global governance seeks legitimacy not in democracy, but in a partisan interpretation of human rights. It would shift power from democracies (U.S., Israel, India) to post-democratic authorities, such as the judges of the International Criminal Court. Global governance is a new political form (a rival to liberal democracy), that is already a significant actor on the world stage. America faces serious challenges from radical Islam and a rising China. Simultaneously, it faces a third challenge (global governance) that is internal to the democratic world; is non-violent; but nonetheless threatens constitutional self-government. Although it seems unlikely that the utopian goals of the globalists could be fully achieved, if they continue to obtain a wide spread influence over mainstream elite opinion, they could disable and disarm democratic self-government at home and abroad. The result would be the slow suicide of American liberal democracy. Whichever side prevails, the existential conflict'global governance versus American sovereignty (and democratic self-government in general) will be at the heart of world politics as far as the eye can see.

Is Administrative Law Unlawful?

2014-05-27 Law

Author : Philip Hamburger
Release : 2014-05-27
Genre : Law
Kind : eBook
Book Rating : 45X/5 ( reviews)

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Book Synopsis Is Administrative Law Unlawful? by : Philip Hamburger

Download or read book Is Administrative Law Unlawful? written by Philip Hamburger. This book was released on 2014-05-27. Available in PDF, EPUB and Kindle. Book excerpt: “Hamburger argues persuasively that America has overlaid its constitutional system with a form of governance that is both alien and dangerous.” —Law and Politics Book Review While the federal government traditionally could constrain liberty only through acts of Congress and the courts, the executive branch has increasingly come to control Americans through its own administrative rules and adjudication, thus raising disturbing questions about the effect of this sort of state power on American government and society. With Is Administrative Law Unlawful?, Philip Hamburger answers this question in the affirmative, offering a revisionist account of administrative law. Rather than accepting it as a novel power necessitated by modern society, he locates its origins in the medieval and early modern English tradition of royal prerogative. Then he traces resistance to administrative law from the Middle Ages to the present. Medieval parliaments periodically tried to confine the Crown to governing through regular law, but the most effective response was the seventeenth-century development of English constitutional law, which concluded that the government could rule only through the law of the land and the courts, not through administrative edicts. Although the US Constitution pursued this conclusion even more vigorously, administrative power reemerged in the Progressive and New Deal Eras. Since then, Hamburger argues, administrative law has returned American government and society to precisely the sort of consolidated or absolute power that the US Constitution—and constitutions in general—were designed to prevent. With a clear yet many-layered argument that draws on history, law, and legal thought, Is Administrative Law Unlawful? reveals administrative law to be not a benign, natural outgrowth of contemporary government but a pernicious—and profoundly unlawful—return to dangerous pre-constitutional absolutism.

Model Rules of Professional Conduct

2007 Law

Author : American Bar Association. House of Delegates
Release : 2007
Genre : Law
Kind : eBook
Book Rating : 737/5 ( reviews)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates. This book was released on 2007. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Submission

2016-09-08 Fiction

Author : Michel Houellebecq
Release : 2016-09-08
Genre : Fiction
Kind : eBook
Book Rating : 613/5 ( reviews)

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Book Synopsis Submission by : Michel Houellebecq

Download or read book Submission written by Michel Houellebecq. This book was released on 2016-09-08. Available in PDF, EPUB and Kindle. Book excerpt: As the 2022 French Presidential election looms, two candidates emerge as favourites: Marine Le Pen of the Front National, and the charismatic Muhammed Ben Abbes of the growing Muslim Fraternity. Forming a controversial alliance with the political left to block the Front National’s alarming ascendency, Ben Abbes sweeps to power, and overnight the country is transformed. This proves to be the death knell of French secularism, as Islamic law comes into force: women are veiled, polygamy is encouraged and, for our narrator François – misanthropic, middle-aged and alienated – life is set on a new course. Submission is a devastating satire, comic and melancholy by turns, and a profound meditation on faith and meaning in Western society.

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