Download or read book A Less Perfect Union written by Adam Freedman and published by Broadside Books. This book was released on 2017-05-02 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of America’s leading conservative commentators on constitutional law provides an illuminating history of states’ rights, and the vital importance of reviving them today. Liberals believe that the argument for “states’ rights” is a smokescreen for racist repression. But historically, the doctrine of states’ rights has been an honorable tradition—a necessary component of constitutional government and a protector of American freedoms. Our Constitution is largely devoted to restraining the federal government and protecting state sovereignty. Yet for decades, Adam Freedman contends, the federal government has usurped rights that belong to the states in a veritable coup. In A Less Perfect Union, Freedman provides a detailed and lively history of the development and creation of states’ rights, from the constitutional convention through the Civil War and the New Deal to today. Surveying the latest developments in Congress and the state capitals, he finds a growing sympathy for states’ rights on both sides of the aisle. Freedman makes the case for a return to states’ rights as the only way to protect America, to serve as a check against the tyranny of federal overreach, take power out of the hands of the special interests and crony capitalists in Washington, and realize the Founders’ vision of libertarian freedom—a nation in which states are free to address the health, safety, and economic well-being of their citizens without federal coercion and crippling bureaucratic red tape.
Download or read book The True Doctrine of State Rights With an Examination of the Record of the Democratic and Republica written by James B Waller and published by Legare Street Press. This book was released on 2023-07-18 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A provocative and thought-provoking treatise on the nature of state power and its relationship to the federal government in the United States. Written in the aftermath of the Civil War, this book offers a passionate defense of the principle of state sovereignty, arguing that the states have a right to resist federal encroachment on their powers. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Download or read book The True Doctrine of State Rights written by James Breckinridge Waller and published by . This book was released on 1880 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Federal Preemption of State and Local Law written by James T. O'Reilly and published by American Bar Association. This book was released on 2006 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Fundamental Rights written by Milton Konvitz and published by Routledge. This book was released on 2017-07-12 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most important modern developments in American constitutional law has been the extension of the Bill of Rights to the states. The most important guarantees of the first eight amendments have been incorporated into the Due Process Clause of the Fourteenth Amendment, along with the doctrine that these are rights that are so "fundamental" that any restriction is subject to judicial "strict scrutiny." The process has nationalized fundamental rights, giving them a preferred dignity and majesty. In this volume, the renowned constitutional scholar, Milton Konvitz, traces the development of fundamental rights from the early days of American jurisprudence through twentieth-century cases involving the right to privacy, racial discrimination, voting rights, censorship, and abortion laws. In Konvitz's astute view, the Bill of Rights in the Constitution of the United States, like the Ten Commandments, places no priority among protected or guaranteed rights. He argues that values, ideals, rights, liberties, and privileges need to be placed in a hierarchical order or scale. The Supreme Court, acting on a case-by-case basis, has slowly and cautiously moved to designate some rights as superior to others. This idea that some rights are of a "fundamental" nature, while others are not, can be traced back to the early days of the nation's government. Konvitz shows that there may be said to be not one, but two or even three bills of rights, one for the Federal government and one for the States. Still another, may be an unwritten but evolving Bill of Rights. The Court has recognized rights or liberties that are in no written constitution, as for example, a right to marry, a right to have a family, a right to choose education of one's children in a private, even a religious, school, rather than a public school. In an illuminating fashion, Konvitz, whose writings have been cited in Supreme Court decisions, traces the controversial and very uneven line of development of
Download or read book The Fallacies of States Rights written by Sotirios A. Barber and published by Harvard University Press. This book was released on 2013-01-14 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Selected Articles on States Rights written by Lamar Taney Beman and published by . This book was released on 1926 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book States Rights and the Union written by Forrest McDonald and published by . This book was released on 2000 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Download or read book From Founding Fathers to Fire Eaters written by James Rutledge Roesch and published by Shotwell Publishing LLC. This book was released on 2018-08 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The United States" was a confederate union, created by the acts of the peoples of sovereign States. In the Constitution they delegated specific, limited powers to a federal government that was to handle certain matters common to them all. It was nobody's intention to create a government of unlimited and eternal power. No honest student can doubt that the Southern "state rights" interpretation of the Constitution was the correct one, however much condemned by the lies and bluster of centralists. The case has been re-made by truth-seekers in every generation. James Rutledge Roesch has made the case afresh for our own times, bringing to light much new and original evidence and reasoning. ___________________ James Roesch here sets himself the worthy task of describing the southern states'-rights tradition, which is the basis of the Declaration of Independence and much else, in its foremost advocates' own words. Lay and expert readers alike will find much in this tome to admire. -Kevin R. C. Gutzman, author of James Madison and the Making of America, Virginia's American Revolution, and Thomas Jefferson-Revolutionary Mr. Roesch's frustration with the status quo in politics is palpable in this book, and rightfully so. For the careful reader Roesch makes clear that the current political order's illness will not be cured by election cycles. To cure the disease (centralization) it is first necessary to diagnose the extent of the disease and provide the appropriate hard medicine (robust States' Rights). The body politic will survive, either as a centralized secularized system devouring its opposition and enslaving the rest, or as a revitalized decentralized system of self-governing States. Consider this book as a vaccination for patriots in the 1776 and 1861 vein, making them immune to the disease of centralization. Even the best intentioned patriots, once infected, become either the Behemoth's fodder or its unwitting serfs. -Dr. Marshal DeRosa Rarely does a book come along that fairly and accurately presents the antebellum constitutional thought of the notable writers and thinkers of the American South. . . . Here, for the first time in many, many years, we are presented with the writings of such luminaries as Patrick Henry, Thomas Jefferson, James Madison, St. George Tucker, John Taylor of Caroline, John Randolph of Roanoke, and others about the role the States actually played in the formation of the Union and the profound difference that makes in understanding the constitution. Roesch makes it absolutely clear that "the great treatises of the Old South prove that the constitutional doctrine of State's rights was never a pretense for slavery, but reflected a deep passion for self-government that was rooted in southern culture, as well as an earnest understanding of the constitution." This book is long overdue and will serve as a valuable resource for honest, thinking Americans to assess, for themselves, the meaning of the nation's organic law and, consequently, the nature of our federal Union. I heartily recommend it. -Kent Masterson Brown, author, Retreat From Gettysburg: Lee, Logistics and the Pennsylvania Campaign
Download or read book Notes on the Science of Government and the Relations of the States to the United States written by Raleigh C. Minor and published by The Lawbook Exchange, Ltd.. This book was released on 1995 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: Minor, Raleigh C. Notes on the Science of Government and the Relations of the States to the United States. [Charlottesville]: University of Virginia, 1913. x, 171 pp. Reprinted 1995 by The Lawbook Exchange, Ltd. LCCN 99-047233. ISBN 1-886363-09-9. Cloth. $40. * Minor [1869-1923] was an author, publicist, and teacher of law at the University of Virginia. Minor was a pioneer in private international law or the conflict of laws. Here Minor presents a thorough overview of both government in general and the relationship of states to the federal government. Anyone interested in the question of states' rights debate that remains ongoing will find much of value in Minor's analysis of the legal status of the states and federal government under the Constitution. After developing the basic features of government, Minor elaborates upon the States Rights and Nationalistic schools of thought, drawing upon numerous Supreme Court cases and the writings of Story, de Tocqueville, Webster, Calhoun, Madison, and others.
Download or read book Centralization Or States Rights written by Charles Godfrey Leland and published by . This book was released on 1863 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Virginia and State Rights 1750 1861 written by Charles Pinnegar and published by McFarland. This book was released on 2009-08-11 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: While most historical studies merely scratch the surface of antebellum state rights and treat the doctrine as just one of many differences between the North and South, this book focuses exclusively on state rights from colonial to Civil War times. It looks particularly at Virginia, examining how the concept of state rights became the backbone of the Old Dominion's understanding of the Union for at least seven decades. Part One looks at Virginia's ideological attitudes toward state rights, revealing how and why state rights Antifederalists recoiled from the expansive tendencies of central government power during the Constitutional debate and the Virginia ratification convention. Part Two examines the methodologies employed to maintain the currency of state rights in the face of nationalist threats to a southern interpretation of liberty by examining documents and essays by luminaries such as James Madison, Thomas Jefferson, Spencer Roane, Abel Upshur, and Littleton Tazewell.
Download or read book The Doctrine of States Rights written by James O'Toole and published by . This book was released on 1888 with total page 130 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book American Government 3e written by Glen Krutz and published by . This book was released on 2023-05-12 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Commerce Power Versus States Rights written by Edward Samuel Corwin and published by . This book was released on 1936 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Doctrine of Judicial Review written by Edward S. Corwin and published by Routledge. This book was released on 2017-07-05 with total page 173 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, first published in 1914, contains five historical essays. Three of them are on the concept of judicial review, which is defined as the power of a court to review and invalidate unlawful acts by the legislative and executive branches of government. One chapter addresses the historical controversy over states' rights. Another concerns the Pelatiah Webster Myth the notion that the US Constitution was the work of a single person.In "Marbury v. Madison and the Doctrine of Judicial Review," Edward S. Corwin analyzes the legal source of the power of the Supreme Court to review acts of Congress. "We, the People" examines the rights of states in relation to secession and nullification. "The Pelatiah Webster Myth" demolishes Hannis Taylor's thesis that Webster was the "secret" author of the constitution. "The Dred Scott Decision" considers Chief Justice Taney's argument concerning Scott's title to citizenship under the Constitution. "Some Possibilities in the Way of Treaty-Making" discusses how the US Constitution relates to international treaties.Matthew J. Franck's new introduction to this centennial edition situates Corwin's career in the history of judicial review both as a concept and as a political reality.
Download or read book Citizenship as Foundation of Rights written by Richard Sobel and published by Cambridge University Press. This book was released on 2016-10-26 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: Citizenship as Foundation of Rights explains what it means to have citizen rights and how national identification requirements undermine them.
