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Federalism-the division of authority between the states and the
federal government-ranks among the most important and lasting
political and constitutional contributions of the American
founders. Since the founding, however, Americans have engaged in a
perpetual argument over federalism's proper structure and function.
Arranged thematically and covering the entire span of American
history, Debating Federalism: From the Founding to Today provides
readers with the sources necessary to trace and understand this
perennial debate. By examining the theoretical, polemical,
political arguments as well as landmark Supreme Court cases, this
collection reveals the continuing relevance and contentiousness of
federalism in the American constitutional order.
Tracing the political, ideological, and constitutional arguments
from the imperial crisis with Britain and the drafting of the
Articles of Confederation to the ratification of the Constitution
and the political conflict between Federalists and Jeffersonians,
The American Revolution, State Sovereignty, and the American
Constitutional Settlement, 1765-1800 reveals the largely forgotten
importance of state sovereignty to American constitutionalism.
Contrary to modern popular perceptions and works by other
academics, the Founding Fathers did not establish a constitutional
system based upon a national popular sovereignty nor a powerful
national government designed to fulfill a grand philosophical
purpose. Instead, most Americans throughout the period maintained
that a constitutional order based upon the sovereignty of states
best protected and preserved liberty. Enshrining their preference
for state sovereignty in Article II of the Articles of
Confederation and in the Tenth and Eleventh Amendments to the
federal constitution, Americans also claimed that state
interposition-the idea that the states should intervene against any
perceived threats to liberty posed by centralization-was an
established and accepted element of state sovereignty.
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