States' Rights Vs. Federal Power PDF Download

Author: Douglas A. Smart
Publisher:
ISBN:
Category : Federal government
Languages : en
Pages : 104

View

Book Description

Author: Jason Lewis
Publisher: Publish Green
ISBN: 1935098500
Category : Political Science
Languages : en
Pages : 160

View

Book Description
From the beginnings of the "American experiment," Jason Lewis describes the judicial unraveling of our liberties and offers insight into the factors that play a part in the continued erosion of our constitutional protections--as evidenced poignantly by recent Court decisions related to healthcare, same-sex marriage, and the federal response to the controversial immigration law in Arizona. In "Power Divided is Power Checked," Lewis reminds us that the concept of states' rights, as bequeathed by the Founding Fathers to a grateful nation, was about a constitutional framework intended to limit the missteps of government and provide the greatest amount of freedom and decision-making power to the citizens of "several states." He defines the essence of our constitutional republic and highlights the legal history of the relationship between the states and the federal government. Lewis sounds the alarm for states' rights and offers a way out of the constitutional malaise the nation finds itself in. And, if his prescription for returning power to the states seems radical, Lewis would argue that this is only because we are unaware of just how far American has drifted from our limited government tradition. He calls upon us to understand what it means to live in America, recognize how fragile our republic has become, reclaim our tradition, and in doing so, reclaim our freedom.

Author: Donald F. Kettl
Publisher: Princeton University Press
ISBN: 0691234175
Category : Political Science
Languages : en
Pages : 248

View

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"--

Author: Ben Schaefer
Publisher: Gareth Stevens Publishing LLLP
ISBN: 1538264285
Category : Juvenile Nonfiction
Languages : en
Pages : 24

View

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.

Author: Sotirios A. Barber
Publisher: Harvard University Press
ISBN: 0674070429
Category : Political Science
Languages : en
Pages : 249

View

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.

Author: Dwight W. Allen
Publisher:
ISBN:
Category : Civics
Languages : en
Pages : 100

View

Book Description

Author: Marcia Amidon Lusted
Publisher: Greenhaven Publishing LLC
ISBN: 1534503137
Category : Young Adult Nonfiction
Languages : en
Pages : 202

View

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.

Author: Frederick D. Drake
Publisher: Bloomsbury Publishing USA
ISBN: 0313032297
Category : History
Languages : en
Pages : 264

View

Book Description
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.

Author: Alexander Hamilton
Publisher: Read Books Ltd
ISBN: 1528785878
Category : History
Languages : en
Pages : 420

View

Book Description
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.

Author: Adam Freedman
Publisher: Broadside Books
ISBN: 9780062269959
Category : Political Science
Languages : en
Pages : 0

View

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.