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As the expanding United States grappled with the question of how to determine the boundaries of slavery, politicians proposed popular sovereignty as a means of entrusting the issue to citizens of new territories. Christopher Childers now uses popular sovereignty as a lens for viewing the radicalization of southern states' rights politics, demonstrating how this misbegotten offspring of slavery and Manifest Destiny, though intended to assuage passions, instead worsened sectional differences, radicalized southerners, and paved the way for secession. In this first major history of popular sovereignty, Childers explores the triangular relationship among the extension of slavery, southern politics, and territorial governance. He shows how, as politicians from North and South redesigned popular sovereignty to lessen sectional tensions and remove slavery from the national political discourse, the doctrine instead made sectional divisions intractable, placed the territorial issue at the center of national politics, and gave voice to an increasingly radical states' rights interpretation of the federal compact. Childers explains how politicians offered the idea of local control over slavery as a way to appease the South-or at least as a compromise that would not offend the states' rights constitutional scruples of southerners. In the end, that strategy backfired by transforming the South into a rigid sectional bloc dedicated to the protection and perpetuation of slavery-a political time bomb that eventually exploded into Civil War. Tracing the doctrine of popular sovereignty back to its roots in the early American republic, Childers describes the dichotomy between believers in local control in the territories and national control as first embodied in the 1787 Northwest Ordinance. Noting that the slavery extension issue had surfaced before but obviously not been resolved, he shows how the debate over this issue played out over time, complicated the relationship between the federal government and the territories, and radicalized sectional politics. He also provides new insight into such topics as Arkansas and Florida statehood, the early phases of California's statehood bid, and the emergence of John C. Calhoun's common property doctrine. Laced with new insights, Childers's study offers a coherent narrative of the formative moments in the slavery debate that have been seen heretofore as discrete events. His work stands at the intersection of political, intellectual, and constitutional history, unfolding the formative moments in the slavery debate to expand our understanding of the peculiar institution in the early republic.
Sovereignty, originally the figure of 'sovereign', then the state, today meets new challenges of globalization and privatization of power.
This comprehensive study of State failure upholds that the collapse of States in sub-Saharan Africa is a self-inflicted problem caused by the abandonment of the principle of effectiveness during decolonization. On the one hand, the abandonment of effectiveness may have facilitated the recognition of the new African States, but on the other it did lead to the creation of States that were essentially powerless: some of which became utter failures. Written in a style both provocative and unorthodox and using convincing arguments, this study casts doubt on some of the most sacred principles of the modern doctrine of international law. It establishes that the declaratory theory of recognition cannot satisfactorily explain the continuing existence of failed States. It also demonstrates that the principled assertion of the right to self-determination as the basis for independence in Africa has turned the notion of sovereignty into a formal-legal figment without substance. This book is a plea for more realism in international law. Pensive pessimists in the tradition of Hobbes will probably love it. Idealists in the tradition of Grotius may hate it, but they will find it very difficult to reject its conclusions.
Using the events of the Constitution's Bicentennial from 1987 to 1991 as a case study, Representing Popular Sovereignty explores the contradiction between the Constitution's importance as a political document and its weakness as a symbol in American popular culture.
Islamist thinkers used to debate the doctrine of the caliphate of man, which holds that God is sovereign but has appointed the multitude of believers as His vicegerent. Andrew March argues that the doctrine underpins a democratic vision of popular rule over governments and clerics. But is this an ideal regime destined to survive only in theory?
Analyzing the "democratic" features and institutions of the Athenian democracy in the fifth century B.C., Martin Ostwald traces their development from Solon's judicial reforms to the flowering of popular sovereignty, when the people assumed the right both to enact all legislation and to hold magistrates accountable for implementing what had been enacted.
In 2011, the United Nations Security Council adopted Resolution 1973, authorizing its member states to take measures to protect Libyan civilians from Muammar Gadhafi’s forces. In invoking the “responsibility to protect,” the resolution draws on the principle that sovereign states are responsible and accountable to the international community for the protection of their populations and that the international community can act to protect populations when national authorities fail to do so. The idea that sovereignty includes the responsibility to protect is often seen as a departure from the classic definition, but it actually has deep historical roots. In Sovereignty and the Responsibility to Protect, Luke Glanville argues that this responsibility extends back to the sixteenth and seventeenth centuries, and that states have since been accountable for this responsibility to God, the people, and the international community. Over time, the right to national self-governance came to take priority over the protection of individual liberties, but the noninterventionist understanding of sovereignty was only firmly established in the twentieth century, and it remained for only a few decades before it was challenged by renewed claims that sovereigns are responsible for protection. Glanville traces the relationship between sovereignty and responsibility from the early modern period to the present day, and offers a new history with profound implications for the present.
How partisan politics lead to the Civil War What brought about the Civil War? Leading historian Michael F. Holt convincingly offers a disturbingly contemporary answer: partisan politics. In this brilliant and succinct book, Holt distills a lifetime of scholarship to demonstrate that secession and war did not arise from two irreconcilable economies any more than from moral objections to slavery. Short-sighted politicians were to blame. Rarely looking beyond the next election, the two dominant political parties used the emotionally charged and largely chimerical issue of slavery's extension westward to pursue reelection and settle political scores, all the while inexorably dragging the nation towards disunion. Despite the majority opinion (held in both the North and South) that slavery could never flourish in the areas that sparked the most contention from 1845 to 1861-the Mexican Cession, Oregon, and Kansas-politicians in Washington, especially members of Congress, realized the partisan value of the issue and acted on short-term political calculations with minimal regard for sectional comity. War was the result. Including select speeches by Lincoln and others, The Fate of Their Country openly challenges us to rethink a seminal moment in America's history.
This translation into English of the leading German-language work on the Federal Constitutional Court gives an overview of the court's history and role as one of the most influential constitutional courts in recent years. The book consists of four extended, free-standing essays written by each of the authors. The essays cover the historical development and political context of the Court; the Court and the constitution; the Court's approach to judicial reasoning; and the Court in contemporary constitutional theory.