Nullification And Secession In Modern Constitutional Thought

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Nullification and Secession in Modern Constitutional Thought

Sanford Levinson
Nullification and Secession in Modern Constitutional Thought Book PDF

Author : Sanford Levinson
Publisher : University Press of Kansas
Page : 384 pages
File Size : 46,6 Mb
Release : 2016-09-09
Category : Political Science
ISBN : 9780700622993

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Nullification and Secession in Modern Constitutional Thought by Sanford Levinson Pdf

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.

Constitutional Democracy in Crisis?

Mark A. Graber,Sanford Levinson,Mark Tushnet
Constitutional Democracy in Crisis Book PDF

Author : Mark A. Graber,Sanford Levinson,Mark Tushnet
Publisher : Oxford University Press
Page : 352 pages
File Size : 43,5 Mb
Release : 2018-08-23
Category : Law
ISBN : 9780190889005

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Constitutional Democracy in Crisis? by Mark A. Graber,Sanford Levinson,Mark Tushnet Pdf

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."

Processes of Constitutional Decisionmaking

Sanford Levinson,Jack M. Balkin,Akhil Reed Amar,Reva B. Siegel,Cristina M. Rodriguez
Processes of Constitutional Decisionmaking Book PDF

Author : Sanford Levinson,Jack M. Balkin,Akhil Reed Amar,Reva B. Siegel,Cristina M. Rodriguez
Publisher : Aspen Publishing
Page : 2338 pages
File Size : 50,6 Mb
Release : 2022-01-31
Category : Law
ISBN : 9781543838565

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Processes of Constitutional Decisionmaking by Sanford Levinson,Jack M. Balkin,Akhil Reed Amar,Reva B. Siegel,Cristina M. Rodriguez Pdf

Processes of Constitutional Decisionmaking: Cases and Materials, Eighth Edition

Processes of Constitutional Decisionmaking

Paul Brest,Sanford Levinson,Jack M. Balkin,Akhil Reed Amar,Reva B. Siegel
Processes of Constitutional Decisionmaking Book PDF

Author : Paul Brest,Sanford Levinson,Jack M. Balkin,Akhil Reed Amar,Reva B. Siegel
Publisher : Aspen Publishing
Page : 2117 pages
File Size : 54,5 Mb
Release : 2018-02-22
Category : Law
ISBN : 9781454897613

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Processes of Constitutional Decisionmaking by Paul Brest,Sanford Levinson,Jack M. Balkin,Akhil Reed Amar,Reva B. Siegel Pdf

The purchase of this ebook edition does not entitle you to receive access to the Connected eBook with Study Center on CasebookConnect. You will need to purchase a new print book to get access to the full experience, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. In Processes of Constitutional Decisionmaking, an extraordinary team of authors traces the historical, political, and social development of constitutional law. Students will consider constitutional questions in a broad historical context, with cutting-edge insights from contemporary scholars. This book has been updated to include all new developments in the field, and delivers strong chapters on the constitutional treatment of sex equality, race, civil rights, separation of powers, and federalism. Key Features: Coverage of recent cases and materials including: Obergefell v. Hodges - Same-Sex Marriage Whole Woman’s Health v. Hellerstedt – Abortion Regulation Zivotofsky v. Kerry – Presidential Power Fisher v. University of Texas – Affirmative Action New Discussion of Cooperative Federalism Sessions v. Morales–Santana – Sex Equality

Constitutional Law and Politics of Secession

Antoni Abat i Ninet
Constitutional Law and Politics of Secession Book PDF

Author : Antoni Abat i Ninet
Publisher : Taylor & Francis
Page : 283 pages
File Size : 49,9 Mb
Release : 2023-07-31
Category : Law
ISBN : 9781000919318

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Constitutional Law and Politics of Secession by Antoni Abat i Ninet Pdf

This collection presents an analysis of the concept of secession and its constitutional accommodation alongside an assessment of the effects of secession in constitutional and international law. The work proposes a new approach and insights into the existing literature that fill a gap from multidisciplinary and transdisciplinary perspectives. The book approaches the topics of secession, constitutionalism, and their relationship from both theoretical and empirical perspectives, including the analysis of particular secessionist examples, such as Catalonia, the Basque Country, Tigray, the Palestinian minority in Israel, Bosnia and Herzegovina, and the Mapuche Nation, from a comparative constitutional perspective. Elucidating these issues from different methodological and conceptual perspectives produces novelties in the scientific and constitutional debate. The interplay between constitutions, constitutional law, and secession is indeed explored from philosophical, socio-legal, but also from strict constitutional law outlooks. Written by constitutional and public international law experts, the book will be of interest to students, academics, and researchers working in the areas of constitutional law, legal theory, theory of the state, philosophy of law, and political science.

The Constitutional Origins of the American Civil War

Michael F. Conlin
The Constitutional Origins of the American Civil War Book PDF

Author : Michael F. Conlin
Publisher : Cambridge University Press
Page : 351 pages
File Size : 44,8 Mb
Release : 2019-07-18
Category : History
ISBN : 9781108495271

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The Constitutional Origins of the American Civil War by Michael F. Conlin Pdf

Demonstrates the crucial role that the Constitution played in the coming of the Civil War.

We Are Not One People

Michael J. Lee,R. Jarrod Atchison
We Are Not One People Book PDF

Author : Michael J. Lee,R. Jarrod Atchison
Publisher : Oxford University Press
Page : 305 pages
File Size : 49,7 Mb
Release : 2022
Category : National characteristics, American
ISBN : 9780190876500

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We Are Not One People by Michael J. Lee,R. Jarrod Atchison Pdf

Bands, bonds, and affections -- Secession all the way down : libertarians opt out -- "A slave republic" : secession and southern slavery -- White devils and Black separatists -- "Dykes first" : lesbian separatism in America -- Exodus as secession : achieving God's terrestrial kingdom.

The Invisible Constitution in Comparative Perspective

Rosalind Dixon,Adrienne Stone
The Invisible Constitution in Comparative Perspective Book PDF

Author : Rosalind Dixon,Adrienne Stone
Publisher : Cambridge University Press
Page : 595 pages
File Size : 52,7 Mb
Release : 2018-11-08
Category : Law
ISBN : 9781108417570

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The Invisible Constitution in Comparative Perspective by Rosalind Dixon,Adrienne Stone Pdf

Constitutions worldwide inevitably have 'invisible' features: they have silences and lacunae, unwritten or conventional underpinnings, and social and political dimensions not apparent to certain observers. This contributed volume will help its wide audience including scholars, students, and practitioners understand the dimensions to contemporary constitutions, and their role in the interpretation, legitimacy and stability of different constitutional systems.

Territory and Power in Constitutional Transitions

George Anderson,Sujit Choudhry
Territory and Power in Constitutional Transitions Book PDF

Author : George Anderson,Sujit Choudhry
Publisher : Oxford University Press
Page : 464 pages
File Size : 44,6 Mb
Release : 2019-03-07
Category : Law
ISBN : 9780192573605

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Territory and Power in Constitutional Transitions by George Anderson,Sujit Choudhry Pdf

This collection of essays surveys the full range of challenges that territorial conflicts pose for constitution-making processes and constitutional design. It provides seventeen in-depth case studies of countries going through periods of intense constitutional engagement in a variety of contexts: small distinct territories, bi-communal countries, highly diverse countries with many politically salient regions, and countries where territorial politics is important but secondary to other bases for political mobilization. Specific examples are drawn from Iraq, Kenya, Cyprus, Nigeria, South Africa, Sri Lanka, the UK (Scotland), Ukraine, Bolivia, India, Spain, Yemen, Nepal, Ethiopia, Indonesia (Aceh), the Philippines (Mindanao), and Bosnia-Herzegovina. While the volume draws significant normative conclusions, it is based on a realist view of the complexity of territorial and other political cleavages (the country's "political geometry"), and the power configurations that lead into periods of constitutional engagement. Thematic chapters on constitution-making processes and constitutional design draw original conclusions from the comparative analysis of the case studies and relate these to the existing literature, both in political science and comparative constitutional law. This volume is essential reading for scholars of federalism, consociational power-sharing arrangements, asymmetrical devolution, and devolution more generally. The combination of in-depth case studies and broad thematic analysis allows for analytical and normative conclusions that will be of major relevance to practitioners and advisors engaged in constitutional design.

American Secession

F.H. Buckley
American Secession Book PDF

Author : F.H. Buckley
Publisher : Encounter Books
Page : 152 pages
File Size : 42,5 Mb
Release : 2020-01-14
Category : Political Science
ISBN : 9781641770811

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American Secession by F.H. Buckley Pdf

Americans have never been more divided, and we’re ripe for a breakup. The bitter partisan animosities, the legislative gridlock, the growing acceptance of violence in the name of political virtue—it all invites us to think that we’d be happier were we two different countries. In all the ways that matter, save for the naked force of law, we are already two nations. There’s another reason why secession beckons, says F.H. Buckley: we’re too big. In population and area, the United States is one of the biggest countries in the world, and American Secession provides data showing that smaller countries are happier and less corrupt. They’re less inclined to throw their weight around militarily, and they’re freer too. There are advantages to bigness, certainly, but the costs exceed the benefits. On many counts, bigness is badness. Across the world, large countries are staring down secession movements. Many have already split apart. Do we imagine that we, almost alone in the world, are immune? We had a civil war to prevent a secession, and we’re tempted to see that terrible precedent as proof against another effort. This book explodes that comforting belief and shows just how easy it would be for a state to exit the Union if that’s what its voters wanted. But if that isn’t what we really want, Buckley proposes another option, a kind of Secession Lite, that could heal our divisions while allowing us to keep our identity as Americans.

Splitsville USA

Christopher F. Zurn
Splitsville USA Book PDF

Author : Christopher F. Zurn
Publisher : Taylor & Francis
Page : 133 pages
File Size : 52,5 Mb
Release : 2023-05-31
Category : Political Science
ISBN : 9781000875935

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Splitsville USA by Christopher F. Zurn Pdf

Splitsville USA argues that it’s time for us to break up to save representative democracy, proposing a mutually negotiated, peaceful dissolution of the current United States into several new nations. Zurn begins by examining the United States’ democratic predicament, a road most likely headed for electoral authoritarianism, with distinct possibilities of ungovernability and violent civil strife. Unlike others who share this diagnosis, Zurn presents a realistic picture of how we can get to reform and what it would involve. It is argued that “Splitsville” represents the most plausible way for American citizens to continue living under a republican form of government. Despite recent talk of secession and civil war, this book offers the most extensive treatment yet of the issues we need to think through to enable a peacefully negotiated political divorce. Splitsville USA is a provocative conversation opener about the problems that have gotten us into our current political pickle and how to get out of it by seizing the reins of our own constitutional destiny. The book will appeal to readers of political science, American politics, history, political philosophy and law, along with all general readers interested in the future of democracy in the United States.

Rights Reign Supreme

James M. Masnov
Rights Reign Supreme Book PDF

Author : James M. Masnov
Publisher : McFarland
Page : 253 pages
File Size : 43,7 Mb
Release : 2023-03-06
Category : Political Science
ISBN : 9781476648255

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Rights Reign Supreme by James M. Masnov Pdf

Judicial review--the power of the United States Supreme Court to nullify unconstitutional laws--has been attacked and celebrated. The Court's authority has become even more significant over the past century as it has grown to occupy a more central role in the lives of Americans. The result has been for politicians of both major political parties (as well as scholars) to decry the antidemocratic nature of the judicial power. This book argues that judicial review ensures the survival of the republic, outlining the Court's responsibilities as an instrument of rights theory and its history of defending the principles established during the American founding that assert the primacy of certain inherent rights. Centering on the power of judicial review, chapters detail the Court's reputation as a steward of the Constitution, protecting the rights of the people against the encroachments of the executive and legislative branches--and against the fleeting passions of the people.

Creating a More Perfect Slaveholders' Union

Peter Radan
Creating a More Perfect Slaveholders Union Book PDF

Author : Peter Radan
Publisher : University Press of Kansas
Page : 452 pages
File Size : 52,7 Mb
Release : 2023-10-27
Category : Law
ISBN : 9780700635801

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Creating a More Perfect Slaveholders' Union by Peter Radan Pdf

In Texas v. White (1869), the Supreme Court ruled that the unilateral secession of a state from the Union was unconstitutional because the Constitution created “an indestructible Union, composed of indestructible States.” The Court ruled “there was no place for reconsideration, or revocation, except through revolution, or through consent of the States.” In his iconoclastic work, Peter Radan demonstrates why the Court’s ruling was wrong and why, on the basis of American constitutional law in 1860–1861, the unilateral secessions of the Confederate states were lawful on the grounds that the United States was forged as a “slaveholders’ Union. Creating a More Perfect Slaveholders’ Union addresses two constitutional issues: first, whether the states in 1860 had a right to secede from the Union, and second, what significance slavery had in defining the constitutional Union. These two matters came together when the states seceded on the grounds that the system of government they had agreed to—namely, a system of human enslavement—had been violated by the incoming Republican administration. The legitimacy of this secession was anchored, as Radan demonstrates, in the compact theory of the Constitution, which held that because the Constitution was a compact between the member states of the Union, breaches of its fundamental provisions gave affected states the right to unilaterally secede from the Union. In so doing the Confederate states sought to preserve and protect their peculiar institution by forming a more perfect slaveholders’ Union. Creating a More Perfect Slaveholders’ Union stands as the first and only systematic analysis of the legal arguments mounted for and against secession in 1860–1861 and reshapes how we understand the Civil War and, consequently, the history of the United States more generally.

Monitoring American Federalism

Christian G. Fritz
Monitoring American Federalism Book PDF

Author : Christian G. Fritz
Publisher : Cambridge University Press
Page : 425 pages
File Size : 41,7 Mb
Release : 2023-01-26
Category : History
ISBN : 9781009325592

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Monitoring American Federalism by Christian G. Fritz Pdf

Monitoring American Federalism examines some of the nation's most significant controversies in which state legislatures have attempted to be active partners in the process of constitutional decision-making. Christian G. Fritz looks at interposition, which is the practice of states opposing federal government decisions that were deemed unconstitutional. Interposition became a much-used constitutional tool to monitor the federal government and organize resistance, beginning with the Constitution's ratification and continuing through the present affecting issues including gun control, immigration and health care. Though the use of interposition was largely abandoned because of its association with nullification and the Civil War, recent interest reminds us that the federal government cannot run roughshod over states, and that states lack any legitimate power to nullify federal laws. Insightful and comprehensive, this appraisal of interposition breaks new ground in American political and constitutional history, and can help us preserve our constitutional system and democracy.

Sovereignty and the New Executive Authority

Claire Finkelstein,Michael Skerker
Sovereignty and the New Executive Authority Book PDF

Author : Claire Finkelstein,Michael Skerker
Publisher : Oxford University Press
Page : 450 pages
File Size : 49,6 Mb
Release : 2018-10-05
Category : Law
ISBN : 9780190922559

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Sovereignty and the New Executive Authority by Claire Finkelstein,Michael Skerker Pdf

The idea of sovereignty and the debates that surround it are not merely of historical, academic, or legal interest: they are also potent, vibrant issues and as current and relevant as today's front page news in the United States and in other Western democracies. In the post- 9/11 United States, the growth of the national security state has resulted in a growing struggle to maintain the legal and ethical boundaries surrounding executive authority, boundaries that help to define and protect democratic governance. These post-9/11 developments and their effect on the scope of presidential power present hard questions and are fueling today's intense debates among political leaders, citizens, constitutional scholars, historians, and philosophers. This volume will contribute to the public conversation on the nature of executive authority and its relation to the broader topic of sovereignty in several ways. First, readers will learn that the current vital questions surrounding the nature of executive authority and presidential power have their intellectual roots in historical and philosophical writings about the nature of sovereignty. Second, sovereignty has historically been a complicated topic; this volume helps identify the terms of the debate. Third, and most critically, citizens' understanding of the concept of sovereignty is essential to grasping the available options for confronting current challenges to the rule of law in democratic societies. The volume's 15 essays, drawn from among the disciplines of law, political, science, philosophy, and international relations, covers an expansive series of topics, from historical theories and international affairs, to governmental transparency and legitimacy. The volume also focuses on the changes in the concept of sovereignty post-9/11 in the United States and their impact on democracy and the rule of law, particularly in the area of national security practice.