Nullification and Secession in Modern Constitutional Thought

Nullification and Secession in Modern Constitutional Thought PDF Author: Sanford Levinson
Publisher: University Press of Kansas
ISBN: 0700622993
Category : Political Science
Languages : en
Pages : 384

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Book Description
The Missouri legislature passes a bill to flout federal gun-control laws it deems unconstitutional. Texas refuses to recognize same-sex marriages, citing the state's sovereignty. The Tenth Amendment Center promotes the “Federal Health Care Nullification Act.” In these and many other similar instances, the spirit of nullification is seeing a resurgence in an ever-more politically fragmented and decentralized America. What this means—in legal, cultural, and historical terms—is the question explored in Nullification and Secession in Modern Constitutional Thought. Bringing together a number of distinguished scholars, the book offers a variety of informed perspectives on what editor Sanford Levinson terms “neo-nullification,” a category that extends from formal declarations on the invalidity of federal law to what might be called “uncooperative federalism.” Mark Tushnet, Mark Graber, James Read, Jared Goldstein, Vicki Jackson, and Alison La Croix are among the contributors who consider a strain of federalism stretching from the framing of the Constitution to the state of Texas's most recent threat to secede from the United States. The authors look at the theory and practice of nullification and secession here and abroad, discussing how contemporary advocates use the text and history of the Constitution to make their cases, and how very different texts and histories influence such movements outside of the United States—in Scotland, for instance, or Catalonia, or Quebec, or even England vis-à-vis the European Union. Together these essays provide a nuanced account of the practical and philosophical implications of a concept that has marked America's troubled times, from the build-up to the Civil War to the struggle over civil rights to battles over the Second Amendment and Obamacare.

Nullification and Secession in Modern Constitutional Thought

Nullification and Secession in Modern Constitutional Thought PDF Author: Sanford Levinson
Publisher: University Press of Kansas
ISBN: 0700622993
Category : Political Science
Languages : en
Pages : 384

Get Book Here

Book Description
The Missouri legislature passes a bill to flout federal gun-control laws it deems unconstitutional. Texas refuses to recognize same-sex marriages, citing the state's sovereignty. The Tenth Amendment Center promotes the “Federal Health Care Nullification Act.” In these and many other similar instances, the spirit of nullification is seeing a resurgence in an ever-more politically fragmented and decentralized America. What this means—in legal, cultural, and historical terms—is the question explored in Nullification and Secession in Modern Constitutional Thought. Bringing together a number of distinguished scholars, the book offers a variety of informed perspectives on what editor Sanford Levinson terms “neo-nullification,” a category that extends from formal declarations on the invalidity of federal law to what might be called “uncooperative federalism.” Mark Tushnet, Mark Graber, James Read, Jared Goldstein, Vicki Jackson, and Alison La Croix are among the contributors who consider a strain of federalism stretching from the framing of the Constitution to the state of Texas's most recent threat to secede from the United States. The authors look at the theory and practice of nullification and secession here and abroad, discussing how contemporary advocates use the text and history of the Constitution to make their cases, and how very different texts and histories influence such movements outside of the United States—in Scotland, for instance, or Catalonia, or Quebec, or even England vis-à-vis the European Union. Together these essays provide a nuanced account of the practical and philosophical implications of a concept that has marked America's troubled times, from the build-up to the Civil War to the struggle over civil rights to battles over the Second Amendment and Obamacare.

Nullification, Secession, Webster's Argument, and the Kentucky and Virginia Resolutions

Nullification, Secession, Webster's Argument, and the Kentucky and Virginia Resolutions PDF Author: Caleb William Loring
Publisher:
ISBN:
Category : Kentucky and Virginia resolutions of 1798
Languages : en
Pages : 218

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Book Description


Nullification and Secession in the United States

Nullification and Secession in the United States PDF Author: Edward Payson Powell
Publisher:
ISBN:
Category : Mathematics
Languages : en
Pages : 488

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Book Description


The Constitutional Origins of the American Civil War

The Constitutional Origins of the American Civil War PDF Author: Michael F. Conlin
Publisher: Cambridge University Press
ISBN: 1108495273
Category : History
Languages : en
Pages : 351

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Book Description
Demonstrates the crucial role that the Constitution played in the coming of the Civil War.

Union & States' Rights

Union & States' Rights PDF Author: Neil Howard Cogan
Publisher:
ISBN: 9781461956907
Category : Federal government
Languages : en
Pages : 299

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Book Description
Edited by Neil H. Cogan, who is a well-versed legal scholar of constitutional law, civil rights, and civil and criminal procedures, this volume is a collection of papers on a central issue of governance in the United States; namely, what is the power of the States to object to and cancel Federal law with which they disagree. For eighty-one years, from the ratification of the Constitution to the end of the Civil War, this issue of State power was the central issue of governance. Chapters address the history and legal arguments for three assertions of such State power: interposition, nullification, and secession. Scholars approach the assertions from the perspective of the original understanding of the Union; the antebellum arguments against the assertion of Federal power and in favor of concerted action; and contemporary viewpoints. Although both interposition and nullification were disruptive to the concept of union, the act of secession was an almost fatal assertion of State power against the Union. Now, 150 years after South Carolina's secession from the Union, it is appropriate to reconsider the arguments made for interposition, nullification, and secession. Currently In several states, nullification measures are before the legislatures. During the recent Texas Gubernatorial campaign, secession was discussed by two of the major candidates. The Tea Party Movement is reflective of a broader movement to limit Federal intervention in State matters. The publication of this collection provides an intelligent voice to the national debate.

Secession and Constitutional Liberty

Secession and Constitutional Liberty PDF Author: Bunford Samuel
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 448

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Book Description


Nullification, Secession, Webster's Argument and the Kentucky and Virginia Resolutions

Nullification, Secession, Webster's Argument and the Kentucky and Virginia Resolutions PDF Author: Caleb William Loring
Publisher: Hardpress Publishing
ISBN: 9781290964104
Category :
Languages : en
Pages : 198

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Book Description
Unlike some other reproductions of classic texts (1) We have not used OCR(Optical Character Recognition), as this leads to bad quality books with introduced typos. (2) In books where there are images such as portraits, maps, sketches etc We have endeavoured to keep the quality of these images, so they represent accurately the original artefact. Although occasionally there may be certain imperfections with these old texts, we feel they deserve to be made available for future generations to enjoy.

Secession, State, and Liberty

Secession, State, and Liberty PDF Author: David Gordon
Publisher: Routledge
ISBN: 1351491709
Category : Political Science
Languages : en
Pages : 560

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Book Description
The political impulse to secede - to attempt to separate from central government control - is a conspicuous feature of the post-cold war world. It is alive and growing in Canada, Russia, China, Italy, Belgium, Britain, and even the United States Yet secession remains one of the least studied and least understood of all historical and political phenomena. The contributors to this volume have filled this gap with wide-ranging investigations - rooted in history, political philosophy, ethics, and economic theory - of secessionist movements in the United States, Canada, and Europe.

NULLIFICATION SECESSION WEB AR

NULLIFICATION SECESSION WEB AR PDF Author: Caleb William Loring
Publisher: Wentworth Press
ISBN: 9781371392888
Category : History
Languages : en
Pages : 190

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Book Description
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Nullification, Secession, Webster's Argument

Nullification, Secession, Webster's Argument PDF Author: Caleb William Loring
Publisher: Forgotten Books
ISBN: 9781528585101
Category : Political Science
Languages : en
Pages : 182

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Book Description
Excerpt from Nullification, Secession, Webster's Argument: And the Kentucky and Virginia Resolutions, Considered in Reference to the Constitution and Historically The nation, as Pallas Athene full grown and armed from the brain of Zeus, sprang to life from the Constitution with the sovereign authority necessary for its existence ahd the power to enforce its rule. In the beginning there was no debate, no question of its nation ality. The early commentators on the Consti tution (and Story wrote three volumes upon that matter) did not even mention that there was a doubt of it. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.