Federalism Secession And The American State
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Federalism Secession And The American State
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Author : Lawrence M. Anderson
language : en
Publisher: Routledge
Release Date : 2013-05-20
Federalism Secession And The American State written by Lawrence M. Anderson and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-05-20 with Political Science categories.
One important tradition in political science conceives of the Civil War in the United States serving as the functional equivalent of the English and French Revolutions, bringing with it the victory of liberal democratic industrialism over aristocratic agriculturalism. From this perspective, the Civil War is notable for its impact on the American state. Surprisingly however, little attention has been paid to the distinguishing features of this historic rupture in American politics. Through primary source research and the re-analysis of the rich historical literature about the antebellum era and the causes of the Civil War, Lawrence A. Anderson explores the relationship between federalism and the movement for secession in the United States during the pre-civil war era. Focusing primarily on South Carolina, Anderson carefully revisits theory on institutional analysis of political development to expose what caused secession in the United States.
Claims For Secession And Federalism
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Author : Alberto López-Basaguren
language : en
Publisher: Springer
Release Date : 2019-01-05
Claims For Secession And Federalism written by Alberto López-Basaguren and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-01-05 with Law categories.
This volume, incorporating the work of scholars from various parts of the globe, taps the wisdom of the Westphalian (and post-Westphalian) world on the use of federalism and secession as tools for managing regional conflicts. The debate has rarely been more important than it is right now, especially in light of recent events in Catalonia, Scotland, Québec and the Sudan - all unique political contexts raising similar questions about how best to balance competing claims for autonomy, interdependence, political voice, and exit. Exploring how various nations have encountered comparable conflicts, some more and some less successfully, the book broadens the perspectives of scholars, government officials, and citizens struggling to resolve sovereignty conflicts with a full appreciation of the underlying principles they represent.
Nullification And Secession In Modern Constitutional Thought
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Author : Sanford Levinson
language : en
Publisher: University Press of Kansas
Release Date : 2016-09-09
Nullification And Secession In Modern Constitutional Thought written by Sanford Levinson and has been published by University Press of Kansas this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-09-09 with Political Science categories.
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.
States Rights And American Federalism
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Author : Frederick D. Drake
language : en
Publisher: Bloomsbury Publishing USA
Release Date : 1999-11-30
States Rights And American Federalism written by Frederick D. Drake and has been published by Bloomsbury Publishing USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-11-30 with History categories.
The debate over states' rights versus federalism in America is one that has raged since our country's founding. Arguments over the interpretation of the Constitution and the meaning of power and its distribution among the states' governments echoes in governmental chambers even today. Students can trace the history and development of issues surrounding this debate, as well as the reactions to them, through this unique and comprehensive collection of over 65 primary documents. Court cases, opinion pieces, speeches and many other documents bring to life the controversies surrounding the debate. Explanatory introductions to documents aid users in understanding the various arguments put forth in deliberations over different governmental matters, while illuminating the significance of each document. Drake and Nelson trace the origins and changes in the nature of states' rights and American federalism using carefully chosen documents to reflect the fact that the tension and interaction between the states' governments and the national government define the ideals and provide the means for realistic achievement of these ideals. Documents can be easily accessed through five different sections, each section exploring a specific period in history and contributing to the understanding of the debate. The introductory and explanatory text help readers understand the nature of the conflicts, the issues being contested, the social and cultural pressures that shaped each debate, and the manner in which the passions of individual government officials, justices, and our presidents affected the development of policies concerning states' rights and federalism.
The Divided States Of America
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Author : Donald F. Kettl
language : en
Publisher: Princeton University Press
Release Date : 2020-03-10
The Divided States Of America written by Donald F. Kettl and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-03-10 with Political Science categories.
Why federalism is pulling America apart—and how the system can be reformed Federalism was James Madison's great invention. An innovative system of power sharing that balanced national and state interests, federalism was the pragmatic compromise that brought the colonies together to form the United States. Yet, even beyond the question of slavery, inequality was built into the system because federalism by its very nature meant that many aspects of an American's life depended on where they lived. Over time, these inequalities have created vast divisions between the states and made federalism fundamentally unstable. In The Divided States of America, Donald Kettl chronicles the history of a political system that once united the nation—and now threatens to break it apart. Exploring the full sweep of federalism from the founding to today, Kettl focuses on pivotal moments when power has shifted between state and national governments—from the violent rebalancing of the Civil War, when the nation almost split in two, to the era of civil rights a century later, when there was apparent agreement that inequality was a threat to liberty and the federal government should set policies for states to enact. Despite this consensus, inequality between states has only deepened since that moment. From health care and infrastructure to education and the environment, the quality of public services is ever more uneven. Having revealed the shortcomings of Madison's marvel, Kettl points to possible solutions in the writings of another founder: Alexander Hamilton. Making an urgent case for reforming federalism, The Divided States of America shows why we must—and how we can—address the crisis of American inequality.
Monitoring American Federalism
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Author : Christian G. Fritz
language : en
Publisher: Cambridge University Press
Release Date : 2023-01-31
Monitoring American Federalism written by Christian G. Fritz and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-01-31 with History categories.
A compelling examination of interposition as a constitutional tool that states use to monitor the federal government and organize resistance.
States Rights And The Union
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Author : Forrest McDonald
language : en
Publisher:
Release Date : 2000
States Rights And The Union written by Forrest McDonald and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with History categories.
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
Federalism And Secession
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Author : Jorge Cagiao y Conde
language : en
Publisher: P.I.E-Peter Lang S.A., Editions Scientifiques Internationales
Release Date : 2021-02-26
Federalism And Secession written by Jorge Cagiao y Conde and has been published by P.I.E-Peter Lang S.A., Editions Scientifiques Internationales this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-26 with categories.
The controversial issue of secession has received little attention from experts of federalism. The best federal studies either evade it or dismiss it in a few lines. However, the issue of secession has been present throughout the history of federations. This book is one of the first to explore the complex relationship between federalism and secession. The authors whose work is presented here recognize the potential of federalism as a way to organize relations between several different states, peoples, nations or territories under the same government. However, they are not naïve or idealist about the ability of the federal idea to succeed in the complex situations in which it is applied. In some cases success seems assured (the United States, Switzerland, Germany, etc.), and the merits of federalism can be showcased. But there are also failures (the former Yugoslavia, or more recently Brexit) and semi-failures that have generated turbulence in recent years in devolutive systems (Scotland in the United Kingdom, Catalonia in Spain) or federative systems (Québec in Canada). This book provides a nuanced portrait of the issue of secession in federal contexts and lays the groundwork for questioning the still too fragile legacy of the great thinkers of federalism.
Secession State And Liberty
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Author : David Gordon
language : en
Publisher: Transaction Publishers
Release Date :
Secession State And Liberty written by David Gordon and has been published by Transaction Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on with Business & Economics categories.
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. Is secessionism extremist, a dangerous rebellion that threatens the democratic process? Gordon and his contributors think otherwise. They believe that the secessionist impulse is a vital part of the classical liberal tradition, one that emerges when national governments become too big and too ambitious. Unlike revolution, secession seeks only separation from rule, preferably through non-violent means. It is based on the moral idea, articulated by Ludwig von Mises in 1919, that "no people and no part of a people shall be held against its will in a political association that it does not want. The authors cite the famed 1861 attempt to create a confederacy of Southern states as legal, right, and a justifiable response to Northern political imperialism. They note that this was not the first American secession attempt -- the New England states tried to form their own confederacy during the War of 1812. This evidence, they argue, begs a reinterpretation of the U.S. Constitution along secessionist lines. Further they believe that the threat of secession should be revived as a bulwark against government encroachmenton individual liberty and private property rights, a guarantor of international free trade, and a protection against attempts to curb the freedom of association. These straightforward, pellucid arguments include essays by Donald Livingston, Murray N. Rothbard, Clyde Wilson, Thomas DiLorenzo, and Bruce Benson, among others. If overgrown nations continue to decompose, as they have for the last decade, these authors believe it is essential that secession be taken seriously, and fully understood. Secession, State, and Liberty makes a vital contribution toward that end. This stimulating, thought-provoking collection is necessary reading for intellectual historians and political scientists.
Theories Of Secession
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Author : Percy B. Lehning
language : en
Publisher: Routledge
Release Date : 2005-06-23
Theories Of Secession written by Percy B. Lehning and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-06-23 with Political Science categories.
Theories of Secession presents a systematic analysis of the recent rise of secessionist movements in global politics. Bringing together some of the most respected scholars in their field, this study locates the right to secede in the context of contemporary political theory. The chapters deal with problems of nationalism and federalism, special rights to secede, conditions of ethnic and cultural pluralism and asks if constitutions should include a right to secede.