The Fallacies of States' Rights [NOOK Book]

Overview

Barber shows how arguments for states’ rights from John C. Calhoun to the present offend common sense, logic, and bedrock constitutional principles. The Constitution is a charter of positive benefits, not a contract among separate sovereigns whose function is to protect people from the central government, when there are greater dangers to confront.
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The Fallacies of States' Rights

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Overview

Barber shows how arguments for states’ rights from John C. Calhoun to the present offend common sense, logic, and bedrock constitutional principles. The Constitution is a charter of positive benefits, not a contract among separate sovereigns whose function is to protect people from the central government, when there are greater dangers to confront.
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Editorial Reviews

Erwin Chemerinsky
States' rights arguments have been used throughout American history, from the opposition to the abolition of slavery, to the challenges to the Affordable Care Act. In a brilliant book, Barber shows that protecting states' rights neither has a constitutional foundation nor a basis in sound social policy.
Ken I. Kersch
The Fallacies of States' Rights is the work of a major constitutional theorist at the top of his game. The exposition is clear, its logic razor-sharp, and its thesis powerful. Thinking with Barber as he advances his positive, ends-oriented constitutional theory, is consistently stimulating and satisfying. This is a first-rate study of American federalism.
Malcolm Feeley
All too often, discussions of American federalism are anchored in nostalgic platitudes about a nonexistent past or simplistic models of public choice. In this rigorously argued book, Barber shows that our federalism has always been based upon a strong national government, and that current popular accounts of states' rights, if looked at closely, are incorrect and incoherent.
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Product Details

  • ISBN-13: 9780674070424
  • Publisher: Harvard University Press
  • Publication date: 1/1/2013
  • Sold by: Barnes & Noble
  • Format: eBook
  • File size: 530 KB

Meet the Author

Sotirios A. Barber is Professor of Political Science at the University of Notre Dame.
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Table of Contents

Introduction: America's Oldest Constitutional Debate 1

1 Why the States Can't Check National Power 24

2 John Marshall and a Constitution for National Security and Prosperity 50

3 The Implications of Marshallian Federalism 66

4 Why States' Rights Federalism Is Impossible to Defend 89

5 John C. Calhoun's False Theory of the Union 122

6 States' Rights as Rights Only to Participate in National Processes 145

7 Why Marshallians Should (But Probably Won't) Win the Federalism Debate 172

Notes 211

Acknowledgments 237

Index 239

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