Monitoring American federalism : the history of state legislative resistance / Christian G. Fritz.
2023
KF4600 .F76 2023 (Mapit)
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Details
Title
Monitoring American federalism : the history of state legislative resistance / Christian G. Fritz.
Imprint
Cambridge, United Kingdom ; New York, NY, USA : Cambridge University Press, 2023.
Copyright
©2023
Description
xi, 411 pages ; 24 cm.
Series
Studies in legal history.
Formatted Contents Note
Introduction
The riddle of federalism and the genesis of interposition
Early state use of interposition : testing the powers of the new national government
State interposition and debates over the meaning of the Constitution
The Virginia and Kentucky Resolutions and Madison's report of 1800
State interposition during the Jefferson and Madison presidencies
State challenges to the Supreme Court's control over constitutional interpretation
The transformation of interposition : the theory of nullification emerges
State interposition and nullification on the path to secession
State interposition during and after the Civil War
Modern interposition by states and "nullification".
The riddle of federalism and the genesis of interposition
Early state use of interposition : testing the powers of the new national government
State interposition and debates over the meaning of the Constitution
The Virginia and Kentucky Resolutions and Madison's report of 1800
State interposition during the Jefferson and Madison presidencies
State challenges to the Supreme Court's control over constitutional interpretation
The transformation of interposition : the theory of nullification emerges
State interposition and nullification on the path to secession
State interposition during and after the Civil War
Modern interposition by states and "nullification".
Summary
"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 healthcare. 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" -- Dust jacket.
Bibliography, etc. Note
Includes bibliographical references and index.
Available in Other Form
Call Number
KF4600 .F76 2023
Language
English
ISBN
1009325574 (hardcover)
9781009325578 (hardcover)
9781009325585 (PDF ebook)
9781009325608 (ebook)
9781009325578 (hardcover)
9781009325585 (PDF ebook)
9781009325608 (ebook)
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