States Rights And The Union
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Author | : Forrest McDonald |
Publisher | : University Press of Kansas |
Total Pages | : 304 |
Release | : 2000-10-24 |
Genre | : Political Science |
ISBN | : 0700612270 |
Forrest McDonald has long been recognized as one of our most respected and provocative intellectual hsitorians. With this new book, he once again delivers an illuminating meditation on a major theme in American history and politics. Elegantly and accessibly written for a broad readership, McDonald's book provides an insightful look at states' rights-an issue that continues to stir debate nationwide. From constitutional scholars to Supreme Court justices to an electorate that's grown increasingly wary of federal power, the concept of states' rights has become a touchstone for a host of political and legal controversies. But, as McDonald shows, that concept has deep roots that need to be examined if we're to understand its implications for current and future debates. McDonald's study revolves around the concept of imperium in imperio-literally "sovereignty within sovereignty" or the division of power within a single jurisdiction. With this broad principle in hand, he traces the states' rights idea from the Declaration of Independence to the end of Reconstruction and illuminates the constitutional, political, and economic contexts in which it evolved. Although the Constitution, McDonald shows, gave the central government expansive powers, it also legitimated the doctrine of states' rights. The result was an uneasy tension and uncertainty about the nature of the central government's relationship to the states. At times the issue bubbled silently and unseen beneath the surface of public awareness, but at other times it exploded. McDonald follows this episodic rise and fall of federal-state relations from the Hamilton-Jefferson rivalry to the Virginia and Kentucky Resolutions, New England's resistance to Jefferson's foreign policy and the War of 1812, the Nullification Controversy, Andrew Jackson's war against the Bank of the United States, and finally the vitriolic public debates that led to secession and civil war. Other scholars have touched upon these events individually, but McDonald is the first to integrate all of them from the perspective of states' rights into one synthetic and magisterial vision. The result is another brilliant study from a masterful historian writing on a subject of great import for Americans.
Author | : Forrest McDonald |
Publisher | : |
Total Pages | : 314 |
Release | : 2000 |
Genre | : History |
ISBN | : |
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 | : William C. Harris |
Publisher | : University Press of Kansas |
Total Pages | : 433 |
Release | : 2014-08-15 |
Genre | : History |
ISBN | : 070062015X |
Adopting a new approach to an American icon, an award-winning scholar reexamines the life of Abraham Lincoln to demonstrate how his remarkable political acumen and leadership skills evolved during the intense partisan conflict in pre-Civil War Illinois. By describing Lincoln's rise from obscurity to the presidency, William Harris shows that Lincoln's road to political success was far from easy-and that his reaction to events wasn't always wise or his racial attitudes free of prejudice. Although most scholars have labeled Lincoln a moderate, Harris reveals that he was by his own admission a conservative who revered the Founders and advocated "adherence to the old and tried." By emphasizing the conservative bent that guided Lincoln's political evolution-his background as a Henry Clay Whig, his rural ties, his cautious nature, and the racial and political realities of central Illinois-Harris provides fresh insight into Lincoln's political ideas and activities and portrays him as morally opposed to slavery but fundamentally conservative in his political strategy against it. Interweaving aspects of Lincoln's life and character that were an integral part of his rise to prominence, Harris provides in-depth coverage of Lincoln's controversial term in Congress, his re-emergence as the leader of the antislavery coalition in Illinois, and his Senate campaign against Stephen A.Douglas. He particularly describes how Lincoln organized the antislavery coalition into the Republican Party while retaining the support of its diverse elements, and sheds new light on Lincoln's ongoing efforts to bring Know Nothing nativists into the coalition without alienating ethnic groups. He also provides new information and analysis regarding Lincoln's nomination and election to the presidency, the selection of his cabinet, and his important role as president-elect during the secession crisis of 1860-1861. Challenging prevailing views, Harris portrays Lincoln as increasingly driven not so much by his own ambitions as by his antislavery sentiments and his fear for the republic in the hands of Douglas Democrats, and he shows how the unique political skills Lincoln developed in Illinois shaped his wartime leadership abilities. By doing so, he opens a window on his political ideas and influences and offers a fresh understanding of this complex figure.
Author | : Jesse L. Jackson Jr. |
Publisher | : Archway Publishing |
Total Pages | : 590 |
Release | : 2021-11-12 |
Genre | : History |
ISBN | : 1665704632 |
Race, from the beginning and more than any other element, has shaped America's institutions, its economics, politics, laws, social structures, and political attitudes. Congressman Jackson considers race to be the focal point of America through the language of the economy because "the economy is the hearing aid through which Americans hear all political dialogue." In this thought provoking work, Jackson provides ample documentation and insightful analysis of the inextricable link between race and economics. More important Jackson proposes a radical economic strategy and program of new human rights that would build A More Perfect Union for all Americans and put them in a better position to come to grips with this enduring American legacy.
Author | : Joseph F. Zimmerman |
Publisher | : Lexington Books |
Total Pages | : 177 |
Release | : 2014-08-06 |
Genre | : Political Science |
ISBN | : 0739198076 |
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.
Author | : Mark E. Brandon |
Publisher | : University Press of Kansas |
Total Pages | : 352 |
Release | : 2013-09-17 |
Genre | : Law |
ISBN | : 0700619232 |
In two canonical decisions of the 1920s—Meyer v. Nebraska and Pierce v. Society of Sisters—the Supreme Court announced that family (including certain relations within it) was an institution falling under the Constitution’s protective umbrella. Since then, proponents of “family values” have claimed that a timeless form of family—nuclear and biological—is crucial to the constitutional order. Mark Brandon’s new book, however, challenges these claims. Brandon addresses debates currently roiling America—the regulation of procreation, the roles of women, the education of children, divorce, sexuality, and the meanings of marriage. He also takes on claims of scholars who attribute modern change in family law to mid-twentieth-century Supreme Court decisions upholding privacy. He shows that the “constitutional” law of family has much deeper roots. Offering glimpses into American households across time, Brandon looks at the legal and constitutional norms that have aimed to govern those households and the lives within them. He argues that, well prior to the 1960s, the nature of families in America had been continually changing—especially during western expansion, but also in the founding era. He further contends that the monogamous nuclear family was codified only at the end of the nineteenth century as a response to Mormon polygamy, communal experiments, and Native American households. Brandon discusses the evolution of familial jurisprudence as applied to disputes over property, inheritance, work, reproduction, the status of women and children, the regulation of sex, and the legal limits to and constitutional significance of marriage. He shows how the Supreme Court’s famous decisions in the latter part of the twentieth century were largely responses to societal change, and he cites a wide range of cases that offer fresh insight into the ways the legal system responded to various forms of family life. More than a historical overview, the book also considers the development of same-sex marriage as a political and legal issue in our time. States of Union is a groundbreaking volume that explains how family came to be “in” the Constitution, what it has meant for family to be constitutionally significant, and what the implications of that significance are for the constitutional order and for families.
Author | : Luigi Marco Bassani |
Publisher | : Mercer University Press |
Total Pages | : 284 |
Release | : 2010 |
Genre | : Biography & Autobiography |
ISBN | : 0881461865 |
Examines the political ideals of Thomas Jefferson, discussing his views on the rights of man and state's rights, and describing the political theory that guided Jefferson's decisions as the nation's third president.
Author | : Alexander Hamilton |
Publisher | : Read Books Ltd |
Total Pages | : 420 |
Release | : 2018-08-20 |
Genre | : History |
ISBN | : 1528785878 |
Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.
Author | : Michael F. Conlin |
Publisher | : Cambridge University Press |
Total Pages | : 351 |
Release | : 2019-07-18 |
Genre | : History |
ISBN | : 1108495273 |
Demonstrates the crucial role that the Constitution played in the coming of the Civil War.
Author | : Edgar J. McManus |
Publisher | : Routledge |
Total Pages | : 966 |
Release | : 2014-01-21 |
Genre | : Political Science |
ISBN | : 1136757236 |
This, the concise edition of Liberty and Union, is an abridged constitutional history of the United States, designed for short single-semester courses, comprising the key topics from Volumes 1 and 2. Written in a clear and engaging narrative style, it successfully unites thorough chronological coverage with a thematic approach, offering critical analysis of core constitutional history topics, set in the political, social, and economic context that made them constitutional issues in the first place. Combining a thoughtful and balanced narrative with an authoritative stance on key issues, the authors deliberately explain the past in the light of the past, without imposing upon it the standards of later generations. Authored by two experienced professors in the field, this concise edition presents seminal topics while retaining the narrative flow of the two full original volumes. An accessible alternative to dense scholarly works, this textbook avoids unnecessary technical jargon, defines legal terms and historical personalities where appropriate, and makes explicit connections between constitutional themes and historical events. For students in a short undergraduate or postgraduate constitutional history course, or anyone with a general interest in constitutional developments, this book will be essential reading. Useful features include: Full glossary of legal terminology Recommended reading A table of cases Extracts from primary documents Companion website Useful documents provided: Declaration of Independence Articles of Confederation Constitution of the United States of America Chronological list of Supreme Court justices