The Fallacies Of States Rights
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The Fallacies Of States Rights
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Author : Sotirios A. Barber
language : en
Publisher: Harvard University Press
Release Date : 2013-01-14
The Fallacies Of States Rights written by Sotirios A. Barber and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-14 with Political Science categories.
The idea that “states’ rights” restrain national power is riding high in American judicial and popular opinion. Here, Sotirios A. Barber shows how arguments for states’ rights, from the days of John C. Calhoun to the present, have offended common sense, logic, and bedrock constitutional principles. To begin with, states’ rights federalism cannot possibly win the debate with national federalism owing to the very forum in which the requisite argument must occur—a national one, thanks to the Civil War—and the ordinary rules of practical argumentation. Further, the political consequences of this self-defeating logic can only hasten the loss of American sovereignty to international economic forces. Both philosophical and practical reasons compel us to consider two historical alternatives to states’ rights federalism. In the federalism of John Marshall, the nation’s most renowned jurist, the national government’s duty to ensure security, prosperity, and other legitimate national ends must take precedence over all conflicting exercises of state power. In “process” federalism, the Constitution protects the states by securing their roles in national policy making and other national decisions. Barber opts for Marshall’s federalism, but the contest is close, and his analysis takes the debate into new, fertile territory. Affirming the fundamental importance of the Preamble, Barber advocates a conception of the Constitution as a charter of positive benefits for the nation. It is not, in his view, a contract among weak separate sovereigns whose primary function is to protect people from the central government, when there are greater dangers to confront.
The Fallacies Of States Rights
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Author : Sotirios A. Barber
language : en
Publisher: Harvard University Press
Release Date : 2013-01-01
The Fallacies Of States Rights written by Sotirios A. Barber and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-01 with Political Science categories.
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.
Symposia
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Author :
language : en
Publisher:
Release Date : 2014
Symposia written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Jurisprudence categories.
Progressive States Rights
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Author : Sean Beienburg
language : en
Publisher: University Press of Kansas
Release Date : 2024-03-29
Progressive States Rights written by Sean Beienburg 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 2024-03-29 with Political Science categories.
Today, when politicians, pundits, and scholars speak of states’ rights, they are usually referring to Southern efforts to curtail the advance of civil rights policies or to conservative opposition to the federal government under the New Deal, Great Society, and Warren Court. Sean Beienburg shows that this was not always the case, and that there was once a time when federalism—the form of government that divides powers between the state and federal governments—was associated with progressive, rather than conservative, politics. In Progressive States’ Rights, Sean Beienburg tells an alternative story of federalism by exploring states’ efforts in the years before the New Deal of shaping constitutional discourse to ensure that a protective welfare and regulatory governmental regime would be built in the states rather than the national government. These state-level actors not only aggressively participated in constitutional politics and interpretation but also specifically sought to create an alternative model of state-building that would pair a robust state power on behalf of the public good with a traditionally limited national government. Current politics generally collapse policy and constitutional views (where a progressive view on one policy also assumes a progressive view on the other), but Beienburg shows that this was not always true, and indeed many of those most devoted to progressive policy views were deeply committed to a conservative constitutionalism.
The Upside Down Constitution
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Author : Michael S. Greve
language : en
Publisher: Harvard University Press
Release Date : 2012-02-29
The Upside Down Constitution written by Michael S. Greve and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-02-29 with Political Science categories.
Over the course of the nation’s history, the Constitution has been turned upside-down, Michael Greve argues in this provocative book. The Constitution’s vision of a federalism in which local, state, and federal government compete to satisfy the preferences of individuals has given way to a cooperative, cartelized federalism that enables interest groups to leverage power at every level for their own benefit. Greve traces this inversion from the Constitution’s founding through today, dispelling much received wisdom along the way. The Upside-Down Constitution shows how federalism’s transformation was a response to states’ demands, not an imposition on them. From the nineteenth-century judicial elaboration of a competitive federal order, to the New Deal transformation, to the contemporary Supreme Court’s impoverished understanding of constitutional structure, and the “devolution” in vogue today, Greve describes a trend that will lead to more government and fiscal profligacy, not less. Taking aim at both the progressive heirs of the New Deal and the vocal originalists of our own time, The Upside-Down Constitution explains why the current fiscal crisis will soon compel a fundamental renegotiation of a new federalism grounded in constitutional principles.
Controlling The State
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Author : Scott GORDON
language : en
Publisher: Harvard University Press
Release Date : 2009-06-30
Controlling The State written by Scott GORDON and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-06-30 with Political Science categories.
This book examines the development of the theory and practice of constitutionalism, defined as a political system in which the coercive power of the state is controlled through a pluralistic distribution of political power. It explores the main venues of constitutional practice in ancient Athens, Republican Rome, Renaissance Venice, the Dutch Republic, seventeenth-century England, and eighteenth-century America. From its beginning in Polybius' interpretation of the classical concept of mixed government, the author traces the theory of constitutionalism through its late medieval appearance in the Conciliar Movement of church reform and in the Huguenot defense of minority rights. After noting its suppression with the emergence of the nation-state and the Bodinian doctrine of sovereignty, the author describes how constitutionalism was revived in the English conflict between king and Parliament in the early Stuart era, and how it has developed since then into the modern concept of constitutional democracy.
Revolutionary Constitutions
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Author : Bruce Ackerman
language : en
Publisher: Harvard University Press
Release Date : 2019-05-13
Revolutionary Constitutions written by Bruce Ackerman and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-13 with Political Science categories.
Offering insights into the origins, successes, and threats to revolutionary constitutionalism, Bruce Ackerman takes us to India, South Africa, Italy, France, Poland, Burma, Israel, Iran, and the U.S. and provides a blow-by-blow account of the tribulations that confronted popular movements in their insurgent campaigns for constitutional democracy.
The Great Property Fallacy
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Author : Frank K. Upham
language : en
Publisher: Cambridge University Press
Release Date : 2018-02
The Great Property Fallacy written by Frank K. Upham 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 2018-02 with Business & Economics categories.
Explains the role of property law in growth and development over five centuries and across several different countries and cultures.
Fallacies And Free Speech
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Author : Juhani Rudanko
language : en
Publisher: Springer Nature
Release Date : 2021-04-01
Fallacies And Free Speech written by Juhani Rudanko and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-01 with Language Arts & Disciplines categories.
This book offers a new perspective on selected discourses and texts bearing on the evolution of a distinctively American tradition of free speech. The author’s approach privileges fallacy theory, especially the fallacy of ad socordiam, in a key Congressional debate in 1789 and other forms of verbal manipulation in newspaper editorials during the War of 1812. He argues that in order to understand James Madison’s role in the evolution of a broad conception of freedom of speech, it is imperative to examine the nature of the verbal attacks targeted at him. These attacks are documented, analyzed with the concept of aggravated impoliteness, and used to demonstrate that it was Madison’s toleration of criticism, even in wartime, that provided a foundation for a broad conception of freedom of speech. This book will be of interest to both scholars and lay readers with an interest in the application of discourse analysis and historical pragmatics to political debates, argumentation theory and fallacy theory, and the evolution of the concept of freedom of speech in the early years of the United States.
Human Rights In The War On Terror
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Author : Richard Wilson
language : en
Publisher: Cambridge University Press
Release Date : 2005-10-03
Human Rights In The War On Terror written by Richard Wilson 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 2005-10-03 with Law categories.
This book reviews the war on terror since 9/11 from a human rights perspective.