Books > Social sciences > Politics & government > Political structure & processes > Constitution, government & the state
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Nullification and Secession in Modern Constitutional Thought (Hardcover)
Loot Price: R1,231
Discovery Miles 12 310
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Nullification and Secession in Modern Constitutional Thought (Hardcover)
Series: Constitutional Thinking
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The Missouri legislature passes a bill to flout federal gun-control
laws it deems unconstitutional. Texas refuses to recognize same-sex
marriages, citing the state's sovereignty. The Tenth Amendment
Center promotes the ""Federal Health Care Nullification Act."" In
these and many other similar instances, the spirit of nullification
is seeing a resurgence in an ever-more politically fragmented and
decentralized America. What this means-in legal, cultural, and
historical terms-is the question explored in Nullification and
Secession in Modern Constitutional Thought. Bringing together a
number of distinguished scholars, the book offers a variety of
informed perspectives on what editor Sanford Levinson terms
""neo-nullification,"" a category that extends from formal
declarations on the invalidity of federal law to what might be
called ""uncooperative federalism."" Mark Tushnet, Mark Graber,
James Read, Jared Goldstein, Vicki Jackson, and Alison La Croix are
among the contributors who consider a strain of federalism
stretching from the framing of the Constitution to the state of
Texas's most recent threat to secede from the United States. The
authors look at the theory and practice of nullification and
secession here and abroad, discussing how contemporary advocates
use the text and history of the Constitution to make their cases,
and how very different texts and histories influence such movements
outside of the United States-in Scotland, for instance, or
Catalonia, or Quebec, or even England vis-a-vis the European Union.
Together these essays provide a nuanced account of the practical
and philosophical implications of a concept that has marked
America's troubled times, from the build-up to the Civil War to the
struggle over civil rights to battles over the Second Amendment and
Obamacare.
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