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"The Constitution's a sacred document, but it is not a suicide pact," Sen. Lindsey Graham (R–S.C.) said in 2016, voicing support for banning gun possession by people on "no fly" lists. "This is ...
"Consent of the governed" is a phrase found in the 1776 United States Declaration of Independence, written by Thomas Jefferson.. Using thinking similar to that of John Locke, the founders of the United States believed in a state built upon the consent of "free and equal" citizens; a state otherwise conceived would lack legitimacy and rational-legal authority.
One argument in support of the concept of a "Living Constitution" is the concept that the Constitution itself is silent on the matter of constitutional interpretation. Proponents assert that the Constitution's framers, most of whom were trained lawyers and legal theorists, were certainly aware of the debates and would have known the confusion ...
Republican presidents, including Trump, did not follow through on promises to use unitary executive power to shrink government, instead opting to use the administration to advance their policies. [22] The theory originated in conservative legal circles, most notably in the Federalist Society. [22]
The government was to be separated from economics the same way and for the same reasons it was separated from religion. Any governmental action not directed at the defense of individual rights would constitute the initiation of force (or threat of force), and therefore a violation not only of rights but also of the legitimate function of ...
The genealogical exploration of the modern state as "problem of government" does not only deepen Foucault's analyses on sovereignty and biopolitics; it offers an analytics of government which refines both Foucault's theory of power and his understanding of freedom. [14] The concept of "governmentality" develops a new understanding of power.
Throughout the literature dealing with modern public law and the foundations of statecraft the central element of the concept of constitutionalism is that in political society government officials are not free to do anything they please in any manner they choose; they are bound to observe both the limitations on power and the procedures which ...
As in the United Kingdom and in other similar parliamentary systems, in the U.S. Americans eligible to vote, vote for an individual candidate (there are sometimes exceptions in local government elections) [note 1] and not a party list. The U.S. government being a federal government, officials are elected at the federal (national), state and ...