Books by "William N. Eskridge"
5 books found
Evaluating American Democracy and Public Policymaking
by William D. Schreckhise
2018 · Bloomsbury Publishing USA
Lurking in the back of the minds of many students of American government is the question, “How well does the American political system work?” This book examines this in a way that is broad in approach and accessible to readers. Such an ambitious examination of the effectiveness of the American policymaking system leads to one inescapable question: how can you measure “effectiveness?” The answer taken in this book is to employ a number of different criteria. These criteria include: •the public’s attitudes towards the institutions of government •the degree in which all participate equally in political activities •the level of which public policy is responsive to public opinion •the ability of the actors in the process to create effective public policy •the extent the political system imposes costs and benefits on us equally, regardless of our economic condition race, gender, or age In doing so, this book ties together and expands upon numerous scholarly studies conducted on American public policymaking and uses David Truman’s Systems Model as a conceptual guide. Because of the large amount of data presented, the book will also serve as a reference source for others conducting research on American public policy.
A bold call to reclaim an American tradition that argues the Constitution imposes a duty on government to fight oligarchy and ensure broadly shared wealth. Oligarchy is a threat to the American republic. When too much economic and political power is concentrated in too few hands, we risk losing the Òrepublican form of governmentÓ the Constitution requires. Today, courts enforce the Constitution as if it has almost nothing to say about this threat. But as Joseph Fishkin and William Forbath show in this revolutionary retelling of constitutional history, a commitment to prevent oligarchy once stood at the center of a robust tradition in American political and constitutional thought. Fishkin and Forbath demonstrate that reformers, legislators, and even judges working in this Òdemocracy of opportunityÓ tradition understood that the Constitution imposes a duty on legislatures to thwart oligarchy and promote a broad distribution of wealth and political power. These ideas led Jacksonians to fight special economic privileges for the few, Populists to try to break up monopoly power, and Progressives to fight for the constitutional right to form a union. During Reconstruction, Radical Republicans argued in this tradition that racial equality required breaking up the oligarchy of slave power and distributing wealth and opportunity to former slaves and their descendants. President Franklin Roosevelt and the New Dealers built their politics around this tradition, winning the fight against the Òeconomic royalistsÓ and Òindustrial despots.Ó But today, as we enter a new Gilded Age, this tradition in progressive American economic and political thought lies dormant. The Anti-Oligarchy Constitution begins the work of recovering it and exploring its profound implications for our deeply unequal society and badly damaged democracy.
A history of the discretion accorded U.S. judges in interpreting legislation (from the Revolution to the present), culminating in the author's own theory of the proper scope of judicial discretion.
American democracy is commonly described as "majoritarian," but Robert W. Bennett argues that it is more usefully understood as "an extraordinary engine for producing conversation about public affairs" that involves essentially the entire adult citizenry. In Bennett's view, many central features of American democracy act as spurs to wide-ranging conversational interaction between the government and the governed. These included a separately elected executive, bicameralism, federalism, localism, single-member legislative districts, and heightened constitutional protection for speech and the press. Bennett asserts that the resulting democratic conversation plays an important role in holding the entire nation together and in inducing fidelity on the part of citizens to actions taken in its name.Bennett's groundbreaking conversational account also illuminates facets of American democracy which, he says, have heretofore "been blurry, if visible at all." He focuses on four puzzles of American democracy that can be "solved" through his approach. These are: lack of concern about the apportionment of the United States Senate; inattention to the anomalous political treatment of children; the perceived "counter-majoritarianism" of judicial review in enforcement of the U.S. Constitution; and the much-discussed paradox of voting: why do so many citizens vote when their individual ballots have almost no chance of changing election outcomes? Bennett also treats methodological questions of just what makes theories of complex social phenomena (like American democracy) more or less successful.
Defending Same-Sex Marriage
by Martin Dupuis, William A. Thompson, Traci C. West
2006 · Bloomsbury Publishing USA
Today we find ourselves at a crossroads of two powerful, unrelenting currents that are completely at odds with one another. The movement for legal recognition of same-sex unions has gone beyond the separate but equal status of civil unions to demand equality in marriage for all couples. Progress is being made on many fronts: mayoral action, clergy officiating at same-sex marriage and union ceremonies, state legislative responses, and street protests, to name a few. Meanwhile, opposition to same-sex marriage has also been gathering strength. The struggle is sure to continue unabated for some time to come, pitting those who believe in the traditional definition of marriage as a union between a man and a woman—and who seek to codify this belief in the U.S. Constitution—against those who find the basis for marriage between two loving, committed individuals not only in the history of our civil rights legislation and court decisions, but also in scripture and sacred religious traditions. Those who believe in extending to same-sex couples the 1,049 rights conferred by marriage as well as the supportive embrace of religious communities seek to strengthen the institution of marriage by making it inclusive and by passing laws and broadening doctrines to uphold marriage rights for all couples. This three-volume set clarifies the legal, political, religious, cultural, and social ramifications of same-sex marriage for gay and lesbian couples and their families and friends, and for the general public interested in the future of civil rights in the United States.