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Nullification And Secession In Modern Constitutional Thought
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Book Synopsis Nullification and Secession in Modern Constitutional Thought by : Sanford Levinson
Download or read book Nullification and Secession in Modern Constitutional Thought written by Sanford Levinson and published by University Press of Kansas. This book was released on 2016-09-09 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Nullification, Secession, Webster's Argument, and the Kentucky and Virginia Resolutions by : Caleb William Loring
Download or read book Nullification, Secession, Webster's Argument, and the Kentucky and Virginia Resolutions written by Caleb William Loring and published by . This book was released on 1893 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Nullification and Secession in the United States by : Edward Payson Powell
Download or read book Nullification and Secession in the United States written by Edward Payson Powell and published by The Lawbook Exchange, Ltd.. This book was released on 2002 with total page 476 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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).
Book Synopsis Union & States' Rights by : Neil Howard Cogan
Download or read book Union & States' Rights written by Neil Howard Cogan and published by . This book was released on 2014 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Nullification, Secession, Webster's Argument and the Kentucky and Virginia Resolutions by : Caleb William Loring
Download or read book Nullification, Secession, Webster's Argument and the Kentucky and Virginia Resolutions written by Caleb William Loring and published by Hardpress Publishing. This book was released on 2012-08-01 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unlike some other reproductions of classic texts (1) We have not used OCR(Optical Character Recognition), as this leads to bad quality books with introduced typos. (2) In books where there are images such as portraits, maps, sketches etc We have endeavoured to keep the quality of these images, so they represent accurately the original artefact. Although occasionally there may be certain imperfections with these old texts, we feel they deserve to be made available for future generations to enjoy.
Book Synopsis Nullification, Secession, Webster's Argument by : Caleb William Loring
Download or read book Nullification, Secession, Webster's Argument written by Caleb William Loring and published by . This book was released on 1977 with total page 171 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Nullification, Secession, Webster's Argument, and the Kentucky and Virginia Resolutions by : C. W. Loring
Download or read book Nullification, Secession, Webster's Argument, and the Kentucky and Virginia Resolutions written by C. W. Loring and published by . This book was released on 1981 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Nullification, Secession, Webster's Argument by : Caleb William Loring
Download or read book Nullification, Secession, Webster's Argument written by Caleb William Loring and published by . This book was released on 2015-07-11 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from Nullification, Secession, Webster's Argument: And the Kentucky and Virginia Resolutions, Considered in Reference to the Constitution and Historically I was much shocked a few years ago, in reading a Life of Webster, by the statement of its able and distinguished author that really Hayne had the right of the argument in the renowned debate on nullification. In reply I prepared a statement of Webster's argument. Besides what Webster, had so ably said, I found in the Constitution itself other proofs of the nationality of our government, of the intent of those who made it to establish a nation, of their full belief that they had done so, and that, historically, there was no contention as to this. The vital question is whether a national union was established by the States, or a confederacy of independent nations formed with the right of each to decide upon the validity of the acts of the General Government and leave it at its pleasure. The superiority in men and wealth that gave the North the victory did not decide the right or wrong of secession: it may have shown its impracticability; but if the right ever existed it remains to-day. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Book Synopsis The Constitutional Origins of the American Civil War by : Michael F. Conlin
Download or read book The Constitutional Origins of the American Civil War written by Michael F. Conlin and published by Cambridge University Press. This book was released on 2019-07-18 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: Demonstrates the crucial role that the Constitution played in the coming of the Civil War.
Book Synopsis Constitutional Democracy in Crisis? by : Mark A. Graber
Download or read book Constitutional Democracy in Crisis? written by Mark A. Graber and published by Oxford University Press. This book was released on 2018-08-23 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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."
Book Synopsis Processes of Constitutional Decisionmaking by : Sanford Levinson
Download or read book Processes of Constitutional Decisionmaking written by Sanford Levinson and published by Aspen Publishing. This book was released on 2022-01-31 with total page 2338 pages. Available in PDF, EPUB and Kindle. Book excerpt: Processes of Constitutional Decisionmaking: Cases and Materials, Eighth Edition
Book Synopsis Processes of Constitutional Decisionmaking by : Paul Brest
Download or read book Processes of Constitutional Decisionmaking written by Paul Brest and published by Aspen Publishing. This book was released on 2018-02-22 with total page 2117 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Book Synopsis Constitutional Law and Politics of Secession by : Antoni Abat i Ninet
Download or read book Constitutional Law and Politics of Secession written by Antoni Abat i Ninet and published by Taylor & Francis. This book was released on 2023-07-31 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis We Are Not One People by : Michael J. Lee
Download or read book We Are Not One People written by Michael J. Lee and published by Oxford University Press. This book was released on 2022 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bands, bonds, and affections -- Secession all the way down : libertarians opt out -- "A slave republic" : secession and southern slavery -- White devils and Black separatists -- "Dykes first" : lesbian separatism in America -- Exodus as secession : achieving God's terrestrial kingdom.
Book Synopsis Nullification by : Thomas E. Woods, Jr.
Download or read book Nullification written by Thomas E. Woods, Jr. and published by Regnery Publishing. This book was released on 2010-06-28 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: Asserts that nullification is the constitutional remedy envisioned by the nation's founders to be used to resist Federal power. Presents documents showing the rationale used by States in historic debates.
Book Synopsis Lincoln's Constitution by : Daniel A. Farber
Download or read book Lincoln's Constitution written by Daniel A. Farber and published by University of Chicago Press. This book was released on 2011-04-08 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Lincoln's Constitution Daniel Farber leads the reader to understand exactly how Abraham Lincoln faced the inevitable constitutional issues brought on by the Civil War. Examining what arguments Lincoln made in defense of his actions and how his words and deeds fit into the context of the times, Farber illuminates Lincoln's actions by placing them squarely within their historical moment. The answers here are crucial not only for a better understanding of the Civil War but also for shedding light on issues-state sovereignty, presidential power, and limitations on civil liberties in the name of national security-that continue to test the limits of constitutional law even today.
Book Synopsis The Invisible Constitution in Comparative Perspective by : Rosalind Dixon
Download or read book The Invisible Constitution in Comparative Perspective written by Rosalind Dixon and published by Cambridge University Press. This book was released on 2018-11-08 with total page 595 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutions worldwide inevitably have 'invisible' features: they have silences and lacunae, unwritten or conventional underpinnings, and social and political dimensions not apparent to certain observers. This contributed volume will help its wide audience including scholars, students, and practitioners understand the dimensions to contemporary constitutions, and their role in the interpretation, legitimacy and stability of different constitutional systems.
