Download Free Secession And Constitutional Liberty Book in PDF and EPUB Free Download. You can read online Secession And Constitutional Liberty and write the review.

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.
Demonstrates the crucial role that the Constitution played in the coming of the Civil War.
A timeless reference on the right of secession from Britainís Glorious Revolution to Canada's current situation. Born in Minnesota, John Remington Graham is a constitutional-law attorney who served as an advisor on secession to the amicus curiae for Quebec.
Is secession legal under the United States Constitution? "One Nation, Indivisible?" takes a fresh look at this old question by evaluating the key arguments of such anti-secession men as Daniel Webster and Abraham Lincoln, in light of reason, historical fact, the language of the Constitution, and the words of America's Founding Fathers. Modern anti-secession arguments are also examined, as are the questions of why Americans are becoming interested in secession once again, whether secession can be avoided, and how an American state might peacefully secede from the Union.
Originally published in 1960, The Constitution of Liberty delineates and defends the principles of a free society and traces the origin, rise, and decline of the rule of law. Casting a skeptical eye on the growth of the welfare state, Hayek examines the challenges to freedom posed by an ever expanding government as well as its corrosive effect on the creation, preservation, and utilization of knowledge. In distinction to those who confidently call for the state to play a greater role in society, Hayek puts forward a nuanced argument for prudence. Guided by this quality, he elegantly demonstrates that a free market system in a democratic polity—under the rule of law and with strong constitutional protections of individual rights—represents the best chance for the continuing existence of liberty. Striking a balance between skepticism and hope, Hayek’s profound insights remain strikingly vital half a century on. This definitive edition of The Constitution of Liberty will give a new generation the opportunity to learn from Hayek’s enduring wisdom.
A New York Times Book Review Editors' Choice An innovative account of Abraham Lincoln, constitutional thinker and doer Abraham Lincoln is justly revered for his brilliance, compassion, humor, and rededication of the United States to achieving liberty and justice for all. He led the nation into a bloody civil war to uphold the system of government established by the US Constitution—a system he regarded as the “last best hope of mankind.” But how did Lincoln understand the Constitution? In this groundbreaking study, Noah Feldman argues that Lincoln deliberately and recurrently violated the United States’ founding arrangements. When he came to power, it was widely believed that the federal government could not use armed force to prevent a state from seceding. It was also assumed that basic civil liberties could be suspended in a rebellion by Congress but not by the president, and that the federal government had no authority over slavery in states where it existed. As president, Lincoln broke decisively with all these precedents, and effectively rewrote the Constitution’s place in the American system. Before the Civil War, the Constitution was best understood as a compromise pact—a rough and ready deal between states that allowed the Union to form and function. After Lincoln, the Constitution came to be seen as a sacred text—a transcendent statement of the nation’s highest ideals. The Broken Constitution is the first book to tell the story of how Lincoln broke the Constitution in order to remake it. To do so, it offers a riveting narrative of his constitutional choices and how he made them—and places Lincoln in the rich context of thinking of the time, from African American abolitionists to Lincoln’s Republican rivals and Secessionist ideologues. Includes 8 Pages of Black-and-White Illustrations
Finalist for the 2022 Lincoln Prize An award-winning scholar uncovers the guiding principles of Lincoln’s antislavery strategies. The long and turning path to the abolition of American slavery has often been attributed to the equivocations and inconsistencies of antislavery leaders, including Lincoln himself. But James Oakes’s brilliant history of Lincoln’s antislavery strategies reveals a striking consistency and commitment extending over many years. The linchpin of antislavery for Lincoln was the Constitution of the United States. Lincoln adopted the antislavery view that the Constitution made freedom the rule in the United States, slavery the exception. Where federal power prevailed, so did freedom. Where state power prevailed, that state determined the status of slavery, and the federal government could not interfere. It would take state action to achieve the final abolition of American slavery. With this understanding, Lincoln and his antislavery allies used every tool available to undermine the institution. Wherever the Constitution empowered direct federal action—in the western territories, in the District of Columbia, over the slave trade—they intervened. As a congressman in 1849 Lincoln sponsored a bill to abolish slavery in Washington, DC. He reentered politics in 1854 to oppose what he considered the unconstitutional opening of the territories to slavery by the Kansas–Nebraska Act. He attempted to persuade states to abolish slavery by supporting gradual abolition with compensation for slaveholders and the colonization of free Blacks abroad. President Lincoln took full advantage of the antislavery options opened by the Civil War. Enslaved people who escaped to Union lines were declared free. The Emancipation Proclamation, a military order of the president, undermined slavery across the South. It led to abolition by six slave states, which then joined the coalition to affect what Lincoln called the "King’s cure": state ratification of the constitutional amendment that in 1865 finally abolished slavery.
Constitutional politics has become a major terrain of contemporary struggles. Contestation around designing, replacing, revising, and dramatically re-interpreting constitutions is proliferating worldwide. Starting with Southern Europe in post-Franco Spain, then in the ex-Communist countries in Central Europe, post-apartheid South Africa, and now in the Arab world, constitution making has become a project not only of radical political movements, but of liberals and conservatives as well. Wherever new states or new regimes will emerge in the future, whether through negotiations, revolutionary process, federation, secession, or partition, the making of new constitutions will be a key item on the political agenda. Combining historical comparison, constitutional theory, and political analysis, this volume links together theory and comparative analysis in order to orient actors engaged in constitution making processes all over the world. The book examines two core phenomena: the development of a new, democratic paradigm of constitution making, and the resulting change in the normative discussions of constitutions, their creation, and the source of their legitimacy. After setting out a theoretical framework for understanding these developments, Andrew Arato examines recent constitutional politics in South Africa, Hungary, Turkey, and Latin America and discusses the political stakes in constitution-making. The book concludes by offering a systematic critique of the alternative to the new paradigm, populism and populist constituent politics.