Search

Begin New Search Topic Law Political Geography United States

21. Renewing Federalism by Reforming Article V: Defects in the Constitutional Amendment Process and a Reform Proposal

Author:
Michael B. Rappaport
Publication Date:
01-2012
Content Type:
Working Paper
Institution:
The Cato Institute
Abstract:
The constitutional amendment procedure of Article V is defective because the national convention amendment method does not work. Because no amendment can be enacted without Congress's approval, limitations on the federal government that Congress opposes are virtually impossible to pass. This defect may have prevented the enactment of several constitutional amendments that would have constrained Congress, such as amendments establishing a balanced budget limitation, a line-item veto, or congressional term limits. The increasingly nationalist character of our constitutional charter may not be the result of modern values or circumstances, but an artifact of a distorted amendment procedure. Article V should be reformed to allow two-thirds of the state legislatures to propose a constitutional amendment which would then be ratified or rejected by the states, acting through state conventions or state ballot measures. Such a return of power to the states would militate against our overly centralized government by helping to restore the federalist character of our Constitution. Moreover, a strategy exists that would allow this reform to be enacted.
Topic:
Civil Society, Government, Law Enforcement, and Law
Political Geography:
United States

22. Attorney General of the United States, Eric H. Holder, Jr.

Author:
Eric H. Holder
Publication Date:
02-2012
Content Type:
Video
Institution:
Columbia University World Leaders Forum
Abstract:
This World Leaders Forum program will feature an address by Eric H. Holder, Jr., Attorney General of the United States, on the topic of the efforts to combat financial fraud by the Department of Justice.
Topic:
Crime, Government, Law Enforcement, and Law
Political Geography:
United States

23. The Independent Payment Advisory Board: PPACA's Anti-Constitutional and Authoritarian Super-Legislature

Author:
Michael F. Cannon and Diane Cohen
Publication Date:
06-2012
Content Type:
Working Paper
Institution:
The Cato Institute
Abstract:
When a member of Congress introduces legislation, the Constitution requires that legislative proposal to secure the approval of the House of Representatives, the Senate, and the president (unless Congress overrides a presidential veto) before it can become law. In all cases, either chamber of Congress may block it.
Topic:
Government, Politics, Governance, and Law
Political Geography:
United States

24. If You Love Something, Set It Free A Case for Defunding Public Broadcasting

Author:
Trevor Burrus
Publication Date:
05-2012
Content Type:
Working Paper
Institution:
The Cato Institute
Abstract:
Public broadcasting has been in critics' crosshairs since its creation in 1967. Assailed from all sides with allegations of bias, charges of political influence, and threats to defund their operations, public broadcasters have responded with everything from outright denial to personnel changes, but never have they squarely faced the fundamental problem: government-funded media companies are inherently problematic and impossible to reconcile with either the First Amendment or a government of constitutionally limited powers.
Topic:
Government, Communications, Mass Media, and Law
Political Geography:
United States

25. The EU's Experience with Security Sector Governance

Author:
Louis-Alexandre Berg
Publication Date:
01-2011
Content Type:
Working Paper
Institution:
United States Institute of Peace
Abstract:
Civilian oversight ministries are essential to broader efforts to strengthen the performance and responsiveness of security and law enforcement forces. Ministries facilitate coordination among agencies, hold personnel accountable to law and policy, perform administrative functions, shield forces from political interference, and enable civilian oversight through the legislature, civil society, and other mechanisms. Failure to support these roles can undermine efforts to strengthen law enforcement and improve citizen safety in countries affected by conflict or instability. The European Union has extensive experience supporting oversight ministries, having prepared twenty-one ministries of interior to join the EU. The European Commission has assisted ministries in developing countries around the world, while the European Council has deployed civilian missions to crisis environments to establish security and the rule of law. Efforts to develop the laws, procedures, and organizational structures needed for effective oversight ministries face numerous challenges, from limited human capacity to political and organizational resistance, especially in countries transitioning from conflict or authoritarian rule.EU enlargement provided a unique incentive for countries to overcome obstacles to transforming their ministries and improving security sector governance. EU institutions helped translate this incentive into organizational changes by helping candidate countries define a clear structure and vision, deploying experienced experts from EU member states, and managing resistance through coordinated political engagement in support of clearly defined benchmarks. In crisis and stabilization countries, the EU has faced greater challenges. Without a strong external incentive, weak capacity and severe political tensions have undermined assistance efforts. The EU has been enhancing its capabilities for deploying skilled personnel to these environments and for leveraging member states' relationships with countries affected by conflict, to help them overcome political obstacles. Yet the EU has often struggled to achieve the coherence among member states and institutions necessary to support locally driven reforms. The United States can learn from the EU's successes and challenges by paying attention to the role of oversight ministries in the development of security and law enforcement forces overseas. To build its capacity to strengthen oversight ministries and other components of security sector governance, the United States should recruit personnel with broader sets of skills, improve coherence among agencies providing assistance, and deepen cooperation with the EU and other donor countries. Through collaboration in headquarters and in the field, the EU and the United States could complement each other's strengths and pursue common approaches to fostering institutional change in the security sector.
Topic:
Security, Regional Cooperation, and Law
Political Geography:
United States and Europe

26. Is the party-appointed arbitrator a "pernicious institution"? A reply to Professor Hans Smit

Author:
Giorgio Sacerdoti
Publication Date:
04-2011
Content Type:
Policy Brief
Institution:
Columbia Center on Sustainable Investment
Abstract:
Some readers of the Columbia FDI Perspective No. 33 of December 14, 2010 may have been surprised to read Hans Smit's contribution against party-appointed arbitrators. The opening of his Perspective could not be expressed in more sweeping terms: "In my judgment, party-appointed arbitrators should be banned unless their role as advocates for the party that appointed them is fully disclosed and accepted. Until this is done, arbitration can never meet its aspiration of providing dispassionate adjudication..."
Topic:
Economics, Human Rights, Foreign Direct Investment, and Law
Political Geography:
United States

27. Media and the Law: An Overview of Legal Issues and Challenges

Author:
Peter Noorlander
Publication Date:
07-2011
Content Type:
Working Paper
Institution:
National Endowment for Democracy
Abstract:
The legal environment in which a media outlet operates is a crucial factor in its success. Rules and regulations can hinder or enable the growth of media and restrict or promote particular kinds of content. A liberal and empowering legal regime will allow media to publish hard-hitting investigative reports and fulfill their function as watchdog of democratic society without fear of legal sanction, thus helping to make governments more accountable. This is a public good lost to citizens of countries with restrictive legal regimes.
Topic:
Development, Terrorism, Third World, Mass Media, and Law
Political Geography:
United States and United Kingdom

28. Leashing the Surveillance State: How to Reform Patriot Act Surveillance Authorities

Author:
Julian Sanchez
Publication Date:
05-2011
Content Type:
Working Paper
Institution:
The Cato Institute
Abstract:
Congress recently approved a temporary extension of three controversial surveillance provisions of the USA Patriot Act and successor legislation, which had previously been set to expire at the end of February. In the coming weeks, lawmakers have an opportunity to review the sweeping expansion of domestic counter-terror powers since 9/11 and, with the benefit of a decade's perspective, strengthen crucial civil-liberties safeguards without unduly burdening legitimate intelligence gathering. Two of the provisions slated for sunsetroving wiretap authority and the so-called “Section 215” orders for the production of records—should be narrowed to mitigate the risk of overcollection of sensitive information about innocent Americans. A third—authority to employ the broad investigative powers of the Foreign Intelligence Surveillance Act against “lone wolf” suspects who lack ties to any foreign terror group—does not appear to be necessary at all.
Topic:
Defense Policy, Intelligence, National Security, Counterinsurgency, Governance, and Law
Political Geography:
United States

29. The Global Abolition of Human Trafficking – The Indispensable Role of the United States

Author:
Mark P. Lagon
Publication Date:
02-2011
Content Type:
Journal Article
Journal:
Georgetown Journal of International Affairs
Institution:
Georgetown Journal of International Affairs
Abstract:
Much progress has been made in the fight against human trafficking over the past ten years thanks to the implementation of a UN treaty and a comprehensive U.S. law to combat this crime. What actions have states and non-state actors taken against human trafficking so far, and what more should be done in order to help the millions of trafficking victims worldwide?
Topic:
United Nations and Law
Political Geography:
United States

30. More Prisoners Versus More Crime is the Wrong Question

Author:
Jens Ludwig and Philip J. Cook
Publication Date:
12-2011
Content Type:
Policy Brief
Institution:
The Brookings Institution
Abstract:
The unprecedented surge in incarceration since 1980 has stimulated a national debate between those who claim that locking up over 2 million people is necessitated by public safety concerns, and those who say the human and financial burden of imprisoning so many of our citizens is intolerable.
Topic:
Crime, Human Rights, Law, and Prisons/Penal Systems
Political Geography:
United States