States' Rights and American Federalism: A Documentary History
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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Contents
States Rights and American Federalism in the American Founding Era 16201789 | 1 |
The Mayflower Compact 1620 | 12 |
The Fundamental Orders of Connecticut 1639 | 13 |
Organization of the Government of Rhode Island March 1619 1642 | 16 |
On Liberty 1645 | 17 |
Penns Plan of Union 1697 | 19 |
Albany Plan of Union 1754 | 21 |
Declarations of the Stamp Act Congress October 2 1765 | 23 |
James Buchanans Fourth Annual Message States and Withdrawal from the Union December 3 1860 | 125 |
Resolutions of Secession Mississippi January 11 1861 South Carolina December 20 1860 and Virginia April 17 1861 | 127 |
Abraham Lincolns First Inaugural Address March 4 1861 | 132 |
The Emancipation Proclamation January 1 1863 | 135 |
Changes Involving States Rights and Federalism from the Civil War to the New Deal 18651940 | 139 |
Womens Suffrage Petition to Congress December 1871 | 147 |
Booker T Washington Atlanta Exposition Address 1895 | 149 |
An Episcopal Priest Challenges Enforcement of the Fourteenth Amendment 1905 | 151 |
From a Farmer in Pennsylvania to the Inhabitants of the British Colonies Letter II 1767 | 24 |
Thoughts on Government Letter of John Adams January 1776 | 26 |
Unanimous Declaration of the Thirteen United States of America July 1776 | 31 |
In Defense of State Sovereignty Thomas Burke 1777 | 35 |
James Madisons Vices of the Political System April 1787 | 37 |
The Virginia Plan Presented to the Federal Convention May 29 1787 | 43 |
John Dickinson of Delaware on Federalism at the Constitutional Convention June 7 1787 | 46 |
The New Jersey Plan Presented to the Federal Convention June 15 1787 | 47 |
James Madison of Virginia Compares the Virginia and New Jersey Plans at the Constitutional Convention June 19 1787 | 50 |
James Wilson of Pennsylvania on Federalism at the Constitutional Convention June 25 1787 | 53 |
The Northwest Ordinance July 13 1787 | 54 |
Federalist Number 10 Publius and the Extended Republic November 22 1787 | 58 |
Agrippa Writes a Letter to the People in Opposition to an Extended Republic and the Constitution of the United States December 3 1787 | 64 |
Federalism and the Meaning of the Tenth Amendment 17891835 | 67 |
George Masons Objections to the Proposed Constitution October 1 1787 | 73 |
James Madisons Proposal to Congress for a Bill of Rights June 8 1789 | 74 |
The Sedition Act July 14 1798 | 79 |
The Kentucky Resolutions November 16 1798 | 81 |
United States v Peters 1809 | 86 |
Report and Resolutions of the Hartford Convention January 1815 | 89 |
Barron v Baltimore 1833 | 91 |
States Rights in the Antebellum Period and the Civil War 18281865 | 95 |
Liberty and Union Now and Forever One and Inseparable January 1830 | 101 |
John C Calhouns Fort Hill Address 1831 | 104 |
John C Calhoun against the Force Bill February 15 1833 | 105 |
Andrew Jacksons Second Inaugural Address March 4 1833 | 107 |
Abraham Lincolns Address before the Young Mens Lyceum of Springfield Illinois January 27 1838 | 109 |
The Seventh of March Speech Daniel Webster and the Compromise of 1850 | 112 |
John C Calhoun the Compromise of 1850 and State Autonomy First Session of Congress 1850 | 114 |
William H Seward the Compromise of 1850 and an Appeal to a Higher Law First Session of Congress 1850 | 118 |
William H Seward and the Declaration of Independence An Appeal to Higher Law 1856 | 121 |
Dred Scott v Sandford 1857 Roger B Taney and States Rights | 123 |
Theodore Roosevelt on Lincoln and the Race Problem February 13 1905 | 155 |
Elihu Root Calls for the Preservation of Local SelfGovernment of the States December 12 1906 | 157 |
Wilson Rejects the Old Ideal of Limited Government October 30 1909 | 159 |
Woodrow Wilsons New Freedom Changes the Old Order 1913 | 160 |
Kate Gordons Letter to the Governors of the Southern States 1913 | 162 |
Petition from Women Voters AntiSuffrage Party of New York 1917 | 163 |
State of Tennessee Approves Nineteenth Amendment August 1920 | 164 |
President Calvin Coolidge on the Responsibilities of the States May 30 1925 | 165 |
President Calvin Coolidges Fourth Annual State of the Union Message December 7 1926 | 166 |
Herbert C Hoovers Fourth Annual State of the Union Message December 6 1932 | 167 |
FDRs First Inaugural Address March 4 1933 | 169 |
States Rights and American Federalism from the New Deal to the Present 19401999 | 173 |
Governor Fielding Wright of Mississippi Statement to Democratic Party Leaders January 1948 | 181 |
The Civil Rights Message of Harry S Truman to the US Congress February 2 1948 | 185 |
Governor J Strom Thurmond of South Carolina Speaks to Southern Governors February 7 1948 | 190 |
States Rights Platform of 1948 Southern Democratic Convention Birmingham Alabama July 17 1948 | 193 |
Eisenhowers First Annual Message to the Congress on the State of the Union February 2 1953 | 196 |
President Eisenhower Writes South Carolina Governor James F Byrnes August 14 1953 | 197 |
Brown v Board of Education of Topeka 1954 | 199 |
The Southern Manifesto 1956 | 203 |
President Johnson Urges Enactment of the Voting Rights Act of 1965 | 205 |
US Commissioner of Education Harold Howe II on the Relationship of the Federal Government to State and Local Education December 17 1966 | 206 |
A Journalist Reports on the Effects of the 1964 Civil Rights Act January 12 1967 | 207 |
Press Interview with George Wallace 1968 | 208 |
Reagan Resurrects States Rights January 1981 | 211 |
Contract with America 1994 | 213 |
The Devolution Tortoise and the Centralization Hare The Slow Process in DownSizing Big Government 1998 | 216 |
US Supreme Court Expands States Rights | 218 |
Minority Opinion Challenges State Immunity from Law Suit | 221 |
Conclusion | 223 |
Index | 225 |
Common terms and phrases
action Address African Americans Amendment American authority believe Bill of Rights Calhoun called cause century changes citizens civil rights colonies common compact concerning Confederation Congress Constitution continue Convention created debate decision delegated Democratic Document economic effect election equal established executive exercise exist federal federal government Federalist force freedom governor History House important increase Independence individual interests issue James Madison John justice legislation legislatures liberty limited live majority Mayflower Compact means ment national government nature necessary North Northwest Ordinance opinion original party passed person political present preserve President Press principles proposed protection question race representatives republic republican respect responsibility rule secure Senate separate social society Source South southern suffrage Supreme Court territory tion Union United University views Virginia vote whole writing York
Popular passages
Page 56 - ... hereafter shall be formed in the said territory; to provide also for the establishment of states, and permanent government therein, and for their admission to a share in the federal councils on an equal footing with the original states, at as early periods as may be consistent with the general interest...
Page 34 - He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the executioners of their friends and Brethren, or to fall themselves by their Hands.
Page 133 - I have no purpose, directly or indirectly, to interfere with the institution of slavery in the States where it exists. I believe I have no lawful right to do so, and I have no inclination to do so.
Page 34 - He has excited domestic insurrections amongst us, and has endeavored to bring on the inhabitants of our frontiers, the merciless Indian Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions.
Page 58 - There shall be neither slavery nor involuntary servitude in the said territory otherwise than in the punishment of crimes, whereof the party shall have been duly convicted; Provided, always, That any person escaping into the same, from whom labor or service is lawfully claimed in any one of the original States, such fugitive may be lawfully reclaimed and conveyed to the person claiming his or her labor or service as aforesaid.
Page 105 - ... in case of a deliberate, palpable, and dangerous exercise of other powers, not granted by the said compact, the states, who are parties thereto, have the right, and are in duty bound, to interpose, for arresting the progress of the evil, and for maintaining within their respective limits, the authorities, rights, and liberties appertaining to them.
Page 63 - ... of parties and interests; you make it less probable that a majority of the whole will have a common motive to invade the rights of other citizens; or if such a common motive exists, it will be more difficult for all who feel it to discover their own strength and to act in unison with each other. Besides other impediments, it may be remarked that, where there is a consciousness of unjust or dishonorable purposes, communication is always checked by distrust in proportion to the number whose concurrence...
Page 61 - To secure the public good, and private rights, against the danger of such a faction, and at the same time to preserve the spirit and the form of a popular government, is then the great object to which our inquiries are directed.
Page 55 - For the prevention of crimes and injuries, the laws to be adopted or made shall have force in all parts of the district, and for the execution of process, criminal and civil, the governor shall make proper divisions thereof; and he shall proceed, from time to time, as circumstances may require, to lay out the parts of the district in which the Indian title shall have been extinguished, into counties and townships, subject, however, to such alterations as may thereafter be made by the legislature.
Bibliographic information
| Title | States' Rights and American Federalism: A Documentary History Primary documents in American history and contemporary issues, ISSN 1069-5605 |
| Author | Lynn Nelson |
| Editors | Frederick D. Drake, Lynn R. Nelson |
| Edition | illustrated |
| Publisher | Greenwood Publishing Group, 1999 |
| ISBN | 0313305730, 9780313305733 |
| Length | 232 pages |
| Export Citation | BiBTeX EndNote RefMan |