Author: Daniel Webster
Publisher:
ISBN:
Category : Constitutional history
Languages : en
Pages : 84

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Author: Daniel Webster
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 200

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Book Description

Author: Daniel Webster
Publisher:
ISBN: 9780371872031
Category :
Languages : en
Pages : 204

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Book Description
This is a reproduction of the original artefact. Generally these books are created from careful scans of the original. This allows us to preserve the book accurately and present it in the way the author intended. Since the original versions are generally quite old, there may occasionally be certain imperfections within these reproductions. We're happy to make these classics available again for future generations to enjoy!

Author: Lewis Cruger
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 28

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Author: Edmund Steele Joy
Publisher:
ISBN: 9781330846407
Category : Political Science
Languages : en
Pages : 52

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Book Description
Excerpt from The Right of the Territories to Become States of the Union The conflict of opinion regarding the nature of the American Union was settled by the Civil war. Many held before that time, that the Nation was the result of a compact entered into by free and independent States, which, while recognizing the Constitution as a common bond of union, yet left to each State as a part of an inherent sovereignty, the right either to nullify a national obligation or to withdraw without the circle of national influence and power. This conception of the Union, which is known as the states-rights doctrine, was adopted by the Southern States and their deliberate acts of secession were the immediate cause of the Civil war and all its attending disasters. But with the defeat of the South, the dogma of states-rights perished. Henceforth the Constitution is to be viewed, not as a compact between sovereign States, but as the fundamental law of the whole land - as the expression of the will of the entire Nation - and arguments relating to it must be based upon that fundamental conception. 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.

Author: David Benner
Publisher:
ISBN: 9781502491381
Category :
Languages : en
Pages : 388

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Book Description
The genesis of the United States Constitution was built upon centuries of tyranny inflicted by treacherous kings and highly centralized government. In many cases, this authority had to be challenged directly in order for liberty to thrive. As a result, the Constitution was born from a laborious and exhaustive understanding of the British experience that the founders lived under and observed. In Compact of the Republic, David Benner aims to prove that the Constitution did not impose a nationalist, powerful central government, and was not ratified by "one people." Instead, the Constitution was a multi-party compact set up by the states, where the states were the masters of their own creation. The states built the federal government, and did not intend for their creation to rule over them. Compact of the Republic promises to become the standard argument for the compact view of the union, and throws a wrench into the wheel of contemporary legal thought. In Compact of the Republic, historian David Benner: *Contends that representatives were made aware that power could be resumed by the states after acts of federal overreach and usurpation *Explores the historical foundation behind the Bill of Rights, and traces the limitations on government to malevolent actions of kings *Proves the Constitution acknowledges the states in the plural, as a collection of societies with varied interests *Reveals that the "elastic clauses" were clearly explained and leave no room for modern reinterpretation *Explains how the federal judiciary now overturns state laws that they have no discretion over, to the contrary of its original scope of power *Describes how Thomas Jefferson and James Madison believed that unconstitutional federal laws had to be opposed, nullified, and obstructed by the states *Illustrates that ratification was only secured by convincing opponents of the Constitution that the document would produce a weak general government with limited, enumerated powers

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.

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.

Author: Lysander Spooner
Publisher: Read Books Ltd
ISBN: 1447488903
Category : Philosophy
Languages : en
Pages : 60

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Book Description
Originally published in 1870, this essay by the American anarchist and political philosopher Lysander Spooner is here reproduced. Described by Murray Rothbard as “the greatest case for anarchist political philosophy ever written”, Spooner’s lengthy essay is still referenced by anarchists and philosophers today. In it, he argues that the American Civil War violated the US Constitution, thus rendering it null and void. An indispensable read for political historians both amateur and professional alike. Many of the earliest books, particularly those dating back to the 1900s and before, are now extremely scarce and increasingly expensive. We are republishing these classic works in affordable, high quality, modern editions, using the original text and artwork.

Author: Matej Avbelj
Publisher: Bloomsbury Publishing
ISBN: 1847318916
Category : Law
Languages : en
Pages : 452

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Book Description
Constitutional pluralism has become immensely popular among scholars who study European integration and issues of global governance. Some of them believe that constitutionalism, traditionally thought to be bound to a nation state, can emerge beyond state borders - most importantly in the process of European integration, but also beyond that, for example, in international regulatory regimes such as the WTO, or international systems of fundamental rights protection, such as the European Convention. At the same time, the idea of constitutional pluralism has not gone unchallenged. Some have questioned its compatibility with the very nature of law and the values which law brings to constitutionalism. The critiques have come from both sides: from those who believe in the 'traditional' European constitutionalism based on a hierarchically superior authority of the European Union as well as from scholars focusing on constitutions of particular states. The book collects contributions taking opposing perspectives on constitutional pluralism - some defending and promoting the concept of constitutional pluralism, some criticising and opposing it. While some authors can be called 'the founding fathers of constitutional pluralism', others are young academics who have recently entered the field. Together they offer fresh perspectives on both theoretical and practical aspects of constitutional pluralism, enriching our existing understanding of the concept in current scholarship.