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The University of Akron Press
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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.

Table of Contents

  1. Cover
  2. pp. 1-1
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  1. Title Page, Copyright, Dedication
  2. pp. iii-v
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  1. Contents
  2. pp. vii-viii
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  1. Contributors
  2. pp. ix-x
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  1. Acknowledgements
  2. pp. xi-xi
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  1. Introduction
  2. pp. 1-10
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  1. I. James Madison’s Views
  2. pp. 11-11
  1. 1. “A Real Nondescript”James Madison’s Thoughts on States’ Rights and Federalism
  2. pp. 13-29
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  1. 2. James Madison and the Constitution’s “Convention for Proposing Amendments”
  2. pp. 30-47
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  1. II. Antebellum Arguments
  2. pp. 49-49
  1. 3. States’ Rights, Southern Hypocrisy,and the Crisis of the Union
  2. pp. 51-79
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  1. 4. Still Too Close to Call?
  2. pp. 80-87
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  1. 5. Secession and Breach of Compact
  2. pp. 88-110
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  1. 6. William Rawle and Secession
  2. pp. 111-126
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  1. III. Impact of the 14th Amendment
  2. pp. 127-127
  1. 7. The 14th Amendment and the Unconstitutionality of Secession
  2. pp. 129-161
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  1. IV. Contemporary Views of Interposition, Nullification,and Secession
  2. pp. 163-163
  1. 8. Interposition
  2. pp. 165-203
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  1. 9. Originalism’s Limits
  2. pp. 204-234
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  1. V. Critical Views of Federalism,States’ Rights, and Memories of Secession
  2. pp. 235-235
  1. 10. Union and States’ Rights 150Years after Sumter
  2. pp. 237-259
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  1. 11 Remembering Our Second Revolution
  2. pp. 260-285
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  1. Index
  2. pp. 287-299
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Additional Information

ISBN
9781937378394
Print ISBN
9781937378134
MARC Record
OCLC
864756668
Launched on MUSE
2013-10-21
Language
English
Open Access
N
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