The Extent and Limitations of the Treaty-Making Power Under the Constitution

1907 ◽  
Vol 1 (3) ◽  
pp. 636-670 ◽  
Author(s):  
Chandler P. Anderson
Keyword(s):  
United States ◽  
International Relations ◽  
Federal Government ◽  
State Legislatures ◽  
The United States ◽  
Sovereign Power ◽  
The People ◽  
The Government ◽  
The Right

The power to make treaties with other nations is an inherent attribute of the sovereign power of an independent nation.Where the treaty-making power is exercised by the sovereign power of a nation, the right to treat with other nations rests wholly in sovereignty and extends to every question pertaining to international relations.Where, however, the treaty-making power is not exercised by the sovereign power of the nation as a whole, but has been delegated to a branch of the government by which it is exercised in a representative capacity, the treaty-making power there, although it arises from sovereignty, rests in grant, and can be exercised only to the extent of and in accordance with the terms fixed by the grant.So in the United States, where the people, as the sovereign power, have delegated through the medium of their State conventions or State legislatures the treaty-making power to a designated section of the Federal Government under the Constitution, such power rests in grant and is to be measured and exercised under the terms of such grant.

scholarly journals PIERWSZY BANK STANÓW ZJEDNOCZONYCH JAKO PIERWOWZÓR SYSTEMU REZERWY FEDERALNEJ

2017 ◽  
Vol 9 (1) ◽  
pp. 171
Author(s):  
Wojciech Kwiatkowski
Keyword(s):  
United States ◽  
Supreme Court ◽  
Federal Government ◽  
Federal Reserve ◽  
Financial Stability ◽  
The United States ◽  
The Supreme Court ◽  
The Government ◽  
Banking Institution ◽  
The Right

First Bank of the United States as a Prototype for the Federal Reserve SystemSummaryThe article describes the history of the First Bank of the United Statesfirst banking- institution, that was charted in XVII-th century North America as an effect of a cooperation of two federal bodies – Congress and the President. Although, the federal government possessed only 20 %, of the shares with federal licences it could conduct its activity on territory of the whole country. Moreover – the Bank is now referred to as the first central bank in the United States because of its national scope and services rendered to the federal government. The Bank helped the government to obtain emergency loans, facilitated the payment of taxes, and served as the receiver and disburser of the public funds. In addition, it issued bank notes and made them fully redeemable in coin. During a 20-years period the Bank achieved a commercial success and maintained a financial stability. However, in 1811 Congress did not renew the charter because the Bank’s constitutionality was questioned.Alexander Hamilton (the first U.S. Secretary of the Treasury), who was [the followerof creation of the bank, already in 1790 assumed that the federal government had the power to charter banks because the Constitution granted the government the right to establish institutions necessary for its operations. Addifferent viewpoint was presented by Thomas Jefferson who favored a more decentralized government and believed that only the states could charter banks under the Constitution. Furthermore – because the Constitution did not expressly grant the power to Congress, he reasoned that federally chartered banks were unconstitutional. Finally in 1819, as a far-reaching decision, the Supreme Court Chief Justice John Marshall followed Hamilton’s reasoning and ruled in case McCulloch vs Maryland that the Second Bank of the United States was constitutional. For U.S. federal government this decision of the Supreme Court was very important about 200 years later – in 1913, when president Wilson, many politicians’ and main U.S. bankers decided to create the Federal Reserve System.

The Power to be Ethical: Controlling Moral Assemblages in Border Militias

2021 ◽  
pp. 089124162110218
Author(s):  
John R. Parsons
Keyword(s):  
United States ◽  
The United States ◽  
Recent Interest ◽  
Ethical Conflicts ◽  
Moral Landscape ◽  
The Government ◽  
Moral Certainty ◽  
The Right ◽  
Ethical Response

Every year, hundreds of U.S. citizens patrol the Mexican border dressed in camouflage and armed with pistols and assault rifles. Unsanctioned by the government, these militias aim to stop the movement of narcotics into the United States. Recent interest in the anthropology of ethics has focused on how individuals cultivate themselves toward a notion of the ethical. In contrast, within the militias, ethical self-cultivation was absent. I argue the volunteers derived the power to be ethical from the control of the dominant moral assemblage and the construction of an immoral “Other” which provided them the power to define a moral landscape that limited the potential for ethical conflicts. In the article, I discuss two instances Border Watch and its volunteers dismissed disruptions to their moral certainty and confirmed to themselves that their actions were not only the “right” thing to do, but the only ethical response available.

A View from Inside: Understanding Puerto Rico Cockfighting

2021 ◽  
pp. 1-37
Author(s):  
Úrsula A. Aragunde-Kohl ◽  
Yahaira Segarra-González ◽  
Liza M. Meléndez-Samó ◽  
Ivemarie Hernández-Rivera ◽  
Carolina Quiles-Peña
Keyword(s):  
United States ◽  
Puerto Rico ◽  
Local Government ◽  
Federal Government ◽  
Qualitative Data ◽  
The United States ◽  
Second Phase ◽  
Beliefs And Practices ◽  
The Third ◽  
The People

Abstract The purpose of this research was to better understand the beliefs and practices that the residents of Puerto Rico have regarding cockfighting, including their perception of the recently passed prohibition against nonhuman animal fighting on the island. It had an exploratory descriptive design consisting of three phases, where the qualitative data obtained from phase one would guide the process of identifying variables that could be measured. In the second phase, an instrument was developed, and in the third, it was administered. Most of the participants agreed with the prohibition of cockfighting in Puerto Rico and that it was necessary. The data showed that there is a disconnect between what the federal government of the United States legislated, what the local government and agencies that were supposed to enforce the prohibition did with the legislation, and what the people directly affected by the legislation received for education and guidance.

Violation of Treaties by Adverse National Action

1918 ◽  
Vol 12 (1) ◽  
pp. 96-126 ◽  
Author(s):  
Denys P. Myers
Keyword(s):  
United States ◽  
International Relations ◽  
The United States ◽  
Point Of View ◽  
Bad Faith ◽  
Practical Point ◽  
Adverse Action ◽  
Vital Interest ◽  
The Government ◽  
Political Character

The shade of distinction sought to be shown by the title of this paper may require explanation. Imperfect wording involves either carelessness or ignorance; bad faith indicates dishonesty; nonexecution or disregard implies laxness in the government, if not carelessness; adverse or hostile municipal or judicial action connotes lack of coordination between the internal and external affairs of the State. It follows that such adverse action may be considered from a practical point of view as almost a normal kind of violence against international contracts. It is not to be excused on that account, but it may be considered as a frictional incident almost inseparable under some conditions from the existence of a State. Given either a government of definitely separated elements, such as the United States, or a government without much stability, or a State founded on a type of civilization different from the European order, and this sort of violation of treaty may be forecasted with certainty. Fortunately, however, the instances that cause contractual friction of this sort are of the grosser kinds of personal violence, or are commercial; they are not of a political character, cannot be said to involve policy, and only by a stretch of the imagination involve the tweedledum and tweedledee of international relations, “national honor and vital interest.” They are consequently extremely susceptible to simple and orderly solution.

Text of Resolution Which Entered the United States into World War

1917 ◽  
Vol 85 (17) ◽  
pp. 455-456
Keyword(s):  
United States ◽  
House Of Representatives ◽  
United States Of America ◽  
The United States ◽  
World War ◽  
German Government ◽  
The People ◽  
Successful Termination ◽  
The World ◽  
The Government

The following is the text of the resolutions which officially entered the United States into the world war:— “Whereas the imperial German government has committed repeated acts of war against the government and the people of the United States of America; therefore be it “Resolved by the Senate and House of Representatives of the United States of America in congress assembled, that the state of war between the United States and the imperial German government, which has thus been thrust upon the United States, is hereby formally declared; and that the President be and he is hereby authorized and directed to employ the entire naval and military forces of the United States and the resources of the government to carry on war against the imperial German government; and to bring the conflict to a successful termination all of the resources of the country are hereby pledged by the Congress of the United States.”

scholarly journals State Legislatures Have the Courage to Pass Antiabortion Laws and Test the Ideology of the “New” United States Supreme Court

2020 ◽  
Vol 3 (1) ◽  
pp. 136-150
Author(s):  
Jill Oeding
Keyword(s):  
United States ◽  
Supreme Court ◽  
State Legislatures ◽  
United States Supreme Court ◽  
The United States ◽  
The Supreme Court ◽  
Undue Burden ◽  
Constitutional Right ◽  
Reported Data ◽  
The Right

Many state legislatures are racing to pass antiabortion laws that will give the current Supreme Court the opportunity to review its stance on the alleged constitutional right to have an abortion. While the number of abortions reported to be performed annually in the United States has declined over the last decade, according to the most recent government-reported data, the number of abortions performed on an annual basis is still over 600,000 per year. Abortion has been legal in the United States since 1973, when the Supreme Court recognized a constitutional right to have an abortion prior to viability (i.e. the time when a baby could possibly live outside the mother’s womb). States currently have the right to forbid abortions after viability.  However, prior to viability, states may not place an “undue burden” in the path of a woman seeking an abortion. The recent appointments of two new Supreme Court justices, Neil Gorsich and Brett Kavanaugh, give pro-life states the best chance in decades to overrule the current abortion precedent. The question is whether these two new justices will shift the ideology of the court enough to overrule the current abortion precedent.

Concepts of Government

2017 ◽  
Author(s):  
Peter Temin
Keyword(s):  
United States ◽  
The United States ◽  
Dark Skin ◽  
Dual Economy ◽  
The People ◽  
The Government

This chapter describes three concepts of government. Democracy is the government of, for and by the people. It provides services to all its members and insures them against a variety of risks, ranging from bankruptcy to the accident of being born poor and with a dark skin. Autarchy is government by a person or family that takes care of itself with little or no concern for the rest of the population. Oligarchy stands in between these extremes and varies by the size of the oligarchy. The United States in the 19th century was the uneasy combination of a demographic North and an oligarchic South. The country approached democracy in the 20th century, but this trajectory reversed after 1970, leading to an oligarchic dual economy.

scholarly journals The Strange Fruit of the Tree of Liberty: Lynch Law and Popular Sovereignty in the United States

2020 ◽  
Vol 18 (3) ◽  
pp. 819-834
Author(s):  
Michael Gorup
Keyword(s):  
United States ◽  
African Americans ◽  
Due Process ◽  
The United States ◽  
Popular Sovereignty ◽  
Modern Democracy ◽  
Constituent Power ◽  
The People ◽  
The Right

Lynch mobs regularly called on the language of popular sovereignty in their efforts to authorize lynchings, arguing that, as representatives of the people, they retained the right to wield public violence against persons they deemed beyond the protections of due process. Despite political theorists’ renewed interest in popular sovereignty, scholars have not accounted for this sordid history in their genealogies of modern democracy and popular constituent power. I remedy this omission, arguing that spectacle lynchings—ones that occurred in front of large crowds, sometimes numbering in the thousands—operated as public rituals of racialized people-making. In the wake of Reconstruction, when the boundaries of the polity were deeply contested, spectacle lynchings played a constitutive role in affirming and circulating the notion that the sovereign people were white, and that African Americans were their social subordinates.

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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