Nullification And Secession In Modern Constitutional Thought

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.

Edited by Neil H. Cogan, who is a well-versed legal scholar of constitutional law, civil rights, and civil and criminal procedures, this volume is a collection of papers on a central issue of governance in the United States; namely, what is the power of the States to object to and cancel Federal law with which they disagree. For eighty-one years, from the ratification of the Constitution to the end of the Civil War, this issue of State power was the central issue of governance. Chapters address the history and legal arguments for three assertions of such State power: interposition, nullification, and secession. Scholars approach the assertions from the perspective of the original understanding of the Union; the antebellum arguments against the assertion of Federal power and in favor of concerted action; and contemporary viewpoints. Although both interposition and nullification were disruptive to the concept of union, the act of secession was an almost fatal assertion of State power against the Union. Now, 150 years after South Carolina's secession from the Union, it is appropriate to reconsider the arguments made for interposition, nullification, and secession. Currently In several states, nullification measures are before the legislatures. During the recent Texas Gubernatorial campaign, secession was discussed by two of the major candidates. The Tea Party Movement is reflective of a broader movement to limit Federal intervention in State matters. The publication of this collection provides an intelligent voice to the national debate.

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1893 edition. Excerpt: ... CHAPTER VI. CALHOUN, JACKSON, AND NATIONAL GOVERNMENT. In 1811, John C. Calhoun of South Carolina, a young man not of the age of thirty years, took his seat as a member of the national House of Representatives, and at once became a leader in public affairs. He was one of the Committee on Foreign Relations. On the I2th of December he said what was the road the nation should tread " to make it great and to produce in this country not the form but the real spirit of union."1 In March, 1815, he voted for a high tariff and said: " He believed the policy of the country required protection to our manufacturing establishments." a He also reported the bill to incorporate a United States Bank, and supported it in a speech on its constitutionality.' Webster, on the contrary, opposed the tariff bills, not however on the ground of their unconstitutionality. In December, 1816, Calhoun moved " that a committee be appointed to inquire into the expediency of setting apart a permanent fund for internal improvement "; on December 23d, he reported a bill setting aside the bonus paid by the United States Bank, $1,500,000 and future dividends from bank stock, "as a fund for constructing roads and canals."' In his speech supporting it he said: " that the extent of our republic exposes us to the greatest of all calamities, next to the loss of liberty, and even to that in its consequences, disunion." "Probably not more than twenty-five or thirty members, in the total number of one hundred and seventy, regarded the constitutional difficulty as fatal to the bill. " * Madison, however, consistent and persistent in his strict construction of the Constitution, vetoed it. 1 H. Adams, vol. vi, p. 143. * II. Adams, vol. ix., p. 115. Annals of Congress, 18151816, p....

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.

Excerpt from Nullification, Secession, Webster's Argument: And the Kentucky and Virginia Resolutions, Considered in Reference to the Constitution and Historically The nation, as Pallas Athene full grown and armed from the brain of Zeus, sprang to life from the Constitution with the sovereign authority necessary for its existence ahd the power to enforce its rule. In the beginning there was no debate, no question of its nation ality. The early commentators on the Consti tution (and Story wrote three volumes upon that matter) did not even mention that there was a doubt of it. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.