“Cruel, merciful; peace-loving, a fighter; despising Negroes and letting them fight and vote; protecting slavery and freeing slaves.” Abraham Lincoln was, W. E. B. Du Bois declared, “big enough to be inconsistent.” Big enough, indeed, for every generation to have its own Lincoln—unifier or emancipator, egalitarian or racist. In an effort to reconcile these views, and to offer a more complex and nuanced account of a figure so central to American history, this book focuses on the most controversial aspect of Lincoln’s thought and politics—his attitudes and actions regarding slavery and race. Drawing attention to the limitations of Lincoln’s judgment and policies without denying his magnitude, the book provides the most comprehensive and even-handed account available of Lincoln’s contradictory treatment of black Americans in matters of slavery in the South and basic civil rights in the North.
George Fredrickson shows how Lincoln’s antislavery convictions, however genuine and strong, were held in check by an equally strong commitment to the rights of the states and the limitations of federal power. He explores how Lincoln’s beliefs about racial equality in civil rights, stirred and strengthened by the African American contribution to the northern war effort, were countered by his conservative constitutional philosophy, which left this matter to the states. The Lincoln who emerges from these pages is far more comprehensible and credible in his inconsistencies, and in the abiding beliefs and evolving principles from which they arose. Deeply principled but nonetheless flawed, all-too-human yet undeniably heroic, he is a Lincoln for all generations.
Most literature on the Civil War focuses on soldiers, battles, and politics. But for every soldier in the United States Army, there were nine civilians at home. The war affected those left on the home front in many ways. Westward expansion and land ownership increased. The draft disrupted families while a shortage of male workers created opportunities for women that were previously unknown.
The war also enlarged the national government in ways unimagined before 1861. The Homestead Act, the Land Grant College Act, civil rights legislation, the use of paper currency, and creation of the Internal Revenue Service to collect taxes to pay for the war all illustrate how the war fundamentally, and permanently, changed the nation.
The essays in this book, drawn from a wide range of historical expertise and approaching the topic from a variety of angles, explore the changes in life at home that led to a revolution in American society and set the stage for the making of modern America.
Contributors: Jean H. Baker, Jenny Bourne, Paul Finkelman, Guy Gugliotta, Daniel W. Stowell, Peter Wallenstein, Jennifer L. Weber.
Elaborating his theory of constituent moments, Frank focuses on specific historical instances when under-authorized individuals or associations seized the mantle of authority, and, by doing so, changed the inherited rules of authorization and produced new spaces and conditions for political representation. He looks at crowd actions such as parades, riots, and protests; the Democratic-Republican Societies of the 1790s; and the writings of Walt Whitman and Frederick Douglass. Frank demonstrates that the revolutionary establishment of the people is not a solitary event, but rather a series of micropolitical enactments, small dramas of self-authorization that take place in the informal contexts of crowd actions, political oratory, and literature as well as in the more formal settings of constitutional conventions and political associations.
Today, the work of government often involves coordination at the federal, state, and local levels as well as with contractors and citizens’ groups. This process of governance across levels of government, jurisdictions, and types of actors is called intergovernmental relations, and intergovernmental management (IGM) is the way work is administered in this increasingly complex system. Leading authority Robert Agranoff reintroduces intergovernmental management for twenty-first-century governance to a new generation of scholars, students, and practitioners.
Agranoff examines IGM in the United States from four thematic perspectives: law and politics, jurisdictional interdependency, multisector partners, and networks and networking. Common wisdom holds that government has “hollowed out” despite this present era of contracting and networked governance, but he argues that effective intergovernmental management has never been more necessary or important. He concludes by offering six next steps for intergovernmental management.
Establishing Congress: The Removal to Washington, D.C., and the Election of 1800 focuses on the end of the 1790s, when, in rapid succession, George Washington died, the federal government moved to Washington, D.C., and the election of 1800 put Thomas Jefferson and the Democratic-Republican Party in charge of the federal government.
Establishing Congress dispels the myths and misinformation that surround the federal government’s move to Washington and demonstrates that the election of 1800 changed American party politics forever, establishing the success of the American experiment in government and completing the founding of the Republic. It also contends that the lame-duck session of Congress had far-reaching implications for the governance of the District of Columbia. Later chapters examine aspects of the political iconography of the Capitol—one illuminating Jefferson’s role in turning the building into a temple for the legislature and an instrument for nation-building, another analyzing the fascinating decades-long debate over whether to bury George Washington in the Capitol.
The book considers as well the political implications of social life in early Washington, examining the political lobbying by Washington women within a social context and detailing the social and political life in the city’s homes, hotels, boardinghouses, and eating messes. Establishing Congress is an invaluable reference work for anyone interested in these pivotal moments in American history.
Since 1991, Ethiopia has gone further than any other country in using ethnicity as the fundamental organizing principle of a federal system of government. And yet this pioneering experiment in “ethnic federalism” has been largely ignored in the growing literature on democratization and ethnicity in Africa and on the accommodation of ethnic diversity in democratic states. Ethnic Federalism brings a much-needed comparative dimension to the discussion of this experiment in Ethiopia.
Ethnic Federalism closely examines aspects of the Ethiopean case and asks why the use of territorial decentralism to accommodate ethnic differences has been generally unpopular in Africa, while it is growing in popularity in the West.
The book includes case studies of Nigerian and Indian federalism and suggests how Ethiopia might learn from both the failures and successes of these older federations. In the light of these broader issues and cases, it identifies the main challenges facing Ethiopia in the next few years, as it struggles to bring political practice into line with constitutional theory and thereby achieve a genuinely federal division of powers.
The ink was barely dry on the Constitution when it was almost destroyed by the rise of political parties in the United States. As Bruce Ackerman shows, the Framers had not anticipated the two-party system, and when Republicans battled Federalists for the presidency in 1800, the rules laid down by the Constitution exacerbated the crisis. With Republican militias preparing to march on Washington, the House of Representatives deadlocked between Thomas Jefferson and Aaron Burr. Based on seven years of archival research, the book describes previously unknown aspects of the electoral college crisis. Ackerman shows how Thomas Jefferson counted his Federalist rivals out of the House runoff, and how the Federalists threatened to place John Marshall in the presidential chair. Nevertheless, the Constitution managed to survive through acts of statesmanship and luck.
Despite the intentions of the Framers, the presidency had become a plebiscitarian office. Thomas Jefferson gained office as the People's choice and acted vigorously to fulfill his popular mandate. This transformation of the presidency serves as the basis for a new look at Marbury v. Madison, the case that first asserted the Supreme Court's power of judicial review. Ackerman shows that Marbury is best seen in combination with another case, Stuart v. Laird, as part of a retreat by the Court in the face of the plebiscitarian presidency. This "switch in time" proved crucial to the Court's survival, allowing it to integrate Federalist and Republican themes into the living Constitution of the early republic.
Ackerman presents a revised understanding of the early days of two great institutions that continue to have a major impact on American history: the plebiscitarian presidency and a Supreme Court that struggles to put the presidency's claims of a popular mandate into constitutional perspective.
The idea that “states’ rights” restrain national power is riding high in American judicial and popular opinion. Here, Sotirios A. Barber shows how arguments for states’ rights, from the days of John C. Calhoun to the present, have offended common sense, logic, and bedrock constitutional principles.
To begin with, states’ rights federalism cannot possibly win the debate with national federalism owing to the very forum in which the requisite argument must occur—a national one, thanks to the Civil War—and the ordinary rules of practical argumentation. Further, the political consequences of this self-defeating logic can only hasten the loss of American sovereignty to international economic forces. Both philosophical and practical reasons compel us to consider two historical alternatives to states’ rights federalism. In the federalism of John Marshall, the nation’s most renowned jurist, the national government’s duty to ensure security, prosperity, and other legitimate national ends must take precedence over all conflicting exercises of state power. In “process” federalism, the Constitution protects the states by securing their roles in national policy making and other national decisions. Barber opts for Marshall’s federalism, but the contest is close, and his analysis takes the debate into new, fertile territory.
Affirming the fundamental importance of the Preamble, Barber advocates a conception of the Constitution as a charter of positive benefits for the nation. It is not, in his view, a contract among weak separate sovereigns whose primary function is to protect people from the central government, when there are greater dangers to confront.
Giving particular attention to intergovernmental working relationships, this revised edition of Federalism and Environmental Policy has been significantly updated to reflect the changes that have taken place since the highly praised first edition. Denise Scheberle examines reasons why environmental laws seldom work out exactly as planned. Casting federal-state working relationships as "pulling together," "coming apart," or somewhere in-between, she provides dozens of observations from federal and state officials. This study also suggests that implementation of environmental policy is a story of high stakes politics—a story rich with contextual factors and as fascinating as the time the policy was formulated.
As four very different environmental programs unfold—asbestos (updated to include the fallout from the World Trade Center), drinking water, radon, and surface coal mining—Scheberle demonstrates how programs evolve differently, with individual political, economic, logistical, and technical constraints. The policy implementation framework developed for the book provides the lens through which to compare environmental laws.
Federalism and Environmental Policy goes beyond the contents of policy to explore the complex web of federal-state working relationships and their effect on the implementation of policy. It is unique in how it portrays the nuts-and-bolts, the extent to which the state and federal offices work together effectively—or not. Examining working relationships within the context of program implementation and across four different environmental programs offers a unique perspective on why environmental laws sometimes go awry.
Federalism is one of the most influential concepts in modern political discourse as well as the focus of immense controversy resulting from the lack of a single coherent definition. Malcolm M. Feeley and Edward Rubin expose the ambiguities of modern federalism, offering a powerful but generous treatise on the modern salience of the term.
“At last, an insightful examination of federalism stripped of its romance. An absolutely splendid book, rigorous but still accessible.”
—Larry Yackle, Boston University
“Professors Feeley and Rubin clearly define what is and is not federal system. This book should be required for serious students of comparative government and American government.”
—G. Ross Stephens, University of Missouri, Kansas City
“Feeley and Rubin have written a brilliant book that looks at federalism from many different perspectives—historical, political, and constitutional. Significantly expanding on their earlier pathbreaking work, they have explained the need for a theory of federalism and provided one. This is a must read book for all who are interested in the Constitution.”
—Erwin Chemerinsky, Duke University School of Law
This book explores the effects of global socio-economic forces on the domestic policies and administrative institutions of Japan and the United States, and it explains how these global factors have shifted power and authority downward from the national government to subnational governments.
This major comparative study comprises ten pairs of essays written by leading Japanese and American scholars on parallel public policy issues, institutional patterns, and intergovernmental relations in Japan and the United States, all set in the context of globalization and its impact on decentralization in each country. The twenty contributors and the editors provide new insights into the domestic consequences of global interdependence by examining emerging strategies for dealing with environmental concerns, urban problems, infrastructure investments, financial policies, and human services issues.
An important study of the changing global setting, Globalization and Decentralization emphasizes the innovative and adaptive roles played by Japanese and American state, provincial, regional, and local governments in responding to the dramatic economic and political power shifts created by the new world order.
Federalism is regarded as one of the signal American contributions to modern politics. Its origins are typically traced to the drafting of the Constitution, but the story began decades before the delegates met in Philadelphia.
In this groundbreaking book, Alison LaCroix traces the history of American federal thought from its colonial beginnings in scattered provincial responses to British assertions of authority, to its emergence in the late eighteenth century as a normative theory of multilayered government. The core of this new federal ideology was a belief that multiple independent levels of government could legitimately exist within a single polity, and that such an arrangement was not a defect but a virtue. This belief became a foundational principle and aspiration of the American political enterprise. LaCroix thus challenges the traditional account of republican ideology as the single dominant framework for eighteenth-century American political thought. Understanding the emerging federal ideology returns constitutional thought to the central place that it occupied for the founders. Federalism was not a necessary adaptation to make an already designed system work; it was the system.
Connecting the colonial, revolutionary, founding, and early national periods in one story reveals the fundamental reconfigurations of legal and political power that accompanied the formation of the United States. The emergence of American federalism should be understood as a critical ideological development of the period, and this book is essential reading for everyone interested in the American story.
The relationship between the states and the national government is among the most contested issues in the United States. And questions about where power should reside, how decisions should be made, and how responsibility should be allocated have been central to the American experiment in federalism. In Polyphonic Federalism, Robert A. Schapiro defends the advantages of multiple perspectives in government, arguing that the resulting “polyphony” creates a system that is more efficient, democratic, and protective of liberties.
This groundbreaking volume contends that contemporary views of federalism are plagued by outmoded dualist notions that seek to separate state and federal authority. Instead, Schapiro proposes a polyphonic model that emphasizes the valuable interaction of state and federal law, one that more accurately describes the intersecting realities of local and national power. Through an analysis of several legal and policy debates, Polyphonic Federalism demonstrates how a multifaceted government can best realize the potential of federalism to protect fundamental rights.
Mexico and the United States each have a constitution and a federal system of government. This fact has led many historians to assume that the Mexican system of government, established in the 1820s, is an imitation of the U.S. model. But it is not.
First published in Spanish in 1955 and now translated by the author and amplified with new material, this interpretation of the independence movement tells the true story of Mexico's transition from colonial status to federal state. Benson traces the Mexican government's beginning to events in Spain in 1808–1810, when provincial juntas, or deputations, were established to oppose Napoleon's French rule and govern the provinces of Spain and its New World dominions during the Spanish monarch's imprisonment.
It was the provincial deputation, not the United States federal system, that provided the model for the state legislative bodies that were eventually formed after Mexico won its independence from Spain in 1821. This finding—the result of years of painstaking archival research—strongly confirms the independence of Mexico's political development from U.S. influence. Its importance to a study of Mexican history cannot be overstated.
Constitutional principles at the core of the United States government divide authority between market and state and within the structure of the state itself. This diffusion of authority is valuable because it defends against the excesses of national government, causing federal policy initiatives to be more attuned to the concerns of local jurisdictions, and creating a context in which free enterprise may flourish.
However, this diffusion of authority weakens the control that federal officials enjoy over resources vital to the implementation of national policy. To implement their plans, federal policy formulators must often call upon autonomous participants such as state or local governments, advocacy groups, or commercial interests. When federal policy challenges the perspectives, interest, or priorities of these participants, they become reluctant partners. These implementation participants enjoy substantial autonomy, making their cooperation in pursuit of federal policy goals uncertain and difficult to achieve. How, then, can the federal government secure the cooperation it needs to implement policy when the act of implementation empowers potential adversaries?
Reluctant Partners explores these problems and proposes strategies to reduce the impediments to cooperation and promote policy coordination. Drawing upon theories of regime development and cooperation, Stoker suggests the “implementation regime framework” to analyze the difficulties of realizing cooperation in the implementation process. The framework is illustrated with numerous vignettes and two extensive case studies: the National School Lunch Program and federal nuclear waste disposal policy.
This book examines patterns of environmental regulation in the European Union and four federal polities--the United States, Germany, Australia, and Canada. Daniel Kelemen develops a theory of regulatory federalism based on his comparative study, arguing that the greater the fragmentation of power at the federal level, the less discretion is allotted to component states. Kelemen's analysis offers a novel perspective on the EU and demonstrates that the EU already acts as a federal polity in the regulatory arena.
In The Rules of Federalism, Kelemen shows that both the structure of the EU's institutions and the control these institutions exert over member states closely resemble the American federal system, with its separation of powers, large number of veto points, and highly detailed, judicially enforceable legislation. In the EU, as in the United States, a high degree of fragmentation in the central government yields a low degree of discretion for member states when it comes to implementing regulatory statutes.
Over the course of the nation’s history, the Constitution has been turned upside-down, Michael Greve argues in this provocative book. The Constitution’s vision of a federalism in which local, state, and federal government compete to satisfy the preferences of individuals has given way to a cooperative, cartelized federalism that enables interest groups to leverage power at every level for their own benefit. Greve traces this inversion from the Constitution’s founding through today, dispelling much received wisdom along the way.
The Upside-Down Constitution shows how federalism’s transformation was a response to states’ demands, not an imposition on them. From the nineteenth-century judicial elaboration of a competitive federal order, to the New Deal transformation, to the contemporary Supreme Court’s impoverished understanding of constitutional structure, and the “devolution” in vogue today, Greve describes a trend that will lead to more government and fiscal profligacy, not less. Taking aim at both the progressive heirs of the New Deal and the vocal originalists of our own time, The Upside-Down Constitution explains why the current fiscal crisis will soon compel a fundamental renegotiation of a new federalism grounded in constitutional principles.
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