FEDERALISM: THE CONDITIONS FOR THE POSSIBILITY OF THE FORMATION AND MAIN CHARACTERISTICS

2015 ◽  
Vol 1 (4) ◽  
pp. 0-0
Author(s):  
. Паулу Роберту Барбоса Рамос ◽  
. Paulu Robertu Barbosa Ramos
Keyword(s):  
United States ◽  
Central Government ◽  
Political Power ◽  
The United States ◽  
The State ◽  
Federal State ◽  
Constitutional Court ◽  
Federal States ◽  
The Usa ◽  
The Government

The author analyzes the issues of appearance and consolidation of the idea of federalism in the Constitution of the various states and examines the characteristics of federalism. The Confederate state model has failed in the United States, as could not find a political formula that could justify the possibility of execution by the central government of its functions with the greatest efficiency. The adoption of a new formula for the exercise of political power in the USA by choosing representatives as well as the gradual accession of Member States allowed the US to overcome the disadvantages of the confederate model, which made it impossible to peaceful coexistence and effective state. The term “federal state” first appeared in German literature as most accurately reflects the context and the difference with the concept of “confederation”. As a new form of organization of the state a federal state was seen in the United States, and later in Sweden, Germany and Brazil. Despite the fact that the Americans are the creators of the phenomenon of federalism, the Constitution of the United States of 1787 does not contain any mention of the federation, federalism, or federal states. In any case, nothing takes away from the merits of Americans in the “invention of the formula” of federalism, which has undergone some changes depending on the location and the conditions which apply. The government, which wants to be called a federal, must have a constitution, two spheres of political power, the incoming participants must have a certain autonomy, as well as the opportunity to participate in the decisions of the central government also requires the Constitutional Court to deal with emerging conflicts. The federal system has made a great contribution to the history of mankind: the decision of the state of conflict with the help of legal organization, for which all parties recognize the right of the last word in matters of distribution of powers between the States.

Is This the Care We Need?: An Examination of Childcare Policy in Pennsylvania

Commonwealth ◽  
2017 ◽  
Vol 19 (2) ◽  
Author(s):  
Jennie Sweet-Cushman ◽  
Ashley Harden
Keyword(s):  
United States ◽  
Child Care ◽  
Current System ◽  
The United States ◽  
The State ◽  
Federal State ◽  
Women And Politics ◽  
Richard Nixon ◽  
State And Local ◽  
Childcare Policy

For many families across Pennsylvania, child care is an ever-present concern. Since the 1970s, when Richard Nixon vetoed a national childcare program, child care has received little time in the policy spotlight. Instead, funding for child care in the United States now comes from a mixture of federal, state, and local programs that do not help all families. This article explores childcare options available to families in the state of Pennsylvania and highlights gaps in the current system. Specifically, we examine the state of child care available to families in the Commonwealth in terms of quality, accessibility, flexibility, and affordability. We also incorporate survey data from a nonrepresentative sample of registered Pennsylvania voters conducted by the Pennsylvania Center for Women and Politics. As these results support the need for improvements in the current childcare system, we discuss recommendations for the future.

Emergency powers of the authorities of the constituent units of the federation (states) in Russia, the USA and Brazil amid the spread of a new coronavirus infection

2021 ◽  
Vol 30 (3) ◽  
pp. 86-107
Author(s):  
Alexander Merkulenko
Keyword(s):  
Russian Federation ◽  
The United States ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Emergency Powers ◽  
Lack Of Control ◽  
The Usa ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
The Government

Due to the new coronavirus pandemic, high alert regimes were introduced across the Russian Federation in spring 2020. These emergency regimes were established exclusively by the state bodies of the Russian Federation’s constituent units – federal authorities did not introduce their own emergency regimes. This decentralized strategy of fighting the pandemic was also introduced by the USA and Brazil. Their states, without the sanction of the federal government, and in the case of Brazil, ignoring its bans, set emergency restrictions similar to those in Russia. The legal regulation of emergency regimes existed before 2020, when constituent units of the federation (states) actively used their emergency powers. However, the regimes introduced during the fight against the pandemic were slightly different to previous ones. The restrictions on rights and freedoms within these regimes were so severe that not only their proportionality was questioned, but there were also doubts as to whether the regional level of the government had the authority to establish such strict restrictions. In addition, the pandemic exposed old problems and revealed new shortcomings in the legal regulation of emergency regimes: lack of control over the realization of the emergency regime by legislative (representative) authorities, and gaps in legislative regulation – notably in the establishment of possible restrictions and of a mechanism for scrutinizing their proportionality. All this raised questions about the proportionality of the established restrictions. The Constitutional Court of the Russian Federation resolved a very insignificant amount of the problems. While the United States and Brazil faced similar issues, the practice of scrutinizing implemented restrictions in these countries was more common. This article takes domestic and foreign experiences into account, while examining certain aspects of the establishment and the operation of regional emergency regimes.

scholarly journals THE DEVELOPMENT OF THE USA LEGISLATION ON THE FIGHT AGAINST TERRORISM AFTER 11 SEPTEMBER 2001

2017 ◽  
Vol 3 (3) ◽  
pp. 86-92 ◽  
Author(s):  
Андрей Ефремов ◽  
Andrey Efremov
Keyword(s):  
United States ◽  
Public Transportation ◽  
The United States ◽  
The State ◽  
Maritime Transportation ◽  
International Terrorism ◽  
Patriot Act ◽  
Transportation Security ◽  
Mandatory Requirement ◽  
The Usa

The article is devoted to development of the USA legislation on the fight against terrorism. The author considered the objectives and tasks of the state in a particular historical period; analyzed the laws passed by the USA Congress aimed at combating home and international terrorism; identifies the main directions of the state policy of the USA in the field of counter-terrorism. The article covers the events after 11 September 2001 to the present. The author gives a brief overview of the events of 11 September 2001, discusses the Patriot Act and other laws, aimed at combating terrorism. The Patriot Act allows the Federal Bureau of Investigation to intercept telephone, verbally and electronic communications relating to terrorism, computer and mail fraud; introduces special measures to combat money-laundering; expands immigration rules, in particular, mandatory requirement of detention of persons suspected of terrorism appeared; reveals the procedure of multilateral cooperation to combat terrorism, strengthening measures to investigate terrorist crimes; established rewards for information on terrorism; introduces the procedure of identification of DNA of persons charged for committing terrorist crimes or any violent crime; introduced the concept of domestic terrorism and Federal crimes of terrorism, the prohibition on harboring terrorists and material support; there is a new crime — terrorist and other acts of violence against public transportation systems. The law abolished for the statute of limitations for crimes of terrorist orientation. In 2002 5 laws wer adopted: “Homeland Security Act of 2002”, “Maritime Transportation Security Act of 2002”, “Aviation and Transportation Security Act“, “Public Health Security and Bioterrorism Preparedness and Response Act of 2002”, “Terrorism Risk Insurance Act of 2002”. The Palestinian Anti-Terrorism Act was adopted in 2006. This law restricted the financial assistance to the Palestinian national authority; Haqqani Network Terrorist Designation Act of 2012 included the Haqqani Network in the list of international terrorist organizations; the political act of refusal of admission to the United States representative to the United Nations, because he was accused of the occupation of the espionage or terrorist activities against the United States and poses a threat to the national security interests of the United States.

scholarly journals Warlords, the United States, and the state of anarchy in Afghanistan

2021 ◽  
Vol 6 (2) ◽  
Author(s):  
Ahmad Shah Azami
Keyword(s):  
United States ◽  
The United States ◽  
State Building ◽  
The State ◽  
Negative Consequences ◽  
Human Rights Abuses ◽  
Illegal Mining ◽  
The Us ◽  
The Government ◽  
The Impact

As part of its “War on Terror”, the United States (US) provided immense sums of money and advanced equipment to Afghan warlords in order to defeat and dismantle the Taliban and al-Qaeda in Afghanistan. Nearly two decades after the 2001 US-led intervention in Afghanistan that toppled the Taliban regime, the US continues supporting the warlords in various ways. As the intervention was also aimed at establishing a functioning state and reconstruction of the war-torn country, the US needed the support of local warlords to achieve its goals. However, over time, warlords and warlordism became a major challenge to the postTaliban state-building project and in many ways undermined the overall security and the state monopoly on violence. These warlords, who had been mostly expelled and defeated by the Taliban regime, returned under the aegis of the B52 bombers, recaptured parts of the country and reestablished their fiefdoms with US support and resources. They not only resist giving up the power and prestige they have accumulated over the past few years, but also hamper the effort to improve governance and enact necessary reforms in the country. In addition, many of them run their private militias and have been accused of serious human rights abuses as well as drug trafficking, arms smuggling, illegal mining and extortion in the areas under their control or influence. In many ways, they challenge the government authority and have become a major hurdle to the country’s emerging from lawlessness and anarchy. This paper explores the emergence and reemergence of warlords in Afghanistan as well as the evolution of chaos and anarchy in the country, especially after the US-led intervention of late 2001. It also analyzes the impact of the post-9/11 US support to Afghan warlords and its negative consequences for the overall stability and the US-led state-building process in Afghanistan.

scholarly journals Teori Hukum Pidana Minimalis dari Douglas Husak: Urgensi dan Relevansi

2021 ◽  
Vol 4 (1) ◽  
pp. 245-279
Author(s):  
Mahrus Ali ◽  
M. Arif Setiawan
Keyword(s):  
United States ◽  
Criminal Law ◽  
The United States ◽  
The State ◽  
Risk Prevention ◽  
Legal Philosophy ◽  
Federal State ◽  
Minimalist Theory ◽  
Severity Of Punishment ◽  
Douglas Husak

Douglas Husak has been widely known, especially in the United States and Europe, as a leading theorist who combines the disciplines of legal philosophy and criminal law. Most of his writings were directed at the use of the coercive means of the state through criminal law as minimum as possible. The minimalist theory of criminal law that he coined was motivated by the phenomenon of the increasing number of acts criminalized in the United States Federal State Law in which the majority related to offenses of risk prevention causing overcriminalization. To prevent this, criminal law must be placed as a last resort. The state’s decision to criminalize an act must pay attention to internal and external constraints. The first includes the nontrivial harm or evil constraint, the culpability of the actor, and the proportionality of punishment, while the second is related to the substantiality of the state’s authority to punish. The thought is relevant to be adopted in the criminalization policy in Indonesia, especially regarding the principle of the blameworthiness of conduct, the severity of punishment must weigh the dangerousness of the (actor) offenses, and criminalization should not be taken if other means are equally effective or even more effective to achieve the goal. Abstrak Douglas Husak dikenal luas terutama di Amerika Serikat dan Eropa sebagai teoretisi terkemuka yang menggabungkan antara disiplin filsafat hukum dan hukum pidana. Tulisan-tulisan Husak kebanyakan diarahkan pada penggunaan sarana koersif negara melalui hukum pidana seminimal mungkin. Teori hukum pidana minimalis yang dicetuskannya dilatarbelakangi fenomena semakin banyaknya perbuatan-perbuatan yang dikriminalisasi dalam undang-undang Negara Federal Amerika dan mayoritas terkait offenses of risk prevention sehingga menimbulkan kelebihan kriminalisasi. Untuk mencegahnya, hukum pidana harus ditempatkan sebagai sarana terakhir. Keputusan negara untuk mengkriminalisasi suatu perbuatan harus memperhatikan pembatas internal dan pembatas eksternal. Yang pertama meliputi sifat jahat dan dampak kerugian/kerusakan yang begitu serius dari dilakukannya suatu tindak pidana, kesalahan pembuat, dan proporsionalitas pidana; sedangkan yang kedua terkait substansialitas kewenangan negara untuk memidana. Pemikiran Husak relevan untuk diadopsi dalam kebijakan kriminalisasi di Indonesia terutama menyangkut prinsip ketercelaan suatu perbuatan, penetapan beratnya ancaman pidana mengacu pada seriusitas delik dan kesalahan pembuat, dan kriminalisasi tidak boleh ditempuh jika cara-cara lain sama efektif atau bahkan lebih efektif untuk mencapai tujuan.

The Final Stage of the Minority Revolution in the United States. Upward Mobility of Minorities to the Corridors of Power

2021 ◽  
Vol 13 (2-1) ◽  
pp. 62-91
Author(s):  
Irina Zhezhko-Braun ◽  
Keyword(s):  
United States ◽  
Social Institutions ◽  
Electoral System ◽  
The United States ◽  
The State ◽  
Political Elite ◽  
The Political ◽  
Protest Movements ◽  
Electoral Laws ◽  
The Government

This article is the third and final in a series dealing with the birth of a new political elite in the United States, the minority elite. In previous articles, the mechanism of its appearance was analyzed, as well as its ideology, goals, program and values. The black movement, as the most co-organized of all protest movements, is entering the final phase of its development, being engaged in the placement of its representatives in state and federal governments, political parties and other social institutions. The women’s movement has recently been taken over by ethnic movements, primarily blacks, and has become their vanguard. This article describes new social elevators for the promotion of minority representatives into the corridors of power. The logic of promoting people of their own race, gender and nationality to the highest branches of power began to prevail over other criteria for recruiting personnel. During the 2020 election campaign, a new mechanism for promoting minorities in all branches of government was formed. It is based on numerous violations of local and federal electoral legislation. The mechanism of pressure on the US electoral system is analyzed using the example of the state of Georgia and the activities of politician Stacey Abrams. The article describes Abrams’ strategy to create a network of NGOs that are focused on one mission - to arrange for the political shift of the state in the elections. These organizations circumvented existing laws, making the state of Georgia the record holder for electoral irregularities and lawsuits. The article shows that Abrams’ struggle with the electoral laws of her state is based on the political myth of the voter suppression of minorities. The author identifies a number of common characteristics of the new elite. The minority elite does not show any interest in social reconciliation and overcoming racial conflict, but rather makes efforts to incite the latter, to attract the government to its side and increase its role in establishing “social justice” through racial quotas and infringement of the rights of those social strata that it has appointed bearers of systematic racism in society. As the colored elite increases and the government’s role in resolving racial conflicts grows, the minority movement is gradually condemned, it ceases to be a true grassroots movement and turns into astroturfing.

The NGOization of Refugee Resettlement

2020 ◽  
pp. 57-91
Author(s):  
Jennifer Erickson
Keyword(s):  
United States ◽  
Nonprofit Organizations ◽  
Social Issues ◽  
The United States ◽  
The State ◽  
Refugee Resettlement ◽  
Master Narrative ◽  
Everyday Practices ◽  
The Government ◽  
And Migration

This chapter explains the policies, politics, and everyday practices of the New American Services. It highlights the tensions surrounding citizenship and the role that nongovernmental (or nonprofit) organizations play in Fargo under neoliberalism by analyzing these practices in terms of the “NGOization” of refugee resettlement. The chapter defines NGOization as the proliferation of NGOs under neoliberalism as extensions, or new faces, of the state. It views NGOs from a feminist's lens, and challenges the master narrative that refugee resettlement was purely humanitarian or simply unaccountable. The chapter provides an overview of everyday resettlement practices and beliefs about resettlement staff, and how their work can be interpreted in regard to the larger social issues laid out in this book: race, citizenship, and diversity. It also talks about the Cooperative Agreement between the Government of the United States (the State Department and the Bureau of Population, Refugees, and Migration) and VOLAGS or voluntary agencies.

Music and the American Radio

Tempo ◽  
1947 ◽  
pp. 10-14 ◽  
Author(s):  
H. W. Heinsheimer
Keyword(s):  
United States ◽  
The United States ◽  
Federal Communications Commission ◽  
The State ◽  
Radio Stations ◽  
For Profit ◽  
The Government ◽  
Privately Owned

Broadcasting in the United States is a business—and a very big one. Radio stations are privately owned and are operated for profit. Broadcasting is just as much a business as is running a theatre on Br adway or making a picture in Hollywood. The state and the government have nothing to do with it. To be sure, the Federal Communications Commission in Washington lays down certain rules of operations, and controls and allots wavelengths to the various networks and stations. But after the F.C.C. has given you a licence and a wavelength, and as long as you comply with their rules and conduct yourself accordingly, you can buy a piece of ground to-morrow, build a station and go into the radio business. And it is a good business to be in.

American Democracy Reconsidered: Part I

1973 ◽  
Vol 3 (1) ◽  
pp. 1-28 ◽  
Author(s):  
L. J. Sharpe
Keyword(s):  
United States ◽  
The United States ◽  
National Government ◽  
The State ◽  
City Government ◽  
State Governments ◽  
American Democracy ◽  
The People ◽  
The Government ◽  
The One

In his celebrated study of American democracy written in 1888, Lord Bryce reserved his most condemnatory reflections for city government and in a muchquoted passage asserted: ‘There is no denying that the government of cities is the one conspicuous failure of the United States. The deficiencies of the National government tell but little for evil on the welfare of the people. The faults of the State governments are insignificant compared with the extravagance, corruption and mismanagement which mark the administration of most of the great cities'sangeetha.

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