Download e-book for iPad: The Development of American Federalism by William H. Riker (auth.)

By William H. Riker (auth.)

ISBN-10: 9400932731

ISBN-13: 9789400932739

ISBN-10: 9401079692

ISBN-13: 9789401079693

The chapters of this booklet have diversified origins. They have been written over the interval 1954-1984. numerous (i.e., 3, 4, seven, and ten) have been initially released in scholarly journals. a number of (i.e., one, 8, 9, and 11) are excerpts from my earlier books: squaddies of the States and Federalism: beginning, Operation and value. and several other (i.e., , 5, and 6) have been written for meetings and at the moment are released the following for the 1st time. even though this historical past indicates they're really unrelated, those chapters do certainly middle on one subject: the continuity of yank federalism. so that it will emphasize that subject matter, i've got written an advent and an preliminary statement for every bankruptcy. those commen­ taries, taken jointly, with the creation, represent the exposition of the topic. a few of these chapters (four, six, and ten) have been written with my scholars, Ronald Schaps, John Lemco, and William Bast. They did a lot of the examine and research so the credits for those chapters belongs to them up to to me. bankruptcy 5 is predicated fairly heavily on William Paul Alexander's dissertation for the Ph. D. measure on the college of Rochester, 1973.

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He "opposed this power as likely to be terrible to the States, and not necessary if sufficient Legislative authority should be given to the Genl Government" (Farrand, 1964, vol. II, p. 27, 17 July 1787), and again he "was more and more opposed to the negative. The proposal would disgust all the States. A law that ought to he negatived will be set aside in the judiciary department and if that security should fail; may be repelled by a National law" (Farrand, 1964, vol. II, p. 28, 17 July 1787).

It reintroduced federalist features only incidentally and off-handedly. And thus, finally, residency, which even the framers thought of as mostly a trivial matter of personnel qualifications, turned out in an unanticipated way to strengthen the states almost more than any other provision. So federalism was preserved, but not on purpose. Although this reinvented federalism turned out to be highly successful, it is hardly possible to attribute its success to the prescience of the framers. They were mostly intent on centralizing at the expense of federalism, not on preserving federalism at the expense of centralization.

That the failure "results from the number and independent authority of the States," is "uniformly exemplified in every similar Confederacy," and is "permanently inherent ... [and) ... fatal to ... the present systcm") completely convey his hostility to federalism both in gcneral and to the American in particular. , Georgia's wars and treaties with the Indians, unlicensed compacts between Virginia and Maryland and between Pennsylvania and New Jersey, and Massachusetts troops raised to put down Shays) indicate that he wished to subordinate states even when they "encroached" in easily justifiable ways.

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