| Description |
1 online resource (xi, 299 pages). |
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text file PDF |
| Physical Medium |
polychrome |
| Series |
& law : legal thought across disciplines
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& Law.
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| Bibliography |
Includes bibliographical references and index. |
| Contents |
"A real nondescript : James Madison's thoughts on states rights and federalism / Jack N. Rakove -- James Madison and the constitution's convention for proposing amendments / Robert G. Natelson -- States' rights and nullification in the north : opposition to the fugitive slave laws / Paul Finkelman -- Still too close to call? : rethinking Stamp's "The concept of a perpetual union" / Daniel W. Hamilton -- Secession and breach of compact : the law of nature meets the U.S. Constitution / Stephen C. Neff -- William Rawle and secession : legal rights and political wrongs / H. Jefferson Powell -- The fourteenth amendment and the unconstitutionality of secession / Daniel A. Farber -- Interposition : an overlooked tool of American constitutionalism / Christian G. Fritz -- Originalism's limits : interposition, nullification, and secession / Lee J. Strang -- Union and states rights 150 years after Sumter : some reflections on a tangled political and constitutional conundrum / Sanford V. Levinson -- Remembering our second revolution : sesquicentennial reflections on Civil war Historiography / Norman W. Spaulding. |
| Summary |
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. |
| Local Note |
eBooks on EBSCOhost EBSCO eBook Subscription Academic Collection - North America |
| Subject |
Federal government -- United States -- History -- 19th century.
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Federal government. |
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United States. |
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History. |
| Chronological Term |
19th century |
| Subject |
States' rights (American politics) -- History -- 19th century.
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States' rights (American politics) |
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Nullification (States' rights) -- History -- 19th century.
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Nullification (States' rights) |
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Secession -- United States -- History -- 19th century.
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Secession. |
| Chronological Term |
1800 - 1899 |
| Indexed Term |
Supremacy clause Interposition |
| Genre/Form |
Electronic books.
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History.
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| Added Author |
Cogan, Neil H. (Neil Howard), 1944- editor.
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| Added Title |
Union and states' rights |
| Other Form: |
Print version: Union & states' rights. First edition. Akron, Ohio : The University of Akron Press, 2014 9781937378134 (DLC) 2013014442 (OCoLC)841199151 |
| ISBN |
9781461956907 (electronic book) |
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1461956900 (electronic book) |
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9781937378394 (electronic book) |
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193737839X (electronic book) |
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9781937378134 (paperback : alkaline paper) |
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1937378136 (paperback : alkaline paper) |
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9781937378387 |
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1937378381 |
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