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Author: Forrest McDonald
Publisher:
ISBN:
Category : History
Languages : en
Pages : 314
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Book Description
McDonald (history, U. of Alabama) explores the balance between general and local authority in government. Tracing the concept of states' rights from the Declaration of Independence to the end of Reconstruction, he illuminates the constitutional, political, and economic contexts in which the issues have evolved. Annotation copyrighted by Book News Inc., Portland, OR
Author: Forrest McDonald
Publisher:
ISBN:
Category : History
Languages : en
Pages : 314
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Book Description
McDonald (history, U. of Alabama) explores the balance between general and local authority in government. Tracing the concept of states' rights from the Declaration of Independence to the end of Reconstruction, he illuminates the constitutional, political, and economic contexts in which the issues have evolved. Annotation copyrighted by Book News Inc., Portland, OR
Author: Adam Freedman
Publisher: Broadside Books
ISBN: 9780062269959
Category : Political Science
Languages : en
Pages : 0
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Book Description
One of America’s leading conservative commentators on constitutional law provides an illuminating history of states’ rights, and the vital importance of reviving them today. Liberals believe that the argument for “states’ rights” is a smokescreen for racist repression. But historically, the doctrine of states’ rights has been an honorable tradition—a necessary component of constitutional government and a protector of American freedoms. Our Constitution is largely devoted to restraining the federal government and protecting state sovereignty. Yet for decades, Adam Freedman contends, the federal government has usurped rights that belong to the states in a veritable coup. In A Less Perfect Union, Freedman provides a detailed and lively history of the development and creation of states’ rights, from the constitutional convention through the Civil War and the New Deal to today. Surveying the latest developments in Congress and the state capitals, he finds a growing sympathy for states’ rights on both sides of the aisle. Freedman makes the case for a return to states’ rights as the only way to protect America, to serve as a check against the tyranny of federal overreach, take power out of the hands of the special interests and crony capitalists in Washington, and realize the Founders’ vision of libertarian freedom—a nation in which states are free to address the health, safety, and economic well-being of their citizens without federal coercion and crippling bureaucratic red tape.
Author: John Codman Hurd
Publisher:
ISBN:
Category : State rights
Languages : en
Pages : 146
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Book Description
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: 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.
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: Richard E. Ellis
Publisher: Oxford University Press
ISBN: 0198020848
Category : History
Languages : en
Pages : 280
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Book Description
The Nullification Crisis of 1832-33 is undeniably the most important major event of Andrew Jackson's two presidential terms. Attempting to declare null and void the high tariffs enacted by Congress in the late 1820s, the state of South Carolina declared that it had the right to ignore those national laws that did not suit it. Responding swiftly and decisively, Jackson issued a Proclamation reaffirming the primacy of the national government and backed this up with a Force Act, allowing him to enforce the law with troops. Although the conflict was eventually allayed by a compromise fashioned by Henry Clay, the Nullification Crisis raises paramount issues in American political history. The Union at Risk studies the doctrine of states' rights and illustrates how it directly affected national policy at a crucial point in 19th-century politics. Ellis also relates the Nullification Crisis to other major areas of Jackson's administration--his conflict with the National Bank, his Indian policy, and his relationship with the Supreme Court--providing keen insight into the most serious sectional conflict before the Civil War.
Author: Cynthia Nicoletti
Publisher: Cambridge University Press
ISBN: 1108415520
Category : Biography & Autobiography
Languages : en
Pages : 359
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Book Description
This book explores the treason trial of President Jefferson Davis, where the question of secession's constitutionality was debated.
Author: John C. Hurd
Publisher:
ISBN: 9781331007715
Category : Political Science
Languages : en
Pages : 140
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Book Description
Excerpt from The Union-State: A Letter to Our States-Rights Friend The production of these pages originated in a brief correspondence with a citizen of one of the North-western States, who had, in a recent publication, presented an argument in defense of the States of the Southern Confederacy in asserting a right to secede from the Union. In our discussion, the historical question of the actual political status of the thirteen States, at the time when the Constitution was proposed for ratification by them, seemed, to each of us, the question which required to be settled at the outset, as between ourselves. This question - we were agreed - could be decided only by historical evidence from the record, as distinguished from any assumptions, or any arguments, as to the merits or demerits of imaginable systems of government. On looking up this record-evidence, for use in our private correspondence, it seemed to require more verbal citation and careful reference to the accredited sources of information than could well be arranged in the usually indifferent style of epistolary writing. 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: Joseph F. Zimmerman
Publisher: Lexington Books
ISBN: 0739198076
Category : Political Science
Languages : en
Pages : 177
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Book Description
Congress in the latter part of the nineteenth century decided to enact a series of statutes facilitating state enforcement of their respective criminal laws. Subsequently, Congress enacted statutes federalizing what had been solely state crimes, thereby establishing federal court and state court concurrent jurisdiction over these crimes. Federalization of state crimes has been criticized by numerous scholars, U.S. Supreme Court justices, and national organizations. Such federalization has congested the calendars of the U.S. District Court and the U.S. Court of Appeals leading to delays in civil cases because of the Speedy TrialAct that vacates a criminal indictment if a trial is not commenced within a specific number of days, resulted in over-crowded U.S. penitentiaries, and raises the issue of double jeopardy that is prohibited by the Fifth Amendment to the U.S. Constitution and the constitution of each state. This book examines the impact of federalization of state crime and draws conclusions regarding its desirability. It also offers recommendations directed to Congress and the President, one recommendation direct to state legislatures for remedial actions to reduce the undesirable effects of federalized state crimes, and one recommendation that Congress and all states enter into a federal-interstate criminal suppression compact.
