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The States Rights Debate
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Book Synopsis The Fallacies of States' Rights by : Sotirios A. Barber
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 2013-01-01 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Federalist Papers by : Alexander Hamilton
Download or read book The Federalist Papers written by Alexander Hamilton and published by Read Books Ltd. This book was released on 2018-08-20 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.
Book Synopsis Political Debates Between Abraham Lincoln and Stephen A. Douglas in the Celebrated Campaign of 1858 in Illinois by : Abraham Lincoln
Download or read book Political Debates Between Abraham Lincoln and Stephen A. Douglas in the Celebrated Campaign of 1858 in Illinois written by Abraham Lincoln and published by . This book was released on 1895 with total page 582 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Prohibition, the Constitution, and States' Rights by : Sean Beienburg
Download or read book Prohibition, the Constitution, and States' Rights written by Sean Beienburg and published by University of Chicago Press. This book was released on 2019-06-20 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: Colorado’s legalization of marijuana spurred intense debate about the extent to which the Constitution preempts state-enacted laws and statutes. Colorado’s legal cannabis program generated a strange scenario in which many politicians, including many who freely invoke the Tenth Amendment, seemed to be attacking the progressive state for asserting states’ rights. Unusual as this may seem, this has happened before—in the early part of the twentieth century, as America concluded a decades-long struggle over the suppression of alcohol during Prohibition. Sean Beienburg recovers a largely forgotten constitutional debate, revealing how Prohibition became a battlefield on which skirmishes of American political development, including the debate over federalism and states’ rights, were fought. Beienburg focuses on the massive extension of federal authority involved in Prohibition and the passage of the Eighteenth Amendment, describing the roles and reactions of not just Congress, the presidents, and the Supreme Court but political actors throughout the states, who jockeyed with one another to claim fidelity to the Tenth Amendment while reviling nationalism and nullification alike. The most comprehensive treatment of the constitutional debate over Prohibition to date, the book concludes with a discussion of the parallels and differences between Prohibition in the 1920s and debates about the legalization of marijuana today.
Book Synopsis The Animal Rights Debate by : Gary L. Francione
Download or read book The Animal Rights Debate written by Gary L. Francione and published by Columbia University Press. This book was released on 2010-10-26 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Gary L. Francione is a law professor and leading philosopher of animal rights theory. Robert Garner is a political theorist specializing in the philosophy and politics of animal protection. Francione maintains that we have no moral justification for using nonhumans and argues that because animals are property or economic commodities laws or industry practices requiring "humane" treatment will, as a general matter, fail to provide any meaningful level of protection. Garner favors a version of animal rights that focuses on eliminating animal suffering and adopts a protectionist approach, maintaining that although the traditional animal-welfare ethic is philosophically flawed, it can contribute strategically to the achievement of animal-rights ends. As they spar, Francione and Garner deconstruct the animal protection movement in the United States, the United Kingdom, Europe, and elsewhere, discussing the practices of such organizations as PETA, which joins with McDonald's and other animal users to "improve" the slaughter of animals. They also examine American and European laws and campaigns from both the rights and welfare perspectives, identifying weaknesses and strengths that give shape to future legislation and action.
Book Synopsis Power Versus Liberty by : James H. Read
Download or read book Power Versus Liberty written by James H. Read and published by University of Virginia Press. This book was released on 2000 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does every increase in the power of government entail a loss of liberty for the people? James H. Read examines how four key Founders--James Madison, Alexander Hamilton, James Wilson, and Thomas Jefferson--wrestled with this question during the first two decades of the American Republic. Power versus Liberty reconstructs a four-way conversation--sometimes respectful, sometimes shrill--that touched on the most important issues facing the new nation: the Constitution, the Bill of Rights, federal authority versus states' rights, freedom of the press, the controversial Bank of the United States, the relation between nationalism and democracy, and the elusive meaning of "the consent of the governed." Each of the men whose thought Read considers differed on these key questions. Jefferson believed that every increase in the power of government came at the expense of liberty: energetic governments, he insisted, are always oppressive. Madison believed that this view was too simple, that liberty can be threatened either by too much or too little governmental power. Hamilton and Wilson likewise rejected the Jeffersonian view of power and liberty but disagreed with Madison and with each other. The question of how to reconcile energetic government with the liberty of citizens is as timely today as it was in the first decades of the Republic. It pervades our political discourse and colors our readings of events from the confrontation at Waco to the Oklahoma City bombing to Congressional debate over how to spend the government surplus. While the rhetoric of both major political parties seems to posit a direct relationship between the size of our government and the scope of our political freedoms, the debates of Madison, Hamilton, Wilson, and Jefferson confound such simple dichotomies. As Read concludes, the relation between power and liberty is inherently complex.
Download or read book The State Debate written by Simon Clarke and published by Springer. This book was released on 2016-07-27 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 1990s promise to be a period of rapid political change, as old political boundaries dissolve and new political forces emerge. These changes throw into question our understanding of capitalism and socialism, of the character of the nation state, and of the relationship between the economy and the state. However, these changes are only the culmination of developments which have been unfolding over the past two decades. This book includes a comprehensive introductory survey, which sets the contributions collected here within the context of the wider debate.
Book Synopsis The Animal Rights Debate by : Carl Cohen
Download or read book The Animal Rights Debate written by Carl Cohen and published by Rowman & Littlefield. This book was released on 2001 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Do all animals have rights? Is it morally wrong to use mice or dogs in medical research, or rabbits and cows as food? How ought we resolve conflicts between the interests of humans and those of other animals? Philosophical inquiry is essential in addressing such questions; the answers given must have enormous practical importance. Here for the first time in the same volume, the animal rights debate is argued deeply and fully by the two most articulate and influential philosophers representing the opposing camps. Each makes his case in turn to the opposing case. The arguments meet head on: Are we humans morally justified in using animals as we do? A vexed and enduring controversy here receives its deepest and most eloquent exposition.
Book Synopsis The Debates in the Several State Conventions by : Jonathan Elliot
Download or read book The Debates in the Several State Conventions written by Jonathan Elliot and published by . This book was released on 1941 with total page 1780 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :Christopher Childers Publisher :Johns Hopkins University Press+ORM ISBN 13 :1421426153 Total Pages :256 pages Book Rating :4.4/5 (214 download)
Book Synopsis The Webster-Hayne Debate by : Christopher Childers
Download or read book The Webster-Hayne Debate written by Christopher Childers and published by Johns Hopkins University Press+ORM. This book was released on 2018-08-15 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this illuminating history, a senatorial debate about states’ rights exemplifies the growing rift within pre-Civil War America. Two generations after the founding, Americans still disagreed on the nature of the Union. Was it a confederation of sovereign states or a nation headed by a central government? To South Carolina Senator Robert Y. Hayne, only the vigilant protection of states’ rights could hold off an attack on a southern way of life built on slavery. Meanwhile, Massachusetts Senator Daniel Webster believed that the political and economic ascendancy of New England—and the nation—required a strong, activist national government. In The Webster-Hayne Debate, historian Christopher Childers examines a sharp dispute in January 1830 that came to define the dilemma of America’s national identity. During Senate discussion of western land policy, the senators’ increasingly heated exchanges led to the question of union—its nature and its value in a federal republic. Childers argues that both Webster and Hayne, and the factions they represented, saw the West as key to the success of their political plans and sought to cultivate western support for their ideas. A short, accessible account of the conflict and the related issues it addressed, The Webster-Hayne Debate captures an important moment in the early republic.
Book Synopsis States' Rights and the Union by : Forrest McDonald
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
Book Synopsis Congress and Crime by : Joseph F. Zimmerman
Download or read book Congress and Crime written by Joseph F. Zimmerman and published by Lexington Books. This book was released on 2014-08-06 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: Congress in the latter part of the nineteenth century decided to enact a series of statutes facilitating state enforcement of their respective criminal laws. Subsequently, Congress enacted statutes federalizing what had been solely state crimes, thereby establishing federal court and state court concurrent jurisdiction over these crimes. Federalization of state crimes has been criticized by numerous scholars, U.S. Supreme Court justices, and national organizations. Such federalization has congested the calendars of the U.S. District Court and the U.S. Court of Appeals leading to delays in civil cases because of the Speedy TrialAct that vacates a criminal indictment if a trial is not commenced within a specific number of days, resulted in over-crowded U.S. penitentiaries, and raises the issue of double jeopardy that is prohibited by the Fifth Amendment to the U.S. Constitution and the constitution of each state. This book examines the impact of federalization of state crime and draws conclusions regarding its desirability. It also offers recommendations directed to Congress and the President, one recommendation direct to state legislatures for remedial actions to reduce the undesirable effects of federalized state crimes, and one recommendation that Congress and all states enter into a federal-interstate criminal suppression compact.
Book Synopsis Debating Federalism by : Aaron N. Coleman
Download or read book Debating Federalism written by Aaron N. Coleman and published by Lexington Books. This book was released on 2018-11-21 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: Federalism—the division of authority between the states and the federal government—ranks among the most important and lasting political and constitutional contributions of the American founders. Since the founding, however, Americans have engaged in a perpetual argument over federalism’s proper structure and function. Arranged thematically and covering the entire span of American history, Debating Federalism: From the Founding to Today provides readers with the sources necessary to trace and understand this perennial debate. By examining the theoretical, polemical, political arguments as well as landmark Supreme Court cases, this collection reveals the continuing relevance and contentiousness of federalism in the American constitutional order.
Book Synopsis The Second Founding: How the Civil War and Reconstruction Remade the Constitution by : Eric Foner
Download or read book The Second Founding: How the Civil War and Reconstruction Remade the Constitution written by Eric Foner and published by W. W. Norton & Company. This book was released on 2019-09-17 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Gripping and essential.”—Jesse Wegman, New York Times An authoritative history by the preeminent scholar of the Civil War era, The Second Founding traces the arc of the three foundational Reconstruction amendments from their origins in antebellum activism and adoption amidst intense postwar politics to their virtual nullification by narrow Supreme Court decisions and Jim Crow state laws. Today these amendments remain strong tools for achieving the American ideal of equality, if only we will take them up.
Book Synopsis Looking for Rights in All the Wrong Places by : Emily Zackin
Download or read book Looking for Rights in All the Wrong Places written by Emily Zackin and published by Princeton University Press. This book was released on 2013-04-21 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unlike many national constitutions, which contain explicit positive rights to such things as education, a living wage, and a healthful environment, the U.S. Bill of Rights appears to contain only a long list of prohibitions on government. American constitutional rights, we are often told, protect people only from an overbearing government, but give no explicit guarantees of governmental help. Looking for Rights in All the Wrong Places argues that we have fundamentally misunderstood the American rights tradition. The United States actually has a long history of enshrining positive rights in its constitutional law, but these rights have been overlooked simply because they are not in the federal Constitution. Emily Zackin shows how they instead have been included in America's state constitutions, in large part because state governments, not the federal government, have long been primarily responsible for crafting American social policy. Although state constitutions, seemingly mired in trivial detail, can look like pale imitations of their federal counterpart, they have been sites of serious debate, reflect national concerns, and enshrine choices about fundamental values. Zackin looks in depth at the history of education, labor, and environmental reform, explaining why America's activists targeted state constitutions in their struggles for government protection from the hazards of life under capitalism. Shedding much-needed light on the variety of reasons that activists pursued the creation of new state-level rights, Looking for Rights in All the Wrong Places challenges us to rethink our most basic assumptions about the American constitutional tradition.
Book Synopsis What Caused the Civil War?: Reflections on the South and Southern History by : Edward L. Ayers
Download or read book What Caused the Civil War?: Reflections on the South and Southern History written by Edward L. Ayers and published by W. W. Norton & Company. This book was released on 2006-08-17 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: “An extremely good writer, [Ayers] is well worth reading . . . on the South and Southern history.”—Stephen Sears, Boston Globe The Southern past has proven to be fertile ground for great works of history. Peculiarities of tragic proportions—a system of slavery flourishing in a land of freedom, secession and Civil War tearing at a federal Union, deep poverty persisting in a nation of fast-paced development—have fed the imaginations of some of our most accomplished historians. Foremost in their ranks today is Edward L. Ayers, author of the award-winning and ongoing study of the Civil War in the heart of America, the Valley of the Shadow Project. In wide-ranging essays on the Civil War, the New South, and the twentieth-century South, Ayers turns over the rich soil of Southern life to explore the sources of the nation's and his own history. The title essay, original here, distills his vast research and offers a fresh perspective on the nation's central historical event.
Book Synopsis Federal Preemption of State and Local Law by : James T. O'Reilly
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.
