States Rights And American Federalism

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The debate over states' rights versus federalism in America is one that has raged since our country's founding. Arguments over the interpretation of the Constitution and the meaning of power and its distribution among the states' governments echoes in governmental chambers even today. Students can trace the history and development of issues surrounding this debate, as well as the reactions to them, through this unique and comprehensive collection of over 65 primary documents. Court cases, opinion pieces, speeches and many other documents bring to life the controversies surrounding the debate. Explanatory introductions to documents aid users in understanding the various arguments put forth in deliberations over different governmental matters, while illuminating the significance of each document. Drake and Nelson trace the origins and changes in the nature of states' rights and American federalism using carefully chosen documents to reflect the fact that the tension and interaction between the states' governments and the national government define the ideals and provide the means for realistic achievement of these ideals. Documents can be easily accessed through five different sections, each section exploring a specific period in history and contributing to the understanding of the debate. The introductory and explanatory text help readers understand the nature of the conflicts, the issues being contested, the social and cultural pressures that shaped each debate, and the manner in which the passions of individual government officials, justices, and our presidents affected the development of policies concerning states' rights and federalism.

Product Details :

Genre : History
Author : Frederick D. Drake
Publisher : Bloomsbury Publishing USA
Release : 1999-11-30
File : 264 Pages
ISBN-13 : 9780313032295


The Fallacies Of States Rights

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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.

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Genre : Political Science
Author : Sotirios A. Barber
Publisher : Harvard University Press
Release : 2013-01-14
File : 249 Pages
ISBN-13 : 9780674070424


Progressive States Rights

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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.

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Genre : Political Science
Author : Sean Beienburg
Publisher : University Press of Kansas
Release : 2024-03-29
File : 352 Pages
ISBN-13 : 9780700636198


American Federalism And Individual Rights

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The protection of individual rights and the division of power between the national government and the states are core principles upon which American governance is built, but how well do these concepts work together and to what extent could they be at cross purposes? American Federalism and Individual Rights presents both of these founding concepts and explores their compatibility through policy-specific studies, including civil rights, education, marriage equality, and physician-assisted death. Written for anyone interested in American politics, the author presents all of the foundational information one would need to make their own assessment of how federalism works to either promote or undermine the protection of the individual in these policy areas along with suggestions for further study.

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Genre : Political Science
Author : Stephanie Mora Walls
Publisher : Rowman & Littlefield
Release : 2021-02-15
File : 261 Pages
ISBN-13 : 9781498589451


States Rights And The Role Of The Federal Government

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The balance of power between states and the federal government has long been a point of contention. In an era when one political party controls the three branches of the federal government, the possibility to employ states' rights to resist objectionable federal policy has made it a highly contemporary issue. With states' rights at the center of issues like sanctuary cities, abortion, gun control, and LGBTQ rights, understanding the distribution of power between state and federal government is key to grasping the current political climate and the future of American politics.

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Genre : Young Adult Nonfiction
Author : Marcia Amidon Lusted
Publisher : Greenhaven Publishing LLC
Release : 2018-07-15
File : 202 Pages
ISBN-13 : 9781534503151


American Government

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"The main strength of this book is that it presents a ‘human’ side to American Government that challenges students to think critically while still presenting the ‘teaching’ side with objectives, self-tests, and chapter reviews." —Kathleen Barrett, University of West Georgia In the Third Edition of American Government: Stories of a Nation, author Scott F. Abernathy tunes in to the voices of all Americans, showing how our diverse ideas shape the way we participate and behave, the laws we live by, and the challenges we face. From the Constitutional Convention to the 2020 presidential election, each chapter features rich, personal narratives that illustrate how the American political system is the product of strategies, calculations, and miscalculations of countless individuals. It focuses on real people, the actions they take, the struggles they face, and how their choices influence outcomes. The key concepts are memorable because they are tied to real politics, where students see political action and political choices shaping how institutions advance or impede the fulfillment of fundamental ideas. Participation is at the heart of this groundbreaking new text, with ample background on how we participate and why. Not only will all students see themselves reflected in the pages, but they will come to understand that they, too, are strategic players in American politics, with voices that matter. Digital Option / Courseware SAGE Vantage is an intuitive digital platform that delivers this text’s content and course materials in a learning experience that offers auto-graded assignments and interactive multimedia tools, all carefully designed to ignite student engagement and drive critical thinking. Built with you and your students in mind, it offers simple course set-up and enables students to better prepare for class. Assignable Video with Assessment Assignable video (available with SAGE Vantage) is tied to learning objectives and curated exclusively for this text to bring concepts to life. LMS Cartridge: Import this title’s instructor resources into your school’s learning management system (LMS) and save time. Don’t use an LMS? You can still access all of the same online resources for this title via the password-protected Instructor Resource Site. CQ Press Lecture Spark: Designed to save you time and ignite student engagement, these free weekly lecture launchers focus on current event topics tied to key concepts in American Government.

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Genre : Political Science
Author : Scott F. Abernathy
Publisher : CQ Press
Release : 2020-12-10
File : 1018 Pages
ISBN-13 : 9781071816868


Prohibition The Constitution And States Rights

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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.

Product Details :

Genre : History
Author : Sean Beienburg
Publisher : University of Chicago Press
Release : 2019-06-20
File : 333 Pages
ISBN-13 : 9780226632131


Political Encyclopedia Of U S States And Regions

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An essential reference to and expert analysis of government and politics in all 50 states and the US territories This innovative and useful reference fills the need for practical information and conceptual analysis of the roles and functions of state government by providing accessible state-by-state and regional overviews of government and politics. Features include substantive essays; in-depth profiles of each of the fifty states, the District of Columbia, and all U.S. territories; an encyclopedic A to Z section with entries covering the overarching concepts, structures, and processes that are important to state and local government, and politics in general; and a detailed section on data and statistics emphasizing historical and demographic trends that have helped shape regional and state government and politics.

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Genre : Political Science
Author : Donald P. Haider-Markel
Publisher : CQ Press
Release : 2008-11-03
File : 1124 Pages
ISBN-13 : 9781452267357


Reader S Guide To American History

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There are so many books on so many aspects of the history of the United States, offering such a wide variety of interpretations, that students, teachers, scholars, and librarians often need help and advice on how to find what they want. The Reader's Guide to American History is designed to meet that need by adopting a new and constructive approach to the appreciation of this rich historiography. Each of the 600 entries on topics in political, social and economic history describes and evaluates some 6 to 12 books on the topic, providing guidance to the reader on everything from broad surveys and interpretive works to specialized monographs. The entries are devoted to events and individuals, as well as broader themes, and are written by a team of well over 200 contributors, all scholars of American history.

Product Details :

Genre : History
Author : Peter J. Parish
Publisher : Routledge
Release : 2013-06-17
File : 930 Pages
ISBN-13 : 9781134261895


Monitoring American Federalism

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Monitoring American Federalism examines some of the nation's most significant controversies in which state legislatures have attempted to be active partners in the process of constitutional decision-making. Christian G. Fritz looks at interposition, which is the practice of states opposing federal government decisions that were deemed unconstitutional. Interposition became a much-used constitutional tool to monitor the federal government and organize resistance, beginning with the Constitution's ratification and continuing through the present affecting issues including gun control, immigration and health care. Though the use of interposition was largely abandoned because of its association with nullification and the Civil War, recent interest reminds us that the federal government cannot run roughshod over states, and that states lack any legitimate power to nullify federal laws. Insightful and comprehensive, this appraisal of interposition breaks new ground in American political and constitutional history, and can help us preserve our constitutional system and democracy.

Product Details :

Genre : History
Author : Christian G. Fritz
Publisher : Cambridge University Press
Release : 2023-01-26
File : 425 Pages
ISBN-13 : 9781009325592