scholarly journals Declared War and American Victory: A Search for Effective Commitment

2020 ◽  
Vol 9 (2) ◽  
pp. 261-322
Author(s):  
Slade Mendenhall
Keyword(s):  
United States ◽  
Imperfect Information ◽  
Separation Of Powers ◽  
The United States ◽  
Institutional Commitment ◽  
Political Actors ◽  
Military Conflicts ◽  
The Cost ◽  
Commitment Device

AbstractThis Article argues that the act of formally declaring war entails a measure of explicit commitment on the part of American political actors that raises the cost of failure and motivates politicians to see engagements through to a decisive end, fulfilling the role of a contract or institutional commitment device. It argues that undeclared conflicts, lacking such a device, are more likely to end on less decisive and less favorable terms to the United States. On this basis, it explains the emergence of a decades-long trend of protracted, unsuccessful, and indecisive military engagements by the United States as having emerged from the erosion of a constitutionally established separation of powers with respect to the initiation and administration of foreign military conflicts. In defense of this theory, it uses case studies to assess the relevance of its predictions and to weigh potential objections involving selection bias and imperfect information.

scholarly journals Polarization and the Judiciary

2019 ◽  
Vol 22 (1) ◽  
pp. 261-276 ◽  
Author(s):  
Richard L. Hasen
Keyword(s):  
United States ◽  
Supreme Court ◽  
Separation Of Powers ◽  
The United States ◽  
Future Research ◽  
Political Actors ◽  
The Us ◽  
Us Supreme Court ◽  
Selection Mechanisms ◽  
Federal Judges

The increased polarization in the United States among the political branches and citizenry affects the selection, work, perception, and relative power of state and federal judges, including justices of the US Supreme Court. Polarization in the United States over the last few decades matters to the American judicial system in at least four ways. First, polarization affects judicial selection, whether the selection method is (sometimes partisan-based) elections or appointment by political actors. In times of greater polarization, governors and presidents who nominate judges, legislators who confirm judges, and voters who vote on judicial candidates are more apt to support or oppose judges on the basis of partisan affiliation or cues. Second, driven in part by selection mechanisms, polarization may be reflected in the decisions that judges make, especially on issues that divide people politically, such as abortion, guns, or affirmative action. The Supreme Court, for example, often divides along party and ideological lines in the most prominent and highly contested cases. Those ideological lines now overlap with party as we enter a period in which all the Court liberals have been appointed by Democratic presidents and all the Court conservatives have been appointed by Republican presidents. Third, increasingly polarized judicial decisions appear to be causing the public to view judges and judicial decision making (at least on the US Supreme Court) through a more partisan lens. Fourth, polarization may affect the separation of powers, by empowering courts against polarized legislative bodies sometimes paralyzed by gridlock. The review concludes by considering how increased polarization may interact with the judiciary and judicial branch going forward and by suggesting areas for future research.

Expanded Function Orthodontic Auxiliaries; a Proposal for their Introduction in the UK

1988 ◽  
Vol 15 (4) ◽  
pp. 281-286 ◽  
Author(s):  
K. D. O'Brien ◽  
W. C. Shaw
Keyword(s):  
United States ◽  
United Kingdom ◽  
Cost Effectiveness ◽  
Orthodontic Treatment ◽  
The United States ◽  
The United Kingdom ◽  
Treatment Provision ◽  
The Uk ◽  
The Cost

The role of dental and orthodontic auxiliaries in Europe and the United States is reviewed, and the advantages of their employment in the United Kingdom are discussed in terms of increasing the cost-effectiveness of orthodontic treatment provision. A three-stage programme for the evaluation of Orthodontic Auxiliaries in the UK is proposed.

The Promise of All Things E? Expectations and Challenges of Emergent Electronic Government

2002 ◽  
Vol 1 (2) ◽  
pp. 193-212 ◽  
Author(s):  
Jeffrey Seifert ◽  
R. Eric Petersen
Keyword(s):  
United States ◽  
Information Technology ◽  
Service Delivery ◽  
Citizen Participation ◽  
The United States ◽  
Electronic Government ◽  
Government Information ◽  
The Cost

AbstractThe ambiguous nature of electronic government (e-government) has resulted in hype and confusion, with little systematic consideration of the expectations and limitations of taking government online. This paper seeks to examine the role of e-government in the United States as an evolving process that manifests itself in three distinct sectors: government-to-government, government-to-business, and government-to-citizen. Using this typology as an organizing principle, we show how information technology has the potential to enhance government accessibility and citizen participation. We also show how the move toward a market-focused conceptualization of government information and service delivery raises the potential for blurring citizen and consumer roles, possibly at the cost of a robust, informed, and engaged citizenry.

scholarly journals What is Foreign Relations Law?

2019 ◽  
pp. 2-20
Author(s):  
Curtis A. Bradley
Keyword(s):  
United States ◽  
Foreign Relations ◽  
The United States ◽  
Foreign Affairs ◽  
Military Force ◽  
Political Actors ◽  
Foreign Governments ◽  
Domestic Law ◽  
Distinct Field

This chapter considers what is potentially encompassed by the term “foreign relations law,” and what it means to think about it as a distinct field of law that can be compared and contrasted across national jurisdictions. The term “foreign relations law” encompasses the domestic law of each nation that governs how that nation interacts with the rest of the world. Many issues of foreign relations law concern allocations of authority between political actors, such as the authority to represent the nation in diplomacy, to conclude and terminate international agreements, to recognize foreign governments and their territories, and to initiate or end the use of military force. But foreign relations law also encompasses issues relating to the role of the courts in transnational cases, such as whether certain issues are “nonjusticiable” and thus subject entirely to political branch determination, whether courts should take into account considerations of international comity when interpreting and applying domestic law, and whether and to what extent courts can apply international law directly to decide a particular case. The chapter describes the historical development of foreign relations law as a field of study within the United States and considers why it has not been treated as a field in many other countries. The chapter concludes by highlighting a central question for foreign relations law, which is the extent to which it should be treated differently than other types of domestic law—referred to in the United States as a debate over “foreign affairs exceptionalism.”

2 Treaties

2015 ◽  
Author(s):  
Bradley Curtis A
Keyword(s):  
United States ◽  
Legal System ◽  
Separation Of Powers ◽  
The United States ◽  
International Agreements ◽  
The Status ◽  
Relationship Of ◽  
The Relationship ◽  
The U.S

This chapter considers the status of treaties within the U.S. legal system. The focus is on international agreements concluded through the senatorial advice and consent process specified in Article II of the Constitution. The chapter describes that process, including the Senate’s ability to condition its consent through reservations and other qualifications. It also discusses the role of treaties as supreme law of the land, including the situations in which treaties will be considered “self-executing” and “non–self-executing,” as well as the later-in-time relationship of treaties to federal statutes. The chapter also discusses the relationship of treaties to constitutional limitations concerning the separation of powers and federalism, including the implications of the Supreme Court’s 1920 decision in Missouri v. Holland. The chapter concludes with a consideration of how the United States terminates treaties.

Constitutional Law in 1927–1928: The Constitutional Decisions of the Supreme Court of the United States in the October Term, 1927

1929 ◽  
Vol 23 (1) ◽  
pp. 78-101 ◽  
Author(s):  
Robert E. Cushman
Keyword(s):  
United States ◽  
Supreme Court ◽  
Common Sense ◽  
Democratic Party ◽  
Separation Of Powers ◽  
The United States ◽  
Legislative Power ◽  
The Supreme Court ◽  
Constitutional Decisions ◽  
The Cost

A protective tariff is constitutional. While most of us—Democratic party platforms to the contrary notwithstanding—had suspected that this was true, the Supreme Court, curiously enough, never passed on the question until its decision in Hampton v. United States. In that case the plaintiffs attacked the validity of the Tariff Act of 1922 on two grounds. In the first place, the so-called flexible tariff provision embodied in Section 315 was alleged to authorize an unconstitutional delegation of legislative power to the President. That section provides, in substance, that when the President, upon investigation, finds that differences in the cost of production here and abroad of articles produced in this country are not equalized by the tariff duties fixed by the act, he shall thereupon fix such new rates as will equalize these differences. The Court had no difficulty in rejecting this contention under the authority of Field v. Clark, in which the reciprocity sections of the Tariff Act of 1890 were sustained. Chief Justice Taft, speaking for a unanimous Court, reviews the general theory of the separation of powers and the doctrine that legislative power may not be delegated. He emphasizes, however, that each department may properly call upon the others for assistance “so far as the action invoked shall not be an assumption of the constitutional field of action of another branch.” The scope and character of this assistance, furthermore, “must be fixed according to common sense and the inherent necessities of the governmental coördination.”

2 Treaties

2020 ◽  
Author(s):  
Bradley Curtis A
Keyword(s):  
United States ◽  
Legal System ◽  
Separation Of Powers ◽  
The United States ◽  
International Agreements ◽  
The Status ◽  
Relationship Of ◽  
The Relationship ◽  
The U.S

This chapter considers the status of treaties within the U.S. legal system. The focus is on international agreements concluded through the senatorial advice-and-consent process specified in Article II of the Constitution. The chapter describes that process, including the Senate’s ability to condition its consent through reservations and other qualifications. It also discusses the role of treaties as supreme law of the land, including the situations in which treaties will be considered “self-executing” and “non–self-executing,” as well as the later-in-time relationship of treaties to federal statutes. The chapter also discusses the relationship of treaties to constitutional limitations concerning the separation of powers and federalism, including the implications of the Supreme Court’s 1920 decision in Missouri v. Holland. The chapter concludes with a consideration of the president’s constitutional authority to withdraw the United States from treaties.

The Evolving Role of the United States Sentencing Commission

2020 ◽  
Vol 33 (1-2) ◽  
pp. 3-10
Author(s):  
Rachel E. Barkow
Keyword(s):  
United States ◽  
Political Influence ◽  
The United States ◽  
The Political ◽  
Political Climate ◽  
Political Actors ◽  
Sentencing Policy ◽  
Set Up ◽  
Political Value

This essay explores how the role of the United States Sentencing Commission has changed over time. It has gone through three different phases in terms of its role (either actual or perceived) in federal sentencing. The first phase covers the Commission at its inception, and the perceived role of the Commission that dominated then was that of a politically insulated, expert agency that would serve, essentially, as an independent policy maker. This vision of the Commission never materialized, but it is important to understand this model in order to appreciate why the Commission was set up the way it was. During the second and dominant phase, which lasted for roughly two decades, from 1986 until 2007, the Commission played a weak supporting role to the political actors who oversaw its work, with Congress largely controlling its output. This period was characterized by political battering by Congress. Given the political climate of the time, that meant increases in sentences, but little else, from the Commission. The third phase began in 2007 and continues today. The Commission is now seen as a respected supplier of data, and its judgments are given more deference. In a sense, this role combines the first two. The Commission is recognized for its expertise, but that expertise is valuable only insofar as the information it generates has political value. The essay concludes with ways the Commission’s design can be improved to give it greater political influence in setting sentencing policy.

The Role of Gender and Sensation Seeking in Film Choice

2008 ◽  
Vol 20 (3) ◽  
pp. 97-105 ◽  
Author(s):  
Smita C. Banerjee ◽  
Kathryn Greene ◽  
Marina Krcmar ◽  
Zhanna Bagdasarov ◽  
Dovile Ruginyte
Keyword(s):  
United States ◽  
Undergraduate Students ◽  
Sensation Seeking ◽  
Negative Mood ◽  
Positive Mood ◽  
The United States ◽  
High Arousal ◽  
Subject Design ◽  
Happy Mood

This study demonstrates the significance of individual difference factors, particularly gender and sensation seeking, in predicting media choice (examined through hypothetical descriptions of films that participants anticipated they would view). This study used a 2 (Positive mood/negative mood) × 2 (High arousal/low arousal) within-subject design with 544 undergraduate students recruited from a large northeastern university in the United States. Results showed that happy films and high arousal films were preferred over sad films and low-arousal films, respectively. In terms of gender differences, female viewers reported a greater preference than male viewers for happy-mood films. Also, male viewers reported a greater preference for high-arousal films compared to female viewers, and female viewers reported a greater preference for low-arousal films compared to male viewers. Finally, high sensation seekers reported a preference for high-arousal films. Implications for research design and importance of exploring media characteristics are discussed.

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