The American State Constitutional Tradition
The American State Constitutional Tradition

Author: John J. Dinan

Publisher: University Press of Kansas

Published: 2006-04-14

Total Pages: 447

ISBN-13: 0700616896

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For too long, the American constitutional tradition has been defined solely by the U.S. Constitution drafted in 1787. Yet constitutional debates at the state level open a window on how Americans, in different places and at different times, have chosen to govern themselves. From New Hampshire in 1776 to Louisiana in 1992, state constitutional conventions have served not only as instruments of democracy but also as forums for revising federal principles and institutions. In The American State Constitutional Tradition, John Dinan shows that state constitutions are much more than mere echoes of the federal document. The first comprehensive study of all 114 state constitutional conventions for which there are recorded debates, his book shows that state constitutional debates in many ways better reflect the accumulated wisdom of American constitution-makers than do the more traditional studies of the federal constitution. Wielding extraordinary command over a mass of historical detail, Dinan clarifies the alternatives considered by state constitution makers and the reasons for the adoption or rejection of various governing principles and institutions. Among other things, he shows that the states are nearly universal in their rejection of the rigid federal model of the constitutional amendment process, favoring more flexible procedures for constitutional change; they often grant citizens greater direct participation in law-making; they have debated and at times rejected the value of bicameralism; and they have altered the veto powers of both the executive and judicial branches. Dinan also shows that, while the Founders favored a minimalist design and focused exclusively on protecting individuals from government action, state constitution makers have often adopted more detailed constitutions, sometimes specifying positive rights that depend on government action for their enforcement. Moreover, unlike the federal constitution, state constitutions often contain provisions dedicated to the formation of citizen character, ranging from compulsory schooling to the regulation of gambling or liquor. By integrating state constitution making with the federal constitutional tradition, this path-breaking work widens and deepens our understanding of the principles by which we've chosen to govern ourselves.

Pathways to Prohibition
Pathways to Prohibition

Author: Ann-Marie E. Szymanski

Publisher: Duke University Press

Published: 2003-08-21

Total Pages: 343

ISBN-13: 0822385309

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Strategies for gradually effecting social change are often dismissed as too accommodating of the status quo. Ann-Marie E. Szymanski challenges this assumption, arguing that moderation is sometimes the most effective way to achieve change. Pathways to Prohibition examines the strategic choices of social movements by focusing on the fates of two temperance campaigns. The prohibitionists of the 1880s gained limited success, while their Progressive Era counterparts achieved a remarkable—albeit temporary—accomplishment in American politics: amending the United States Constitution. Szymanski accounts for these divergent outcomes by asserting that choice of strategy (how a social movement defines and pursues its goals) is a significant element in the success or failure of social movements, underappreciated until now. Her emphasis on strategy represents a sharp departure from approaches that prioritize political opportunity as the most consequential factor in campaigns for social change. Combining historical research with the insights of social movement theory, Pathways to Prohibition shows how a locally based, moderate strategy allowed the early-twentieth-century prohibition crusade both to develop a potent grassroots component and to transcend the limited scope of local politics. Szymanski describes how the prohibition movement’s strategic shift toward moderate goals after 1900 reflected the devolution of state legislatures’ liquor licensing power to localities, the judiciary’s growing acceptance of these local licensing regimes, and a collective belief that local electorates, rather than state legislatures, were best situated to resolve controversial issues like the liquor question. "Local gradualism" is well suited to the porous, federal structure of the American state, Szymanski contends, and it has been effectively used by a number of social movements, including the civil rights movement and the Christian right.

Jury Discrimination
Jury Discrimination

Author: Christopher Waldrep

Publisher: University of Georgia Press

Published: 2011-12-01

Total Pages: 336

ISBN-13: 0820340308

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In 1906 a white lawyer named Dabney Marshall argued a case before the Mississippi Supreme Court demanding the racial integration of juries. He carried out a plan devised by Mississippi's foremost black lawyer of the time: Willis Mollison. Against staggering odds, and with the help of a friendly newspaper editor, he won. How Marshall and his allies were able to force the court to overturn state law and precedent, if only for a brief period, at the behest of the U.S. Supreme Court is the subject of Jury Discrimination, a book that explores the impact of the Civil War and Reconstruction on America's civil rights history. Christopher Waldrep traces the origins of Americans' ideas about trial by jury and provides the first detailed analysis of jury discrimination. Southerners' determination to keep their juries entirely white played a crucial role in segregation, emboldening lynchers and vigilantes like the Ku Klux Klan. As the postbellum Congress articulated ideals of national citizenship in civil rights legislation, most importantly the Fourteenth Amendment, factions within the U.S. Supreme Court battled over how to read the amendment: expansively, protecting a variety of rights against a host of enemies, or narrowly, guarding only against rare violations by state governments. The latter view prevailed, entombing the amendment in a narrow interpretation that persists to this day. Although the high court clearly denounced the overt discrimination enacted by state legislatures, it set evidentiary rules that made discrimination by state officers and agents extremely difficult to prove. Had these rules been less onerous, Waldrep argues, countless black jurors could have been seated throughout the nation at precisely the moment when white legislators and jurists were making and enforcing segregation laws. Marshall and Mollison's success in breaking through Mississippi law to get blacks admitted to juries suggests that legal reasoning plausibly founded on constitutional principle, as articulated by the Supreme Court, could trump even the most stubbornly prejudiced public opinion.

Michigan's Company K
Michigan's Company K

Author: Michelle K Cassidy

Publisher: MSU Press

Published: 2023-09-01

Total Pages: 309

ISBN-13: 1609177401

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As much as the Civil War was a battle over the survival of the United States, for the men of Company K of the First Michigan Sharpshooters, it was also one battle in a longer struggle for the survival of Anishinaabewaki, the homelands of the Anishinaabeg—Ojibwe, Odawa, and Boodewaadamii peoples . The men who served in what was often called ‘the Indian Company’ chose to enlist in the Union army to contribute to their peoples’ ongoing struggle with the state and federal governments over status, rights, resources, and land in the Great Lakes. This meticulously researched history begins in 1763 with Pontiac’s War, a key moment in Anishinaabe history. It then explores the multiple strategies the Anishinaabeg deployed to remain in Michigan despite federal pressure to leave. Anishinaabe men claimed the rights and responsibilities associated with male citizenship—voting, owning land, and serving in the army—while actively preserving their status as ‘Indians’ and Anishinaabe peoples. Indigenous expectations of the federal government, as well as religious and social networks, shaped individuals’ decisions to join the U.S. military. The stories of Company K men also broaden our understanding of the complex experiences of Civil War soldiers. In their fight against removal, dispossession, political marginalization, and loss of resources in the Great Lakes, the Anishinaabeg participated in state and national debates over citizenship, allegiance, military service, and the government’s responsibilities to veterans and their families.

The Frontier Against Slavery
The Frontier Against Slavery

Author: Eugene H. Berwanger

Publisher: University of Illinois Press

Published: 2002

Total Pages: 196

ISBN-13: 9780252070563

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Eugene H. Berwanger's study of anti-slavery sentiment in the antebellum West is as resoundingly important now, in a new paperback edition, as when first published in 1967. In The Frontier against Slavery, Berwanger attributes the social and political climates of the states and territories Ohio River Valley pioneers settled before 1860 to racial prejudice. Drawing from newspaper accounts, political speeches, correspondence, and legal documents, Berwanger reveals that the whites-only sentiments of the pioneers, rather than humanitarian concern for African Americans, limited the expansion of slavery. This whites-only prejudice shaped laws in the majority of western states and territories that excluded all African Americans, enslaved or free, from citizenship, evidencing the deep-rooted discrimination of political leaders and pioneers.

Law and the Shaping of Public Education, 1785-1954
Law and the Shaping of Public Education, 1785-1954

Author: David B. Tyack

Publisher: Univ of Wisconsin Press

Published: 1987

Total Pages: 276

ISBN-13: 9780299108847

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Using case studies as illustrations, this text explores the ways in which public schooling was shaped by state constitutions, by state statutes and administrative law, and by appellate decisions concerning public public education.

American Taxation, American Slavery
American Taxation, American Slavery

Author: Robin L. Einhorn

Publisher: University of Chicago Press

Published: 2008-05-15

Total Pages: 351

ISBN-13: 0226194884

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For all the recent attention to the slaveholding of the founding fathers, we still know remarkably little about the influence of slavery on American politics. American Taxation, American Slavery tackles this problem in a new way. Rather than parsing the ideological pronouncements of charismatic slaveholders, it examines the concrete policy decisions that slaveholders and non-slaveholders made in the critical realm of taxation. The result is surprising—that the enduring power of antigovernment rhetoric in the United States stems from the nation’s history of slavery rather than its history of liberty. We are all familiar with the states’ rights arguments of proslavery politicians who wanted to keep the federal government weak and decentralized. But here Robin Einhorn shows the deep, broad, and continuous influence of slavery on this idea in American politics. From the earliest colonial times right up to the Civil War, slaveholding elites feared strong democratic government as a threat to the institution of slavery. American Taxation, American Slavery shows how their heated battles over taxation, the power to tax, and the distribution of tax burdens were rooted not in debates over personal liberty but rather in the rights of slaveholders to hold human beings as property. Along the way, Einhorn exposes the antidemocratic origins of the popular Jeffersonian rhetoric about weak government by showing that governments were actually more democratic—and stronger—where most people were free. A strikingly original look at the role of slavery in the making of the United States, American Taxation, American Slavery will prove essential to anyone interested in the history of American government and politics.