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The Soviet Union - Federation or Empire?
The Soviet Union is often characterised as nominally a federation, but really an empire, liable to break up when individual federal units, which were allegedly really subordinate colonial units, sought independence. This book questions this interpretation, revisiting the theory of federation, and discussing actual examples of federations such as the United States, arguing that many federal unions, including the United States, are really centralised polities. It also discusses the nature of empires, nations and how they relate to nation states and empires, and the right of secession, highlighting the importance of the fact that this was written in to the Soviet constitution. It examines the attitude of successive Soviet leaders towards nationalities, and the changing attitudes of nationalists towards the Soviet Union. Overall, it demonstrates that the Soviet attitude to nationalities and federal units was complicated, wrestling, in a similar way to many other states, with difficult questions of how ethno-cultural justice can best be delivered in a political unit which is bigger than the national state.
Abolitionism and American Law
This volume's essays reveal that the abolitionists' impact on United States law and the Constitution did not end with the Civil War. The immediate postwar Reconstruction amendments were both rooted in the radically anti-positivistic, natural rights philosophy long espoused by the radical political abolitionists. Implementing protection for black civil rights, however, proved much more difficult.
The Promises of Liberty
In these original essays, America's leading historians and legal scholars reassess the ratification of the Thirteenth Amendment and its relevance to issues of liberty, justice, and equality. The Thirteenth Amendment abolished slavery in the United States, reasserting the radical, egalitarian dimensions of the Constitution. It also laid the foundations for future civil rights and social justice legislation. Yet subsequent reinterpretation and misappropriation have curbed more substantive change. With constitutional jurisprudence undergoing a revival, The Promises of Liberty provides a full portrait of the Thirteenth Amendment and its potential for ensuring liberty. The collection begins with ...
Conscience and the Constitution
At stage center of the American drama, maintains David A. J. Richards, is the attempt to understand the implications of the Reconstruction Amendments--Amendments Thirteen, Fourteen, and Fifteen to the United States Constitution. Richards evaluates previous efforts to interpret the amendments and then proposes his own view: together the amendments embodied a self-conscious rebirth of America's revolutionary, rights-based constitutionalism. Building on an approach to constitutional law developed in his Toleration and the Constitution and Foundations of American Constitutionalism, Richards links history, law, and political theory. In Conscience and the Constitution, this method leads from an an...
Abraham Lincoln and the Second American Revolution
James McPherson has emerged as one of America's finest historians. Battle Cry of Freedom, his Pulitzer Prize-winning account of the Civil War, was a national bestseller that Hugh Brogan, in The New York Times Book Review, called "history writing of the highest order." In that volume, McPherson gathered in the broad sweep of events, the political, social, and cultural forces at work during the Civil War era. Now, in Abraham Lincoln and the Second American Revolution, he offers a series of thoughtful and engaging essays on aspects of Lincoln and the war that have rarely been discussed in depth. McPherson again displays his keen insight and sterling prose as he examines several critical themes ...
Congress and the Fourteenth Amendment
The discrepancy between the fourteenth amendment’s true meaning as originally understood, and the Supreme Court’s interpretation of its meaning over time, has been dramatic and unfortunate. The amendment was intended to be a constitutional rule for the promotion and protection of people’s rights, administered by the states as front-line regulators of life, liberty, and property, to be overseen by Congress and supported by federal legislation as necessary. In this book, William B. Glidden makes the case that instead, the amendment has operated as a judge-dominated, negative rights-against-government regime, supervised by the Supreme Court. Whenever Congress has enacted legislation to protect life, liberty, or property rights of people in the states, the laws were often overturned, narrowly construed, or forced to rely on the power of Congress to regulate interstate commerce, under the Supreme Court’s constraining interpretations. Glidden proposes that Congress must recover for itself or be restored to its proper role as the designated federal enforcement agency for the fourteenth amendment.
Civil Rights, the Constitution, and Congress, 1863-1869
Through a close analysis of legislative proceedings and of the precise language used, Maltz builds a strong case that Congressional actions on civil rights, including statutes such as the Freedman's Bureau Bill, the District of Columbia Suffrage Bill, and the Civil Rights Act of 1866, as well as the thirteenth, fourteenth, and fifteenth amendments of the early Reconstruction era generally reflected the ideology and intentions of the more conservative Republicans. These "moderates" advocated limited absolute equality rather than total racial equality and opposed the undue federal regulation of private and state actions.
Enforcing Civil Rights
A former member of the Civil Rights Division of the US Department of Justice, established in 1957, explains the agency's role in combating institutionalized racism. He discusses political realities, national priorities, the widening of the mandate, weathering political shifts in Washington, conflicts between career civil servants and political appointees, and other aspects. He also analyzes the consequences of its litigation positions and considers whether the structure of enforcement should be changed. Annotation copyrighted by Book News, Inc., Portland, OR
Conceiving a New Republic
He also examines their struggle to revive the experiment with the Lodge Federal Elections bill of 1890 - the last serious attempt at civil rights legislation until the 1950s.".
