The fallacies of states' rights /
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...
| Main Authors: | , |
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| Format: | Book |
| Language: | English |
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Cambridge, Mass. :
Harvard University Press,
2013
Cambridge, MA : [2013] Cambridge, Mass. : 2013 |
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Table of Contents:
- Introduction: America's oldest constitutional debate
- Why the states can't check national power
- John Marshall and a constitution for national security and prosperity
- The implications of Marshallian federalism
- Why states' rights federalism is impossible to defend
- John C. Calhoun's false theory of the Union
- States' rights as rights only to participate in national processes
- Why Marshallians should (but may not) win the states' rights debate
- Frontmatter
- Contents
- Introduction: America's Oldest Constitutional Debate
- 1 Why the States Can't Check National Power
- 2 John Marshall and a Constitution for National Security and Prosperity
- 3 The Implications of Marshallian Federalism
- 4 Why States' Rights Federalism Is Impossible to Defend
- 5 John C. Calhoun's False Theory of the Union
- 6 States' Rights as Rights Only to Participate in National Processes
- 7 Why Marshallians Should (But Probably Won't) Win the Federalism Debate
- Notes
- Acknowledgments
- Index