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Browsing by Subject "Constitution"

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    The Filibuster, the Constitution, and the Founding Fathers
    (2003-04) Blake, William D
    The filibuster is inconsistent with the vision of the Senate expressed by the Framers in the Constitution, the Federalist Papers and early congressional history.
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    Is There a Constitutional Common Good?
    (Elsevier, 2021-03-17) Wright, R. George; Robert H. McKinney School of Law
    Identifying and pursuing some widely shared idea of the common good seems central to a sustainable constitutional order. This may seem especially true in an era of deep political division. The problem, though, is that such political division may indeed heighten the need for recognizing and promoting a shared constitutional common good, while at the same time preventing just such an identification and pursuit of any such common good. What is needed is a way to disrupt this vicious circle. Herein, we illustrate the operation of this vicious circle. We conclude, however, more optimistically, that this vicious circle can ultimately be disrupted. To some degree, increased attention to familiar basic virtues can perform this vital constructive role.
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    Thirty Years of Public Management Scholarship: Plenty of “How” Not Enough “Why”
    (Emerald, 2017) Kennedy, Sheila Suess; School of Public and Environmental Affairs
    Purpose The purpose of this paper is to determine the overarching lessons to be gleaned from 30 years of public management literature. Design/methodology/approach The methodology was simple: review the professional literature generated during that time period. Findings Despite important contributions to our understanding of everything from bureaucratic motivation, public budgeting processes, the promises and pitfalls of contracting out and identification of the skills needed to be an effective public manager, to the scientific arcana of sustainability and the respective responsibilities of public administrators and elected officials, the profession would benefit greatly from more sustained emphasis upon the history and philosophy of the constitutional choices made by those who framed America’s original approach to governance. Originality/value The lack of a common understanding of America’s legal culture, or even a common vocabulary for exploring our differences poses immense challenges to public administrators, whose effectiveness requires a widely shared, if necessarily superficial, agreement on the purposes of America’s governing institutions and an ability to recognize the bases of government legitimacy. In the past 30 years, however, literature that addresses the important connections between constitutional theory and management practice, between the rule of law and the exercise of public power and discretion, has been all too rare. Let us hope that the next 30 years corrects that deficiency.
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