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Fresh analysis revises many previous theories on origins & significance of the nullification controversy.
The Founding Fathers guaranteed trial by jury three times in the Constitution—more than any other right—since juries can serve as the final check on government’s power to enforce unjust, immoral, or oppressive laws. But in America today, how independent c
Generations of scholars have debated why the Union collapsed and descended into civil war in the spring of 1861. Turning this question on its head, Brian C. Neumann’s Bloody Flag of Anarchy asks how the fragile Union held together for so long. This fascinating study grapples with this dilemma by reexamining the nullification crisis, one of the greatest political debates of the antebellum era, when the country came perilously close to armed conflict in the winter of 1832–33 after South Carolina declared two tariffs null and void. Enraged by rising taxes and the specter of emancipation, 25,000 South Carolinians volunteered to defend the state against the perceived tyranny of the federal government. Although these radical Nullifiers claimed to speak for all Carolinians, the impasse left the Palmetto State bitterly divided. Forty percent of the state’s voters opposed nullification, and roughly 9,000 men volunteered to fight against their fellow South Carolinians to hold the Union together. Bloody Flag of Anarchy examines the hopes, fears, and ideals of these Union men, who viewed the nation as the last hope of liberty in a world dominated by despotism—a bold yet fragile testament to humanity’s capacity for self-government. They believed that the Union should preserve both liberty and slavery, ensuring peace, property, and prosperity for all white men. Nullification, they feared, would provoke social and political chaos, shattering the Union, destroying the social order, and inciting an apocalyptic racial war. By reframing the nullification crisis, Neumann provides fresh insight into the internal divisions within South Carolina, illuminating a facet of the conflict that has long gone underappreciated. He reveals what the Union meant to Americans in the Jacksonian era and explores the ways both factions deployed conceptions of manhood to mobilize supporters. Nullifiers attacked their opponents as timid “submission men” too cowardly to defend their freedom. Many Unionists pushed back by insisting that “true men” respected the law and shielded their families from the horrors of disunion. Viewing the nullification crisis against the backdrop of global events, they feared that America might fail when the world, witnessing turmoil across Europe and the Caribbean, needed its example the most. By closely examining how the nation avoided a ruinous civil war in the early 1830s, Bloody Flag of Anarchy sheds new light on why America failed three decades later to avoid a similar fate.
From New York Times bestselling historian H. W. Brands comes the riveting story of how, in nineteenth-century America, a new set of political giants battled to complete the unfinished work of the Founding Fathers and decide the future of our democracy In the early 1800s, three young men strode onto the national stage, elected to Congress at a moment when the Founding Fathers were beginning to retire to their farms. Daniel Webster of Massachusetts, a champion orator known for his eloquence, spoke for the North and its business class. Henry Clay of Kentucky, as dashing as he was ambitious, embodied the hopes of the rising West. South Carolina's John Calhoun, with piercing eyes and an even more piercing intellect, defended the South and slavery. Together these heirs of Washington, Jefferson and Adams took the country to war, battled one another for the presidency and set themselves the task of finishing the work the Founders had left undone. Their rise was marked by dramatic duels, fierce debates, scandal and political betrayal. Yet each in his own way sought to remedy the two glaring flaws in the Constitution: its refusal to specify where authority ultimately rested, with the states or the nation, and its unwillingness to address the essential incompatibility of republicanism and slavery. They wrestled with these issues for four decades, arguing bitterly and hammering out political compromises that held the Union together, but only just. Then, in 1850, when California moved to join the Union as a free state, "the immortal trio" had one last chance to save the country from the real risk of civil war. But, by that point, they had never been further apart. Thrillingly and authoritatively, H. W. Brands narrates an epic American rivalry and the little-known drama of the dangerous early years of our democracy.
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.
In this comprehensive analysis of politics and ideology in antebellum South Carolina, Manisha Sinha offers a provocative new look at the roots of southern separatism and the causes of the Civil War. Challenging works that portray secession as a fight for white liberty, she argues instead that it was a conservative, antidemocratic movement to protect and perpetuate racial slavery. Sinha discusses some of the major sectional crises of the antebellum era--including nullification, the conflict over the expansion of slavery into western territories, and secession--and offers an important reevaluation of the movement to reopen the African slave trade in the 1850s. In the process she reveals the central role played by South Carolina planter politicians in developing proslavery ideology and the use of states' rights and constitutional theory for the defense of slavery. Sinha's work underscores the necessity of integrating the history of slavery with the traditional narrative of southern politics. Only by taking into account the political importance of slavery, she insists, can we arrive at a complete understanding of southern politics and the enormity of the issues confronting both northerners and southerners on the eve of the Civil War.
This book traces how early Americans imagined what a 'nation' meant during the first fifty years of the country's existence.