The Fallacies of States' Rights
Jan 2013 · Harvard University Press
I-Ebook
256
Amakhasi
reportIzilinganiso nezibuyekezo aziqinisekisiwe Funda Kabanzi
Mayelana nale ebook
The idea that “states’ rights” restrain national power is riding high in American judicial and popular opinion. Here, Sotirios A. Barber shows how arguments for states’ rights, from the days of John C. Calhoun to the present, have offended common sense, logic, and bedrock constitutional principles.
To begin with, states’ rights federalism cannot possibly win the debate with national federalism owing to the very forum in which the requisite argument must occur—a national one, thanks to the Civil War—and the ordinary rules of practical argumentation. Further, the political consequences of this self-defeating logic can only hasten the loss of American sovereignty to international economic forces. Both philosophical and practical reasons compel us to consider two historical alternatives to states’ rights federalism. In the federalism of John Marshall, the nation’s most renowned jurist, the national government’s duty to ensure security, prosperity, and other legitimate national ends must take precedence over all conflicting exercises of state power. In “process” federalism, the Constitution protects the states by securing their roles in national policy making and other national decisions. Barber opts for Marshall’s federalism, but the contest is close, and his analysis takes the debate into new, fertile territory.
Affirming the fundamental importance of the Preamble, Barber advocates a conception of the Constitution as a charter of positive benefits for the nation. It is not, in his view, a contract among weak separate sovereigns whose primary function is to protect people from the central government, when there are greater dangers to confront.
To begin with, states’ rights federalism cannot possibly win the debate with national federalism owing to the very forum in which the requisite argument must occur—a national one, thanks to the Civil War—and the ordinary rules of practical argumentation. Further, the political consequences of this self-defeating logic can only hasten the loss of American sovereignty to international economic forces. Both philosophical and practical reasons compel us to consider two historical alternatives to states’ rights federalism. In the federalism of John Marshall, the nation’s most renowned jurist, the national government’s duty to ensure security, prosperity, and other legitimate national ends must take precedence over all conflicting exercises of state power. In “process” federalism, the Constitution protects the states by securing their roles in national policy making and other national decisions. Barber opts for Marshall’s federalism, but the contest is close, and his analysis takes the debate into new, fertile territory.
Affirming the fundamental importance of the Preamble, Barber advocates a conception of the Constitution as a charter of positive benefits for the nation. It is not, in his view, a contract among weak separate sovereigns whose primary function is to protect people from the central government, when there are greater dangers to confront.
Nikeza le ebook isilinganiso
Sitshele ukuthi ucabangani.
Ulwazi lokufunda
Amasmathifoni namathebulethi
Faka uhlelo lokusebenza lwe-Google Play Amabhuku lwe-Android ne-iPad/iPhone. Livunyelaniswa ngokuzenzakalela ne-akhawunti yakho liphinde likuvumele ukuthi ufunde uxhunywe ku-inthanethi noma ungaxhunyiwe noma ngabe ukuphi.
Amakhompyutha aphathekayo namakhompyutha
Ungalalela ama-audiobook athengwe ku-Google Play usebenzisa isiphequluli sewebhu sekhompuyutha yakho.
Ama-eReaders namanye amadivayisi
Ukuze ufunde kumadivayisi e-e-ink afana ne-Kobo eReaders, uzodinga ukudawuniloda ifayela futhi ulidlulisele kudivayisi yakho. Landela imiyalelo Yesikhungo Sosizo eningiliziwe ukuze udlulise amafayela kuma-eReader asekelwayo.
