03882nam 2200517 450 991055420930332120220607131754.00-674-27016-90-674-27014-210.4159/9780674270145(CKB)4940000000610278(MiAaPQ)EBC6715768(Au-PeEL)EBL6715768(DE-B1597)590546(OCoLC)1266906002(DE-B1597)9780674270145(EXLCZ)99494000000061027820220607d2021 uy 0engurcnu||||||||txtrdacontentcrdamediacrrdacarrierPurchasing submission conditions, power, and freedom /Philip HamburgerCambridge, Massachusetts :Harvard University Press,[2021]©20211 online resource (337 pages)Includes index.0-674-25823-1 Frontmatter -- Contents -- Preface -- Introduction -- PART I. The Problem -- 1 Poorly Understood -- 2 Examples -- 3 Regulatory Conditions -- PART II. Unconstitutional Pathway -- 4 Spending -- 5 Divesting and Privatizing Government Powers -- 6 Short-Circuiting Politics -- 7 Denying Procedural Rights -- 8 Federalism -- PART III. Unconstitutional Restrictions -- 9 Consent No Relief from Constitutional Limits -- 10 Consent within and beyond the Constitution -- PART IV. Federal Action -- 11 Varieties of Federal Action -- 12 Force and Other Pressure amid Consent -- 13 Irrelevance of Force and Other Pressure -- PART V. Beyond Consent -- 14 Regulatory Extortion -- 15 Regulatory Agents -- Conclusion -- Notes -- Acknowledgments -- IndexFrom a leading constitutional scholar, an important study of a powerful mode of government control: the offer of money and other privileges to secure submission to unconstitutional power. The federal government increasingly regulates by using money and other benefits to induce private parties and states to submit to its conditions. It thereby enjoys a formidable power, which sidesteps a wide range of constitutional and political limits. Conditions are conventionally understood as a somewhat technical problem of “unconstitutional conditions”—those that threaten constitutional rights—but at stake is something much broader and more interesting. With a growing ability to offer vast sums of money and invaluable privileges such as licenses and reduced sentences, the federal government increasingly regulates by placing conditions on its generosity. In this way, it departs not only from the Constitution’s rights but also from its avenues of binding power, thereby securing submission to conditions that regulate, that defeat state laws, that commandeer and reconfigure state governments, that extort, and even that turn private and state institutions into regulatory agents. The problem is expansive, including almost the full range of governance. Conditions need to be recognized as a new mode of power—an irregular pathway—by which government induces Americans to submit to a wide range of unconstitutional arrangements. Purchasing Submission is the first book to recognize this problem. It explores the danger in depth and suggests how it can be redressed with familiar and practicable legal tools.Consent (Law)United StatesConstitutional lawUnited StatesDuress (Law)United StatesConsent (Law)Constitutional lawDuress (Law)342.73/041Hamburger Philip1957-1195227MiAaPQMiAaPQMiAaPQBOOK9910554209303321Purchasing submission2872574UNINA