The Rights Of States
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Author | : Sotirios A. Barber |
Publisher | : Harvard University Press |
Total Pages | : 256 |
Release | : 2013-01-01 |
Genre | : Political Science |
ISBN | : 0674067967 |
Barber shows how arguments for states’ rights from John C. Calhoun to the present offend common sense, logic, and bedrock constitutional principles. The Constitution is a charter of positive benefits, not a contract among separate sovereigns whose function is to protect people from the central government, when there are greater dangers to confront.
Author | : United States |
Publisher | : |
Total Pages | : 1722 |
Release | : 2001 |
Genre | : Law |
ISBN | : |
Author | : Sean Beienburg |
Publisher | : University of Chicago Press |
Total Pages | : 333 |
Release | : 2019-06-20 |
Genre | : History |
ISBN | : 022663213X |
Colorado’s legalization of marijuana spurred intense debate about the extent to which the Constitution preempts state-enacted laws and statutes. Colorado’s legal cannabis program generated a strange scenario in which many politicians, including many who freely invoke the Tenth Amendment, seemed to be attacking the progressive state for asserting states’ rights. Unusual as this may seem, this has happened before—in the early part of the twentieth century, as America concluded a decades-long struggle over the suppression of alcohol during Prohibition. Sean Beienburg recovers a largely forgotten constitutional debate, revealing how Prohibition became a battlefield on which skirmishes of American political development, including the debate over federalism and states’ rights, were fought. Beienburg focuses on the massive extension of federal authority involved in Prohibition and the passage of the Eighteenth Amendment, describing the roles and reactions of not just Congress, the presidents, and the Supreme Court but political actors throughout the states, who jockeyed with one another to claim fidelity to the Tenth Amendment while reviling nationalism and nullification alike. The most comprehensive treatment of the constitutional debate over Prohibition to date, the book concludes with a discussion of the parallels and differences between Prohibition in the 1920s and debates about the legalization of marijuana today.
Author | : James T. O'Reilly |
Publisher | : American Bar Association |
Total Pages | : 252 |
Release | : 2006 |
Genre | : Law |
ISBN | : 9781590317440 |
Preemption is a doctrine of American constitutional law, under which states and local governments are deprived of their power to act in a given area, whether or not the state or local law, rule or action is in direct conflict with federal law. This book covers not only the basics of preemption but also focuses on such topics as federal mechanisms for agency preemption, implied forms of preemption, and defensive use of federal preemption in civil litigation.
Author | : Robert A. Schapiro |
Publisher | : University of Chicago Press |
Total Pages | : 250 |
Release | : 2009-08-01 |
Genre | : Political Science |
ISBN | : 0226736644 |
The relationship between the states and the national government is among the most contested issues in the United States. And questions about where power should reside, how decisions should be made, and how responsibility should be allocated have been central to the American experiment in federalism. In Polyphonic Federalism, Robert A. Schapiro defends the advantages of multiple perspectives in government, arguing that the resulting “polyphony” creates a system that is more efficient, democratic, and protective of liberties. This groundbreaking volume contends that contemporary views of federalism are plagued by outmoded dualist notions that seek to separate state and federal authority. Instead, Schapiro proposes a polyphonic model that emphasizes the valuable interaction of state and federal law, one that more accurately describes the intersecting realities of local and national power. Through an analysis of several legal and policy debates, Polyphonic Federalism demonstrates how a multifaceted government can best realize the potential of federalism to protect fundamental rights.
Author | : David F. Forte |
Publisher | : Simon and Schuster |
Total Pages | : 644 |
Release | : 2014-09-16 |
Genre | : Political Science |
ISBN | : 1621573524 |
A landmark work of more than one hundred scholars, The Heritage Guide to the Constitution is a unique line-by-line analysis explaining every clause of America's founding charter and its contemporary meaning. In this fully revised second edition, leading scholars in law, history, and public policy offer more than two hundred updated and incisive essays on every clause of the Constitution. From the stirring words of the Preamble to the Twenty-seventh Amendment, you will gain new insights into the ideas that made America, important debates that continue from our Founding, and the Constitution's true meaning for our nation
Author | : Christopher J. Coyne |
Publisher | : Stanford University Press |
Total Pages | : 314 |
Release | : 2018-04-03 |
Genre | : Business & Economics |
ISBN | : 1503605280 |
Many Americans believe that foreign military intervention is central to protecting our domestic freedoms. But Christopher J. Coyne and Abigail R. Hall urge engaged citizens to think again. Overseas, our government takes actions in the name of defense that would not be permissible within national borders. Emboldened by the relative weakness of governance abroad, the U.S. government is able to experiment with a broader range of social controls. Under certain conditions, these policies, tactics, and technologies are then re-imported to America, changing the national landscape and increasing the extent to which we live in a police state. Coyne and Hall examine this pattern—which they dub "the boomerang effect"—considering a variety of rich cases that include the rise of state surveillance, the militarization of domestic law enforcement, the expanding use of drones, and torture in U.S. prisons. Synthesizing research and applying an economic lens, they develop a generalizable theory to predict and explain a startling trend. Tyranny Comes Home unveils a new aspect of the symbiotic relationship between foreign interventions and domestic politics. It gives us alarming insight into incidents like the shooting in Ferguson, Missouri and the Snowden case—which tell a common story about contemporary foreign policy and its impact on our civil liberties.
Author | : U.s. Attorney's Office |
Publisher | : CreateSpace |
Total Pages | : 28 |
Release | : 2014-05-27 |
Genre | : Education |
ISBN | : 9781499678437 |
For more than 200 years, the Constitution of the United States has been a “working” document, maintaining the original principles upon which our nation was founded while, at the same time, changing with the country, as reflected in its amendments. While the U.S. Constitution itself outlines the basic structure of the federal government, its twenty-seven amendments address many subjects but primarily focus on the rights of individual American citizens. This booklet outlines those rights, offering historical context and other information that is both interesting and informative.The continued vitality of our democracy is dependent upon an informed citizenry. Understanding the history of the Constitution and its amendments will assist all of us in more fully appreciating these rights and responsibilities as they have evolved over time. Moreover, such understanding will ensure that these rights will continue to be exercised, valued, and cherished by future generations.
Author | : |
Publisher | : |
Total Pages | : 32 |
Release | : 1978 |
Genre | : Civil rights |
ISBN | : |
Author | : Glen Krutz |
Publisher | : |
Total Pages | : 0 |
Release | : 2023-05-12 |
Genre | : |
ISBN | : 9781738998470 |
Black & white print. American Government 3e aligns with the topics and objectives of many government courses. Faculty involved in the project have endeavored to make government workings, issues, debates, and impacts meaningful and memorable to students while maintaining the conceptual coverage and rigor inherent in the subject. With this objective in mind, the content of this textbook has been developed and arranged to provide a logical progression from the fundamental principles of institutional design at the founding, to avenues of political participation, to thorough coverage of the political structures that constitute American government. The book builds upon what students have already learned and emphasizes connections between topics as well as between theory and applications. The goal of each section is to enable students not just to recognize concepts, but to work with them in ways that will be useful in later courses, future careers, and as engaged citizens. In order to help students understand the ways that government, society, and individuals interconnect, the revision includes more examples and details regarding the lived experiences of diverse groups and communities within the United States. The authors and reviewers sought to strike a balance between confronting the negative and harmful elements of American government, history, and current events, while demonstrating progress in overcoming them. In doing so, the approach seeks to provide instructors with ample opportunities to open discussions, extend and update concepts, and drive deeper engagement.