The Right of Instruction and Representation in American Legislatures, 1778 to 1900

The Right of Instruction and Representation in American Legislatures, 1778 to 1900

Author: Peverill Squire

Publisher: University of Michigan Press

Published: 2021-02-23

Total Pages: 217

ISBN-13: 0472132334

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The Right of Instruction and Representation in American Legislatures, 1778 to 1900 provides a comprehensive analysis of the role constituent instructions played in American politics for more than a hundred years after its founding. Constituent instructions were more widely issued than previously thought, and members of state legislatures and Congress were more likely to obey them than political scientists and historians have assumed. Peverill Squire expands our understanding of constituent instructions beyond a handful of high-profile cases, through analyses of two unique data sets: one examining more than 5,000 actionable communications (instructions and requests) sent to state legislators by constituents through town meetings, mass meetings, and local representative bodies; the other examines more than 6,600 actionable communications directed by state legislatures to their state’s congressional delegations. He draws the data, examples, and quotes almost entirely from original sources, including government documents such as legislative journals, session laws, town and county records, and newspaper stories, as well as diaries, memoirs, and other contemporary sources. Squire also includes instructions to and from Confederate state legislatures in both data sets. In every respect, the Confederate state legislatures mirrored the legislatures that preceded and followed them.


Monitoring American Federalism

Monitoring American Federalism

Author: Christian G. Fritz

Publisher: Cambridge University Press

Published: 2023-01-26

Total Pages: 425

ISBN-13: 1009325590

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Monitoring American Federalism examines some of the nation's most significant controversies in which state legislatures have attempted to be active partners in the process of constitutional decision-making. Christian G. Fritz looks at interposition, which is the practice of states opposing federal government decisions that were deemed unconstitutional. Interposition became a much-used constitutional tool to monitor the federal government and organize resistance, beginning with the Constitution's ratification and continuing through the present affecting issues including gun control, immigration and health care. Though the use of interposition was largely abandoned because of its association with nullification and the Civil War, recent interest reminds us that the federal government cannot run roughshod over states, and that states lack any legitimate power to nullify federal laws. Insightful and comprehensive, this appraisal of interposition breaks new ground in American political and constitutional history, and can help us preserve our constitutional system and democracy.