Description
Book SynopsisFederalismthe division of authority between the states and the federal governmentranks among the most important and lasting political and constitutional contributions of the American founders. Since the founding, however, Americans have engaged in a perpetual argument over federalism's proper structure and function. Arranged thematically and covering the entire span of American history, Debating Federalism: From the Founding to Today provides readers with the sources necessary to trace and understand this perennial debate. By examining the theoretical, polemical, political arguments as well as landmark Supreme Court cases, this collection reveals the continuing relevance and contentiousness of federalism in the American constitutional order.
Trade ReviewWell-selected and carefully edited. The readings in this excellent volume show how the drama of American politics has been motivated and made more pronounced by questions of sovereignty. 'Who shall rule' is a question too often given a rote, unthinking answer of 'the people,' without consideration of the important question 'which people?' Would it be the people of Virginia, or Massachusetts, or rather the people of the nation as a whole that would decide the fate of the United States? From civil rights to economic power, central questions of American identity and prosperity hinge on issues of state versus federal power—in short, on the state of our federalism. -- Bruce Frohnen, Ohio Northern University, historian and author of Virtue and the Promise of Conservatism
This is a highly useful collection for all students interested in American constitutional development. The documents are well-chosen to illustrate the peculiar ways Americans have thought about and applied the principle of federalism. The volume’s greatest strength is its wide historical scope combined with its more narrow thematic focus. It is strongly recommended. -- Jeffery J. Rogers, Gordon State College
Debating Federalism contains a cache of important primary sources from the sixteenth through the twenty-first centuries covering two of the oldest and most contested topics in American constitutionalism: federalism and sovereignty. From political treatises and pamphlets to speeches and court decisions, the documents reveal that constitutionalism is hardly the dry, dead subject many assume it to be. Aaron N. Coleman and Christopher S. Leskiw provide a learned introduction that speaks to both the past and present relevance of federalism and sovereignty to American history and political life. This book offers an excellent entry point for students and scholars to grapple with these foundational American concepts. -- Adam Tate, Clayton State University
Table of ContentsA Note on Documents and Editing Introduction Essay Part I: Sovereignty and Reserved Powers Jean Bodin, “On Sovereignty” Thomas Hobbes, Leviathan Montesquieu, Spirit of Laws Vattel, Law of Nations Blackstone’s Commentaries Declaratory Act Richard Bland, “Inquiry into the Rights of the British Colonies” Stephen Hopkins, “The Rights of the Colonies Examined” Alexander Hamilton, “The Farmer Refuted” “Articles of Confederation” Alexander Hamilton, “The Continentalist No. 1” 1783 Treaty of Peace Meriwether Smith, “Observations on the fourth and fifth articles of the Preliminaries” Virginia Plan New Jersey Plan James Wilson, “State House Speech” Federalist No. 10 Federalist No. 26 Federalist No. 39 Federalist No. 44 Brutus 1 Brutus 6 Samuel Adams to Richard Henry Lee, December 3, 1787 An Old Whig II Patrick Henry, Virginia Ratifying Convention Tenth Amendment Thomas Jefferson Opinion on the Constitutionality of a National Bank Alexander Hamilton Opinion on the Constitutionality of a National Bank Chisholm v. Georgia Eleventh Amendment The Kentucky Resolution The Virginia Resolution James Madison, "Report of 1800" McCulloch v. Maryland John Taylor of Caroline, New Views of the Constitution of the United States The Webster-Hayne Debate South Carolina, Ordinance of Nullification Andrew Jackson, "Proclamation Regarding Nullification" Andrew Jackson, Internal Improvements Veto Andrew Jackson Veto Message Regarding the Bank of the United States John C. Calhoun, A Discourse on the Constitution and Government of the United States Joseph Story, Commentaries on the Constitution of the United States Abel Upshur, A Brief Enquiry into the True Nature and Character of Our Federal Government Luther v. Borden Ordinances of Secession Abraham Lincoln, Message to Congress in Special Session Charles Sumner, State Suicide Resolutions Andrew Johnson, Veto of the First Reconstruction Act Texas v. White Woodrow Wilson, "The States and the Federal Government" Albert Beveridge, “Vitality of the American Constitution" Theodore Roosevelt, "New Nationalism" Democratic Party Platform 1912 Progressive Party Platform 1912 Herbert Croly, The Promise of American Life Missouri v. Holland Franklin Roosevelt, First Inaugural Address Franklin D. Roosevelt, Message to the Fifth Annual Women’s Conference Lyndon B. Johnson, “Great Society Speech” Richard Nixon, "Address to the Nation on Domestic Programs Ronald Reagan, First Inaugural Address Ronald Reagan, “Remarks in Atlanta, Georgia, at the Annual Convention of the National Conference of State Legislatures" New York v. US Printz, Sheriff/Coroner, Ravalli County, Montana v. United States William J. Clinton, Executive Order 13132 Arizona, et al., v. United States Tenth Amendment Resolutions Donald J. Trump, Executive Order Enforcing Statutory Prohibitions on Federal Control of Education Part II: Civil Liberties Barron v. Baltimore Civil Rights Act of 1866 Andrew Johnson, Veto of the Civil Rights Act 14th Amendment (Ratified, 1868) Platform of the States Rights Democratic Party (Dixiecrats), 1948 Southern Manifesto Brown v. Board of Education of Topeka Eisenhower, “Remarks on Little Rock” Cooper v. Aaron George Wallace, “Segregation Now, Segregation Forever” Heart of Atlanta Motel, Inc. v. United States Katzenbach v. McClung Griswold v. Connecticut Loving v. Virginia Roe v. Wade Planned Parenthood of Southeastern Pennsylvania et al. v. Casey Obergefell v. Hodges Part III: Commerce Clause Gibbons v. Ogden, (1824) United States v. E. C. Knight Co., (1895) Hammer v. Dagenhart (1918) A.L. A. Schechter Poultry Corp. v. United States, (1935) NLRB v. Jones & Laughlin Steel Corp.(1937) United States v. Darby, (1941) Wickard v. Filburn, (1942) US v. Lopez, (1995) United States v. Morrison, (2000) Gonzales v. Raich (2005) Part IV: Incorporation Preamble to the Bill of Rights 1791 Near v. Minnesota DeJonge v. Oregon Everson v. Board of Education Edwards v. South Carolina United States v. Cruikshank, (1875) Presser v. Illinois Hamilton v. Regents of University of California United States v. Miller McDonald v. Chicago Mapp v. Ohio Chicago, B. & Q. R. Co. v. Chicago Malloy v. Hogan Benton v. Maryland In re Oliver Gideon v. Wainwright Pointer v. Texas Parker v. Gladden Klopfer v. North Carolina Washington v. Texas Minneapolis & St. Louis R. Co. v. Bombolis Robinson v. Carifornia Schilb v. Kuebel
