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Equality Without Vision

George P. Fletcher

in Our Secret Constitution: How Lincoln Redefined American Democracy

Published in print:
2003
Published Online:
November 2003
ISBN:
9780195156287
eISBN:
9780199872169
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195156285.003.0008
Subject:
Political Science, American Politics

This chapter discusses the paradoxical ways that the Civil War served to strengthen states’ rights. Abolition was countered in many states by the enactment of “the Black Codes”, undermining the ... More


The Revolution That Never Was

George P. Fletcher

in Our Secret Constitution: How Lincoln Redefined American Democracy

Published in print:
2003
Published Online:
November 2003
ISBN:
9780195156287
eISBN:
9780199872169
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195156285.003.0007
Subject:
Political Science, American Politics

This chapter addresses the problems arising from the clash of old and new ideologies during Reconstruction. Questions of federalism and states’ rights, and of equal protection and citizenship in ... More


Joseph Smith vs. John C. Calhoun: The States’ Rights Dilemma and Early Mormon History

James B. Allen

in Joseph Smith, Jr.: Reappraisals After Two Centuries

Published in print:
2009
Published Online:
January 2009
ISBN:
9780195369786
eISBN:
9780199871292
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195369786.003.006
Subject:
Religion, Religion and Society

This chapter begins with a discussion of the 1832 secession crisis involving South Carolina, reminding us that the popular violence enacted against the Mormons occurred in the immediate context of ... More


Driven from the House of Their Fathers: Southern Enclaves and the National Party, 1947–48

Robert Mickey

in Paths Out of Dixie: The Democratization of Authoritarian Enclaves in America's Deep South, 1944-1972

Published in print:
2015
Published Online:
October 2017
ISBN:
9780691133386
eISBN:
9781400838783
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691133386.003.0005
Subject:
Political Science, American Politics

This chapter examines President Harry S. Truman's commitment of the National Democratic Party to the cause of racial equality and the responses to them by Deep South authoritarian enclaves. It first ... More


The New Judicial Federalism

Robert F. Williams

in The Law of American State Constitutions

Published in print:
2009
Published Online:
February 2010
ISBN:
9780195343083
eISBN:
9780199866960
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195343083.003.0005
Subject:
Law, Constitutional and Administrative Law

This chapter discusses the evolution of the New Judicial Federalism, reflecting the realization that state constitutional rights provisions can provide, or be interpreted to provide, more rights than ... More


U.S. EXPANSION AND THE WOMAN QUESTION, 1870–1929

Allison L. Sneider

in Suffragists in an Imperial Age: U.S. Expansion and the Woman Question, 1870–1929

Published in print:
2008
Published Online:
May 2008
ISBN:
9780195321166
eISBN:
9780199869725
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195321166.003.0001
Subject:
History, American History: 19th Century, American History: 20th Century

This introductory chapter lays out the precise ways that U.S. expansion and empire raised the question of political rights for potential new citizens to the level of congressional debate. The ... More


A WELL-REGULATED MILITIA: THE ORIGINS OF THE SECOND AMENDMENT

Saul Cornell

in A Well-Regulated Militia: The Founding Fathers and the Origins of Gun Control in America

Published in print:
2006
Published Online:
September 2007
ISBN:
9780195147865
eISBN:
9780199788644
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195147865.003.0003
Subject:
History, American History: early to 18th Century

This chapter explores the development of a states's rights theory of the militia and the right to bear arms. Topics covered include debates during the Philadelphia convention, the right to bear arms ... More


Alternatives

WILLIAM DUSINBERRE

in Slavemaster President: The Double Career of James Polk

Published in print:
2008
Published Online:
January 2010
ISBN:
9780195326031
eISBN:
9780199868308
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195326031.003.0014
Subject:
History, American History: 19th Century

The South's response to the growth of an antislavery movement in the North proved disastrous to Southern white people. James Polk — the most powerful Southern politician in the late 1840s — imposed ... More


Sovereignty of the State, or the States?

Karen R. Merrill

in Public Lands and Political Meaning: Ranchers, the Government, and the Property between Them

Published in print:
2002
Published Online:
March 2012
ISBN:
9780520228627
eISBN:
9780520926882
Item type:
chapter
Publisher:
University of California Press
DOI:
10.1525/california/9780520228627.003.0005
Subject:
History, American History: 19th Century

This chapter investigates how the conflict over fees helped propel the political discussion of the public lands in new directions. It also presents the grazing debates, leading up to the passage of ... More


Epilogue: Slavery and the Civil War

WILLIAM DUSINBERRE

in Slavemaster President: The Double Career of James Polk

Published in print:
2008
Published Online:
January 2010
ISBN:
9780195326031
eISBN:
9780199868308
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195326031.003.0015
Subject:
History, American History: 19th Century

The self-destruction of the slave system from 1860 to 1865 cannot be attributed primarily to an eccentric group of South Carolina extremists. The real responsibility for secession was widespread ... More


Northern Indians and Negro Slaves: Wash and the Politics of Reconstruction

Claudio Saunt

in Black, White, and Indian: Race and the Unmaking of an American Family

Published in print:
2005
Published Online:
September 2007
ISBN:
9780195176315
eISBN:
9780199788972
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195176315.003.0007
Subject:
History, Social History

In the era of Reconstruction, the Creek Nation pursued a policy of states' rights in order to defend its sovereignty against the federal government. The Creeks' conflation of states' rights and ... More


The Governments of the States

Thomas Lundmark

in Power & Rights in US Constitutional Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195368727
eISBN:
9780199867530
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195368727.003.0004
Subject:
Law, Constitutional and Administrative Law

The first section of Subpart B covers the supremacy clause, which declares that federal law is “the supreme law of the land”. The discussion focuses on the issues of concurrent jurisdiction and ... More


Diplomatic and Consular Protection: the Rights of the State and the Rights of the Individual in the LaGrand and Avena Cases

Bernardo Sepúlveda-Amor

in From Bilateralism to Community Interest: Essays in Honour of Bruno Simma

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199588817
eISBN:
9780191725272
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588817.003.0068
Subject:
Law, Public International Law

Questions surrounding the rights of States and individuals under the Vienna Convention on Consular Relations (VCCR) have received significant attention from the International Court of Justice (ICJ) ... More


Czech-Slovak Relations in Czechoslovakia, 1918–1939

Jan Rychlík

in Czechoslovakia in a Nationalist and Fascist Europe, 1918–1948

Published in print:
2007
Published Online:
January 2012
ISBN:
9780197263914
eISBN:
9780191734359
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197263914.003.0002
Subject:
History, European Modern History

On October 28, 1918, the Czechoslovak state was proclaimed in Prague by the representatives of the main Czech political parties who formed the National Committee. In the proclamation addressed to the ... More


Virginia's Northern Strategy: Southern Segregationists and the Route to National Conservatism

George Lewis

in Painting Dixie Red: When, Where, Why, and How the South Became Republican

Published in print:
2011
Published Online:
September 2012
ISBN:
9780813036847
eISBN:
9780813043999
Item type:
chapter
Publisher:
University Press of Florida
DOI:
10.5744/florida/9780813036847.003.0006
Subject:
History, American History: 20th Century

In contradistinction to much received wisdom on the chronology of how the South became Republican, this chapter emphasizes the development of Republicanism at the state and local levels first—not the ... More


A Three-Pronged Approach to Human Rights Obligations of Non-State Armed Groups

Tilman Rodenhäuser

in Organizing Rebellion: Non-State Armed Groups under International Humanitarian Law, Human Rights Law, and International Criminal Law

Published in print:
2018
Published Online:
May 2018
ISBN:
9780198821946
eISBN:
9780191861109
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198821946.003.0008
Subject:
Law, Public International Law

Chapter 6 proposes a three-pronged approach to possible human rights obligations of armed groups by distinguishing between (i) human rights obligations of groups exercising quasi-governmental ... More


Which Federalism?: The Choice and the Stakes

Erin Ryan

in Federalism and the Tug of War Within

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199737987
eISBN:
9780199918652
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199737987.003.0001
Subject:
Law, Constitutional and Administrative Law

The introduction outlines the questions the book addresses, charts the course of the discussion, and introduces its theoretical approach. It lays out the book’s central argument that federalism is ... More


Martin Van Buren as Statesman: State Rights and the Rise of the “Free Soil” Party

Christian Esh

in Constitutionalism in the Approach and Aftermath of the Civil War

Published in print:
2013
Published Online:
January 2014
ISBN:
9780823251940
eISBN:
9780823253012
Item type:
chapter
Publisher:
Fordham University Press
DOI:
10.5422/fordham/9780823251940.003.0003
Subject:
History, American History: 19th Century

This chapter analyzes the political theory of “State Rights” within antebellum New York politics in three parts: (1) the early history of New York's republican theory of states as sharing concurrent ... More


The Enforcement of Underwater Cultural Heritage by Courts

Patrizia Vigni

in Enforcing International Cultural Heritage Law

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199680245
eISBN:
9780191760174
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199680245.003.0007
Subject:
Law, Public International Law

This chapter discusses the state's claim over cultural property found in the sea. It first identifies who, under international and domestic law, can legitimately claim rights with respect to cultural ... More


Launching the Equal Rights Movement

Hugh Davis

in We Will Be Satisfied With Nothing Less: The African American Struggle for Equal Rights in the North during Reconstruction

Published in print:
2011
Published Online:
August 2016
ISBN:
9780801450099
eISBN:
9780801463648
Item type:
chapter
Publisher:
Cornell University Press
DOI:
10.7591/cornell/9780801450099.003.0001
Subject:
History, American History: 19th Century

This chapter examines the factors that motivated northern African Americans to launch the equal rights movement and establish the National Equal Rights League (NERL) late in the Civil War. It also ... More


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