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Philip Hamburger

Purchasing Submission: Conditions, Power, and Freedom

Purchasing Submission: Conditions, Power, and Freedom

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  • More about Purchasing Submission: Conditions, Power, and Freedom


The federal government uses money and other benefits to induce private parties and states to submit to its conditions, which sidesteps constitutional and political limits. This is a new mode of power called "Purchasing Submission," and the book explores the danger and suggests how it can be redressed with legal tools.

\n Format: Hardback
\n Length: 336 pages
\n Publication date: 15 October 2021
\n Publisher: Harvard University Press
\n


The federal government employs a powerful strategy to regulate by offering money and other privileges to secure submission to unconstitutional power. This approach allows the government to bypass constitutional and political limits, exerting a formidable power that sidesteps conventional constraints. Traditionally, conditions are perceived as a technical issue related to "unconstitutional conditions" that threaten constitutional rights. However, the broader implications are more significant. By offering vast sums of money and valuable privileges, such as licenses and reduced sentences, the federal government can effectively regulate by placing conditions on its generosity. This departure from constitutional rights and binding power enables the government to exert control over various aspects of governance, including state laws, government institutions, extortion, and even the transformation of private and state institutions into regulatory agents.

The scope of this problem is vast, encompassing almost the entire realm of governance. Recognizing conditions as a new mode of power, distinct from traditional avenues, is crucial. Purchasing Submission is the first book to address this issue, delving into the depth of the danger and proposing practical legal tools for redress.

\n Weight: 518g\n
Dimension: 151 x 216 x 32 (mm)\n
ISBN-13: 9780674258235\n \n

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