Download Free Nullification And Secession In Modern Constitutional Thought Book in PDF and EPUB Free Download. You can read online Nullification And Secession In Modern Constitutional Thought and write the review.

The Missouri legislature passes a bill to flout federal gun-control laws it deems unconstitutional. Texas refuses to recognize same-sex marriages, citing the state's sovereignty. The Tenth Amendment Center promotes the “Federal Health Care Nullification Act.” In these and many other similar instances, the spirit of nullification is seeing a resurgence in an ever-more politically fragmented and decentralized America. What this means—in legal, cultural, and historical terms—is the question explored in Nullification and Secession in Modern Constitutional Thought. Bringing together a number of distinguished scholars, the book offers a variety of informed perspectives on what editor Sanford Levinson terms “neo-nullification,” a category that extends from formal declarations on the invalidity of federal law to what might be called “uncooperative federalism.” Mark Tushnet, Mark Graber, James Read, Jared Goldstein, Vicki Jackson, and Alison La Croix are among the contributors who consider a strain of federalism stretching from the framing of the Constitution to the state of Texas's most recent threat to secede from the United States. The authors look at the theory and practice of nullification and secession here and abroad, discussing how contemporary advocates use the text and history of the Constitution to make their cases, and how very different texts and histories influence such movements outside of the United States—in Scotland, for instance, or Catalonia, or Quebec, or even England vis-à-vis the European Union. Together these essays provide a nuanced account of the practical and philosophical implications of a concept that has marked America's troubled times, from the build-up to the Civil War to the struggle over civil rights to battles over the Second Amendment and Obamacare.
Demonstrates the crucial role that the Constitution played in the coming of the Civil War.
Citizens across the country are fed up with the politicians in Washington telling us how to live our lives—and then sticking us with the bill. But what can we do? Actually, we can just say “no.” As New York Times bestselling author Thomas E. Woods, Jr., explains, “nullification” allows states to reject unconstitutional federal laws. For many tea partiers nationwide, nullification is rapidly becoming the only way to stop an over-reaching government drunk on power. From privacy to national healthcare, Woods shows how this growing and popular movement is sweeping across America and empowering states to take action against Obama’s socialist policies and big-government agenda.
A stunning revision of our founding document’s evolving history that forces us to confront anew the question that animated the founders so long ago: What is our Constitution? Americans widely believe that the United States Constitution was created when it was drafted in 1787 and ratified in 1788. But in a shrewd rereading of the Founding era, Jonathan Gienapp upends this long-held assumption, recovering the unknown story of American constitutional creation in the decade after its adoption—a story with explosive implications for current debates over constitutional originalism and interpretation. When the Constitution first appeared, it was shrouded in uncertainty. Not only was its meaning unclear, but so too was its essential nature. Was the American Constitution a written text, or something else? Was it a legal text? Was it finished or unfinished? What rules would guide its interpretation? Who would adjudicate competing readings? As political leaders put the Constitution to work, none of these questions had answers. Through vigorous debates they confronted the document’s uncertainty, and—over time—how these leaders imagined the Constitution radically changed. They had begun trying to fix, or resolve, an imperfect document, but they ended up fixing, or cementing, a very particular notion of the Constitution as a distinctively textual and historical artifact circumscribed in space and time. This means that some of the Constitution’s most definitive characteristics, ones which are often treated as innate, were only added later and were thus contingent and optional.
This book "traces the historical roots of the secessionist spirit, and introduces us to the often radical, sometimes quixotic, and highly charged movements that want to decentralize and re-localize power"--P. [4] of cover.
The political impulse to secede -- to attempt to separate from central government control -- is a conspicuous feature of the post-cold war world. It is alive and growing in Canada, Russia, China, Italy, Belgium, Britain, and even the United States Yet secession remains one of the least studied and least understood of all historical and political phenomena. The contributors to this volume have filled this gap with wide-ranging investigations -- rooted in history, political philosophy, ethics, and economic theory -- of secessionist movements in the United States, Canada, and Europe. Is secessionism extremist, a dangerous rebellion that threatens the democratic process? Gordon and his contributors think otherwise. They believe that the secessionist impulse is a vital part of the classical liberal tradition, one that emerges when national governments become too big and too ambitious. Unlike revolution, secession seeks only separation from rule, preferably through non-violent means. It is based on the moral idea, articulated by Ludwig von Mises in 1919, that "no people and no part of a people shall be held against its will in a political association that it does not want. The authors cite the famed 1861 attempt to create a confederacy of Southern states as legal, right, and a justifiable response to Northern political imperialism. They note that this was not the first American secession attempt -- the New England states tried to form their own confederacy during the War of 1812. This evidence, they argue, begs a reinterpretation of the U.S. Constitution along secessionist lines. Further they believe that the threat of secession should be revived as a bulwark against government encroachmenton individual liberty and private property rights, a guarantor of international free trade, and a protection against attempts to curb the freedom of association. These straightforward, pellucid arguments include essays by Donald Livingston, Murray N. Rothbard, Clyde Wilson, Thomas DiLorenzo, and Bruce Benson, among others. If overgrown nations continue to decompose, as they have for the last decade, these authors believe it is essential that secession be taken seriously, and fully understood. Secession, State, and Liberty makes a vital contribution toward that end. This stimulating, thought-provoking collection is necessary reading for intellectual historians and political scientists.
In this original, provocative contribution to the debate over economic inequality, Ganesh Sitaraman argues that a strong and sizable middle class is a prerequisite for America’s constitutional system. A New York Times Notable Book of 2017 For most of Western history, Sitaraman argues, constitutional thinkers assumed economic inequality was inevitable and inescapable—and they designed governments to prevent class divisions from spilling over into class warfare. The American Constitution is different. Compared to Europe and the ancient world, America was a society of almost unprecedented economic equality, and the founding generation saw this equality as essential for the preservation of America’s republic. Over the next two centuries, generations of Americans fought to sustain the economic preconditions for our constitutional system. But today, with economic and political inequality on the rise, Sitaraman says Americans face a choice: Will we accept rising economic inequality and risk oligarchy or will we rebuild the middle class and reclaim our republic? The Crisis of the Middle-Class Constitution is a tour de force of history, philosophy, law, and politics. It makes a compelling case that inequality is more than just a moral or economic problem; it threatens the very core of our constitutional system.
A New Look at Abraham Lincoln, His Agenda, and an Unnecessary War Most Americans consider Abraham Lincoln to be the greatest president in history. His legend as the Great Emancipator has grown to mythic proportions as hundreds of books, a national holiday, and a monument in Washington, D.C., extol his heroism and martyrdom. But what if most everything you knew about Lincoln were false? What if, instead of an American hero who sought to free the slaves, Lincoln were in fact a calculating politician who waged the bloodiest war in american history in order to build an empire that rivaled Great Britain's? In The Real Lincoln, author Thomas J. DiLorenzo uncovers a side of Lincoln not told in many history books--and overshadowed by the immense Lincoln legend. Through extensive research and meticulous documentation, DiLorenzo portrays the sixteenth president as a man who devoted his political career to revolutionizing the American form of government from one that was very limited in scope and highly decentralized—as the Founding Fathers intended—to a highly centralized, activist state. Standing in his way, however, was the South, with its independent states, its resistance to the national government, and its reliance on unfettered free trade. To accomplish his goals, Lincoln subverted the Constitution, trampled states' rights, and launched a devastating Civil War, whose wounds haunt us still. According to this provacative book, 600,000 American soldiers did not die for the honorable cause of ending slavery but for the dubious agenda of sacrificing the independence of the states to the supremacy of the federal government, which has been tightening its vise grip on our republic to this very day. In The Real Lincoln, you will discover a side of Lincoln that you were probably never taught in school—a side that calls into question the very myths that surround him and helps explain the true origins of a bloody, and perhaps, unnecessary war.
One of our most eminent Lincoln scholars, winner of a Lincoln Prize for his Lincoln at Cooper Union, examines the four months between Lincoln's election and inauguration, when the president-elect made the most important decision of his coming presidency—there would be no compromise on slavery or secession of the slaveholding states, even at the cost of civil war. Abraham Lincoln first demonstrated his determination and leadership in the Great Secession Winter—the four months between his election in November 1860 and his inauguration in March 1861—when he rejected compromises urged on him by Republicans and Democrats, Northerners and Southerners, that might have preserved the Union a little longer but would have enshrined slavery for generations. Though Lincoln has been criticized by many historians for failing to appreciate the severity of the secession crisis that greeted his victory, Harold Holzer shows that the presidentelect waged a shrewd and complex campaign to prevent the expansion of slavery while vainly trying to limit secession to a few Deep South states. During this most dangerous White House transition in American history, the country had two presidents: one powerless (the president-elect, possessing no constitutional authority), the other paralyzed (the incumbent who refused to act). Through limited, brilliantly timed and crafted public statements, determined private letters, tough political pressure, and personal persuasion, Lincoln guaranteed the integrity of the American political process of majority rule, sounded the death knell of slavery, and transformed not only his own image but that of the presidency, even while making inevitable the war that would be necessary to make these achievements permanent. Lincoln President-Elect is the first book to concentrate on Lincoln's public stance and private agony during these months and on the momentous consequences when he first demonstrated his determination and leadership. Holzer recasts Lincoln from an isolated prairie politician yet to establish his greatness, to a skillful shaper of men and opinion and an immovable friend of freedom at a decisive moment when allegiance to the founding credo "all men are created equal" might well have been sacrificed.
Is the world facing a serious threat to the protection of constitutional democracy? There is a genuine debate about the meaning of the various political events that have, for many scholars and observers, generated a feeling of deep foreboding about our collective futures all over the world. Do these events represent simply the normal ebb and flow of political possibilities, or do they instead portend a more permanent move away from constitutional democracy that had been thought triumphant after the demise of the Soviet Union in 1989? Constitutional Democracy in Crisis? addresses these questions head-on: Are the forces weakening constitutional democracy around the world general or nation-specific? Why have some major democracies seemingly not experienced these problems? How can we as scholars and citizens think clearly about the ideas of "constitutional crisis" or "constitutional degeneration"? What are the impacts of forces such as globalization, immigration, income inequality, populism, nationalism, religious sectarianism? Bringing together leading scholars to engage critically with the crises facing constitutional democracies in the 21st century, these essays diagnose the causes of the present afflictions in regimes, regions, and across the globe, believing at this stage that diagnosis is of central importance - as Abraham Lincoln said in his "House Divided" speech, "If we could first know where we are, and whither we are tending, we could then better judge what to do, and how to do it."