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States' Rights and the Role of the Federal Government

States' Rights and the Role of the Federal Government PDF Author: Marcia Amidon Lusted
Publisher: Greenhaven Publishing LLC
ISBN: 1534503137
Category : Young Adult Nonfiction
Languages : en
Pages : 202

Book Description
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.

States' Rights and the Role of the Federal Government

States' Rights and the Role of the Federal Government PDF Author: Marcia Amidon Lusted
Publisher: Greenhaven Publishing LLC
ISBN: 1534503137
Category : Young Adult Nonfiction
Languages : en
Pages : 202

Book Description
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.

The Divided States of America

The Divided States of America PDF Author: Donald F. Kettl
Publisher: Princeton University Press
ISBN: 0691234175
Category : Political Science
Languages : en
Pages : 248

Book Description
"As James Madison led America's effort to write its Constitution, he made two great inventions-the separation of powers and federalism. The first is more famous, but the second was most essential because, without federalism, there could have been no United States of America. Federalism has always been about setting the balance of power between the federal government and the states-and that's revolved around deciding just how much inequality the country was prepared to accept in exchange for making piece among often-warring states. Through the course of its history, the country has moved through a series of phases, some of which put more power into the hands of the federal government, and some rested more power in the states. Sometimes this rebalancing led to armed conflict. The Civil War, of course, almost split the nation permanently apart. And sometimes it led to political battles. By the end of the 1960s, however, the country seemed to have settled into a quiet agreement that inequality was a prime national concern, that the federal government had the responsibility for addressing it through its own policies, and that the states would serve as administrative agents of that policy. But as that agreement seemed set, federalism drifted from national debate, just as the states began using their administrative role to push in very different directions. The result has been a rising tide of inequality, with the great invention that helped create the nation increasingly driving it apart"--

What Are States' Rights?

What Are States' Rights? PDF Author: Ben Schaefer
Publisher: Gareth Stevens Publishing LLLP
ISBN: 1538264285
Category : Juvenile Nonfiction
Languages : en
Pages : 24

Book Description
With our current laws, the United States federal government has a lot of power. It can print money, make laws, and declare war, but what about the powers that the federal government doesn't have? These powers are called states' rights and have been a law since the Bill of Rights was passed in 1789. Your readers will learn about the powers that states have in America today, the history of these rights, and how this idea has been used as justification for war and discrimination.

State Sovereignty and the Role of the Federal Government

State Sovereignty and the Role of the Federal Government PDF Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution, Federalism, and Property Rights
Publisher:
ISBN:
Category : Political Science
Languages : en
Pages : 68

Book Description


Selected Articles on States Rights

Selected Articles on States Rights PDF Author: Lamar Taney Beman
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 438

Book Description


States' Rights and the Union

States' Rights and the Union PDF Author: Forrest McDonald
Publisher:
ISBN:
Category : History
Languages : en
Pages : 314

Book Description
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

Federalism: A Very Short Introduction

Federalism: A Very Short Introduction PDF Author: Mark J. Rozell
Publisher: Oxford University Press
ISBN: 0190900067
Category : Social Science
Languages : en
Pages : 168

Book Description
Early Americans were suspicious of centralized authority and executive power. Casting away the yoke of England and its king, the founding fathers shared in this distrust as they set out to pen the Constitution. Weighing a need for consolidated leadership with a demand for states' rights, they established a large federal republic with limited dominion over the states, leaving most of the governing responsibility with the former colonies. With this dual system of federalism, the national government held the powers of war, taxation, and commerce, and the ability to pass the laws necessary to uphold these functions. Although the federal role has grown substantially since then, states and local governments continue to perform most of the duties in civil and criminal law, business and professional licensing, the management of infrastructure and public services: roads, schools, libraries, sanitation, land use and development, and etc. Despite the critical roles of state and local governments, there is little awareness-or understanding-of the nature and operations of the federal system. This Very Short Introduction provides a concise overview of federalism, from its origins and evolution to the key events and constitutional decisions that have defined its framework. Although the primary focus is on the United States, other federal systems, including Brazil, Canada, India, Germany, Russia, South Africa, Switzerland, and the EU, are addressed.

The Fallacies of States' Rights

The Fallacies of States' Rights PDF Author: Sotirios A. Barber
Publisher: Harvard University Press
ISBN: 0674070429
Category : Political Science
Languages : en
Pages : 249

Book Description
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.

A Less Perfect Union

A Less Perfect Union PDF Author: Adam Freedman
Publisher: Broadside Books
ISBN: 9780062269959
Category : Political Science
Languages : en
Pages : 0

Book Description
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.

Federalism and Foreign Policy: Do the States have Rights?

Federalism and Foreign Policy: Do the States have Rights? PDF Author: Ilka Kreimendahl
Publisher: GRIN Verlag
ISBN: 3638371271
Category : Literary Collections
Languages : en
Pages : 30

Book Description
Seminar paper from the year 2003 in the subject American Studies - Culture and Applied Geography, grade: 1,0/ A, University of Kassel, course: American Federalism - Die Entwicklung eines politischen Modells, language: English, abstract: Throughout history the American nation has been significantly altered by the decisions of the Supreme Court which has been responsible for the correct interpretation of the most important American document: the United States Constitution. Especially concerning the separation of powers among the different governmental branches legislature, judiciary, and executive and the subdivision of power between the federal government and the governments of the constituent states, a lot of decisions had to be made. The rulings of the Highest Court of the United States shaped the country and its future considerably and delegated more rights to the federal government. This paper will investigate in particular the question if the member states of the federal union do have rights in regard to foreign policy or if they are completely subordinate to the decisions of Congress. Beginning with an explanation of the term federalism, I will try to give a brief overview over the American governmental system. Following that, I will take a closer look at the basis of the American government – the U.S. Constitution and the delegation of powers it attends to. The third part then deals with U.S. foreign affairs, the constitutional background it is based on, and moreover the role Congress plays in foreign policy-making. Subsequently, in the next chapter, the focus will be on the constituent states and their special role within the federal union and in this context I will consider predominantly their possibilities to have an influence on foreign affairs matters. Finally, the thesis will consider two of the most important cases that have been ruled by the United States Supreme Court: the opinions in Chae Chan Ping v. U.S. – ‘The Chinese Exclusion Case’ – and U.S. v. Curtiss-Wright Export Corp. have been among the most significant decisions concerning U.S. federalism and have been of great importance for the role of the states in foreign affairs. To conclude, I will summarize the results that fo llow from this work.