Nullification And Secession In Modern Constitutional Thought
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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.
Nullification Secession Webster S Argument And The Kentucky And Virginia Resolutions
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Author : Caleb William Loring
language : en
Publisher: Good Press
Release Date : 2019-12-11
Nullification Secession Webster S Argument And The Kentucky And Virginia Resolutions written by Caleb William Loring and has been published by Good Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-12-11 with Fiction categories.
"Nullification, Secession, Webster's Argument, and the Kentucky and Virginia Resolutions" by Caleb William Loring. Published by Good Press. Good Press publishes a wide range of titles that encompasses every genre. From well-known classics & literary fiction and non-fiction to forgotten−or yet undiscovered gems−of world literature, we issue the books that need to be read. Each Good Press edition has been meticulously edited and formatted to boost readability for all e-readers and devices. Our goal is to produce eBooks that are user-friendly and accessible to everyone in a high-quality digital format.
Nullification And Secession In The United States
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Author : Edward Payson Powell
language : en
Publisher: The Lawbook Exchange, Ltd.
Release Date : 2002
Nullification And Secession In The United States written by Edward Payson Powell and has been published by The Lawbook Exchange, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Constitutional history categories.
A study of sucession and nullification movements in the United States from the nullification resolutions of 1798 to the American Civil War. Powell proposes that the secession of the southern states in 1861 was not a unique event in American history, but the culmination of a tradition as old as the nation. Indeed, he argues, it was an expression of the "intense individualism which was the most potent factor in the creation of the republic" (Preface). Sensitive to the continued animosity between the North and South, Powell hoped that the historical context provided by his study would help to promote a spirit of reconciliation. The six attempts at nullification and secession that he examines are: - the Nullification Resolutions of 1798 - the plot for a northern confederacy (1803-1804) - the Burr plot (1805-1806) - New England nullification and the Hartford Convention (1812-1814) - South Carolina's attempts at nullification (1832) - the secession of 11 states and creation of the confederacy (1861).
Union States Rights
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Author : Neil Howard Cogan
language : en
Publisher:
Release Date : 2014
Union States Rights written by Neil Howard Cogan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Federal government categories.
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.
The Constitutional Origins Of The American Civil War
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Author : Michael F. Conlin
language : en
Publisher: Cambridge University Press
Release Date : 2019-07-18
The Constitutional Origins Of The American Civil War written by Michael F. Conlin 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 2019-07-18 with History categories.
Demonstrates the crucial role that the Constitution played in the coming of the Civil War.
Secession From A Member State And Withdrawal From The European Union
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Author : Carlos Closa
language : en
Publisher: Cambridge University Press
Release Date : 2017-09-07
Secession From A Member State And Withdrawal From The European Union written by Carlos Closa 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 2017-09-07 with Law categories.
The first book to jointly analyse withdrawal of a member state from the EU (i.e. Brexit) and territorial secession.
Constitutional Democracy In Crisis
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Author : Mark A. Graber
language : en
Publisher: Oxford University Press
Release Date : 2018-08-23
Constitutional Democracy In Crisis written by Mark A. Graber and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-08-23 with Law categories.
Is the world facing a serious threat to the protection of constitutional democracy? There is a genuine debate about the meaning of the various political events that have, for many scholars and observers, generated a feeling of deep foreboding about our collective futures all over the world. Do these events represent simply the normal ebb and flow of political possibilities, or do they instead portend a more permanent move away from constitutional democracy that had been thought triumphant after the demise of the Soviet Union in 1989? Constitutional Democracy in Crisis? addresses these questions head-on: Are the forces weakening constitutional democracy around the world general or nation-specific? Why have some major democracies seemingly not experienced these problems? How can we as scholars and citizens think clearly about the ideas of "constitutional crisis" or "constitutional degeneration"? What are the impacts of forces such as globalization, immigration, income inequality, populism, nationalism, religious sectarianism? Bringing together leading scholars to engage critically with the crises facing constitutional democracies in the 21st century, these essays diagnose the causes of the present afflictions in regimes, regions, and across the globe, believing at this stage that diagnosis is of central importance - as Abraham Lincoln said in his "House Divided" speech, "If we could first know where we are, and whither we are tending, we could then better judge what to do, and how to do it."
Processes Of Constitutional Decisionmaking
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Author : Sanford Levinson
language : en
Publisher: Aspen Publishing
Release Date : 2022-01-31
Processes Of Constitutional Decisionmaking written by Sanford Levinson and has been published by Aspen Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-31 with Law categories.
Processes of Constitutional Decisionmaking: Cases and Materials, Eighth Edition
Processes Of Constitutional Decisionmaking
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Author : Paul Brest
language : en
Publisher: Aspen Publishing
Release Date : 2018-02-22
Processes Of Constitutional Decisionmaking written by Paul Brest and has been published by Aspen Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-22 with Law categories.
The purchase of this ebook edition does not entitle you to receive access to the Connected eBook with Study Center on CasebookConnect. You will need to purchase a new print book to get access to the full experience, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. In Processes of Constitutional Decisionmaking, an extraordinary team of authors traces the historical, political, and social development of constitutional law. Students will consider constitutional questions in a broad historical context, with cutting-edge insights from contemporary scholars. This book has been updated to include all new developments in the field, and delivers strong chapters on the constitutional treatment of sex equality, race, civil rights, separation of powers, and federalism. Key Features: Coverage of recent cases and materials including: Obergefell v. Hodges - Same-Sex Marriage Whole Woman’s Health v. Hellerstedt – Abortion Regulation Zivotofsky v. Kerry – Presidential Power Fisher v. University of Texas – Affirmative Action New Discussion of Cooperative Federalism Sessions v. Morales–Santana – Sex Equality
Constitutional Law And Politics Of Secession
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Author : Antoni Abat i Ninet
language : en
Publisher: Taylor & Francis
Release Date : 2023-07-31
Constitutional Law And Politics Of Secession written by Antoni Abat i Ninet and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-31 with Law categories.
This collection presents an analysis of the concept of secession and its constitutional accommodation alongside an assessment of the effects of secession in constitutional and international law. The work proposes a new approach and insights into the existing literature that fill a gap from multidisciplinary and transdisciplinary perspectives. The book approaches the topics of secession, constitutionalism, and their relationship from both theoretical and empirical perspectives, including the analysis of particular secessionist examples, such as Catalonia, the Basque Country, Tigray, the Palestinian minority in Israel, Bosnia and Herzegovina, and the Mapuche Nation, from a comparative constitutional perspective. Elucidating these issues from different methodological and conceptual perspectives produces novelties in the scientific and constitutional debate. The interplay between constitutions, constitutional law, and secession is indeed explored from philosophical, socio-legal, but also from strict constitutional law outlooks. Written by constitutional and public international law experts, the book will be of interest to students, academics, and researchers working in the areas of constitutional law, legal theory, theory of the state, philosophy of law, and political science.