State legislatures regularly and recurrently affect
constitutional meaning. However, they do so not through legal
pathways like constitutional amendment or judicial challenges but
by passing resolutions that assert an interpretation different than
the one prevailing nationally. These resolutions help rally popular
and political resistance and, when successful, alter the wider
political environment and constitutional culture. Despite the
obvious importance of federalism to American constitutionalism,
little is known about the political influence of states in defining
the American constitutional order.
Through analysis of colonial practices, early American political
thought, and case studies of state response to the Alien and
Sedition Acts, the embargo crisis, federal spending on internal
improvements, the national tariff, civil rights in the 1950s and
1960s, the USA PATRIOT Act, the REAL ID Act, and others, "Federal
Constitutionalism" raises and answers the following questions:
- What is the origin of state participation in political
constitutionalism and what function does it serve?
- How do state practices relate to Calhounian nullification and
strong states rights claims?
- How has state participation changed over time as the strength
of federalism fluctuated and politics nationalized?
"
Federal Constitutionalism" offers analysis at the intersection
of federalism and politics in the fullness of time. In so doing, it
provides much needed insight into state involvement in political
constitutionalism. "
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