States' Rights and American Federalism: A Documentary History / Edition 1

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Overview

The debate over states' rights versus federalism in America is one that has raged since our country's founding. Arguments over the interpretation of the Constitution and the meaning of power and its distribution among the states' governments echoes in governmental chambers even today. Students can trace the history and development of issues surrounding this debate, as well as the reactions to them, through this unique and comprehensive collection of over 65 primary documents. Court cases, opinion pieces, speeches and many other documents bring to life the controversies surrounding the debate. Explanatory introductions to documents aid users in understanding the various arguments put forth in deliberations over different governmental matters, while illuminating the significance of each document.

Drake and Nelson trace the origins and changes in the nature of states' rights and American federalism using carefully chosen documents to reflect the fact that the tension and interaction between the states' governments and the national government define the ideals and provide the means for realistic achievement of these ideals. Documents can be easily accessed through five different sections, each section exploring a specific period in history and contributing to the understanding of the debate. The introductory and explanatory text help readers understand the nature of the conflicts, the issues being contested, the social and cultural pressures that shaped each debate, and the manner in which the passions of individual government officials, justices, and our presidents affected the development of policies concerning states' rights and federalism.

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Editorial Reviews

Booknews
Seventy-two documents, each briefly introduced, are arranged in chronological sections beginning with the American founding era (1620- 1789) and continuing through the period 1789-1835 during which the Tenth Amendment was debated, the Antebellum period and the Civil War, the Civil War to the New Deal (1940), and the New Deal to the present. The selections are presented in full, unless very long, and include Supreme Court and lower court decisions, speeches, letters, position papers, news stories, statutes. Bringing out important themes and setting the historical context, the editors supply a general introduction, a chronology, introductions to each section, and a conclusion. Annotation c. Book News, Inc., Portland, OR (booknews.com)
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Product Details

Meet the Author

FREDERICK D. DRAKE is Assistant Professor of History and Director of Undergraduate Programs in History and Social Science Education at Illinois State University.

LYNN R. NELSON is Associate Professor of Social Studies Education and Director of the James F. Ackerman Center for Democratic Citizenship at Purdue University.

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Table of Contents

Series Foreword
Introduction
Chronology of Key Events in States' Rights and American Federalism
Pt. I States' Rights and American Federalism in the American Founding Era, 1620-1789 1
Document 1 The Mayflower Compact, 1620 12
Document 2 The Fundamental Orders of Connecticut, 1639 13
Document 3 Organization of the Government of Rhode Island, March 16-19, 1642 16
Document 4 On Liberty, 1645 17
Document 5 Penn's Plan of Union, 1697 19
Document 6 Albany Plan of Union, 1754 21
Document 7 Declarations of the Stamp Act Congress, October 2, 1765 23
Document 8 From a Farmer in Pennsylvania to the Inhabitants of the British Colonies, Letter II, 1767 24
Document 9 Thoughts on Government, Letter of John Adams, January 1776 26
Document 10 Unanimous Declaration of the Thirteen United States of America, July 1776 31
Document 11 In Defense of State Sovereignty, Thomas Burke, 1777 35
Document 12 James Madison's "Vices of the Political System," April 1787 37
Document 13 The Virginia Plan Presented to the Federal Convention, May 29, 1787 44
Document 14 John Dickinson of Delaware on Federalism at the Constitutional Convention, June 7, 1787 46
Document 15 The New Jersey Plan Presented to the Federal Convention, June 15, 1787 48
Document 16 James Madison of Virginia Compares the Virginia and New Jersey Plans at the Constitutional Convention, June 19, 1787 50
Document 17 James Wilson of Pennsylvania on Federalism at the Constitutional Convention, June 25, 1787 53
Document 18 The Northwest Ordinance, July 13, 1787 55
Document 19 Federalist Number 10, Publius and the Extended Republic, November 22, 1787 59
Document 20 Agrippa Writes a Letter to the People in Opposition to an Extended Republic and the Constitution of the United States, December 3, 1787 65
Pt. II Federalism and the Meaning of the Tenth Amendment, 1789-1835 67
Document 21 George Mason's Objections to the Proposed Constitution, October 1, 1787 73
Document 22 James Madison's Proposal to Congress for a Bill of Rights, June 8, 1789 74
Document 23 The Sedition Act, July 14, 1798 79
Document 24 The Kentucky Resolutions, November 16, 1798 81
Document 25 United States v. Peters, 1809 86
Document 26 Report and Resolutions of the Hartford Convention, January 1815 89
Document 27 Barron v. Baltimore (1833) 91
Pt. III States' Rights in the Antebellum Period and the Civil War, 1828-1865 95
Document 28 Liberty and Union, Now and Forever, One and Inseparable, January 1830 101
Document 29 John C. Calhoun's Fort Hill Address, 1831 104
Document 30 John C. Calhoun against the Force Bill, February 15, 1833 105
Document 31 Andrew Jackson's Second Inaugural Address, March 4, 1833 107
Document 32 Abraham Lincoln's Address before the Young Men's Lyceum of Springfield, Illinois, January 27, 1838 109
Document 33 The Seventh of March Speech: Daniel Webster and the Compromise of 1850 112
Document 34 John C. Calhoun, the Compromise of 1850, and State Autonomy, First Session of Congress, 1850 114
Document 35 William H. Seward, the Compromise of 1850, and an Appeal to a Higher Law, First Session of Congress, 1850 118
Document 36 William H. Seward and the Declaration of Independence: An Appeal to Higher Law, 1856 121
Document 37 Dred Scott v. Sandford (1857): Roger B. Taney and States' Rights 123
Document 38 James Buchanan's Fourth Annual Message: States and Withdrawal from the Union, December 3, 1860 125
Document 39 Resolutions of Secession: Mississippi (January 11, 1861), South Carolina (December 20, 1860), and Virginia (April 17, 1861) 127
Document 40 Abraham Lincoln's First Inaugural Address, March 4, 1861 132
Document 41 The Emancipation Proclamation, January 1, 1863 135
Pt. IV Changes Involving States' Rights and Federalism from the Civil War to the New Deal, 1865-1940 139
Document 42 Women's Suffrage Petition to Congress, December 1871 147
Document 43 Booker T. Washington, Atlanta Exposition Address, 1895 149
Document 44 An Episcopal Priest Challenges Enforcement of the Fourteenth Amendment, 1905 151
Document 45 Theodore Roosevelt on Lincoln and the Race Problem, February 13, 1905 155
Document 46 Elihu Root Calls for the Preservation of Local Self-Government of the States, December 12, 1906 157
Document 47 Wilson Rejects the Old Ideal of Limited Government, October 30, 1909 159
Document 48 Woodrow Wilson's New Freedom Changes the Old Order, 1913 160
Document 49 Kate Gordon's Letter to the Governors of the Southern States, 1913 162
Document 50 Petition from Women Voters, Anti-Suffrage Party of New York, 1917 163
Document 51 State of Tennessee Approves Nineteenth Amendment, August 1920 164
Document 52 President Calvin Coolidge on the Responsibilities of the States, May 30, 1925 165
Document 53 President Calvin Coolidge's Fourth Annual State of the Union Message, December 7, 1926 166
Document 54 Herbert C. Hoover's Fourth Annual State of the Union Message, December 6, 1932 167
Document 55 FDR's First Inaugural Address, March 4, 1933 169
Pt. V States' Rights and American Federalism from the New Deal to the Present, 1940-1999 173
Document 56 Governor Fielding Wright of Mississippi, Statement to Democratic Party Leaders, January 1948 181
Document 57 The Civil Rights Message of Harry S. Truman to the U.S. Congress, February 2, 1948 185
Document 58 Governor J. Strom Thurmond of South Carolina Speaks to Southern Governors, February 7, 1948 190
Document 59 States' Rights Platform of 1948, Southern Democratic Convention, Birmingham, Alabama, July 17, 1948 193
Document 60 Eisenhower's First Annual Message to the Congress on the State of the Union, February 2, 1953 196
Document 61 President Eisenhower Writes South Carolina Governor James F. Byrnes, August 14, 1953 197
Document 62 Brown v. Board of Education of Topeka (1954) 199
Document 63 The Southern Manifesto, 1956 203
Document 64 President Johnson Urges Enactment of the Voting Rights Act of 1965 205
Document 65 U.S. Commissioner of Education Harold Howe II on the Relationship of the Federal Government to State and Local Education, December 17, 1966 206
Document 66 A Journalist Reports on the Effects of the 1964 Civil Rights Act, January 12, 1967 207
Document 67 Press Interview with George Wallace, 1968 208
Document 68 Reagan Resurrects States' Rights, January 1981 211
Document 69 Contract with America, 1994 213
Document 70 The Devolution Tortoise and the Centralization Hare: The Slow Process in Down-Sizing Big Government, 1998 216
Document 71 U.S. Supreme Court Expands States' Rights 218
Document 72 Minority Opinion Challenges State Immunity from Law Suit 221
Pt. VI Conclusion 223
Index 225
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