Notes on the Science of Government and the Relations of the States to the United StatesThe Lawbook Exchange, Ltd., 1995 - 171 páginas Minor, Raleigh C. Notes on the Science of Government and the Relations of the States to the United States. [Charlottesville]: University of Virginia, 1913. x, 171 pp. Reprinted 1995 by The Lawbook Exchange, Ltd. LCCN 99-047233. ISBN 1-886363-09-9. Cloth. $40. * Minor [1869-1923] was an author, publicist, and teacher of law at the University of Virginia. Minor was a pioneer in private international law or the conflict of laws. Here Minor presents a thorough overview of both government in general and the relationship of states to the federal government. Anyone interested in the question of states' rights debate that remains ongoing will find much of value in Minor's analysis of the legal status of the states and federal government under the Constitution. After developing the basic features of government, Minor elaborates upon the States Rights and Nationalistic schools of thought, drawing upon numerous Supreme Court cases and the writings of Story, de Tocqueville, Webster, Calhoun, Madison, and others. |
Contenido
| 1 | |
| 8 | |
Several Kinds or Degrees of Liberty | 16 |
cos | 21 |
IV Limitations upon Governmental Powers | 28 |
46 Protection against Tyrannical Numer | 47 |
CHAPTER III | 54 |
B The Principles of Initiative and Referendum | 61 |
Mr Calhouns Reply | 139 |
134 Ratification of Virginia 135 Madisons Report | 144 |
B The Secession Convention of a State Has No Greater Sovereign Power than Any Other State Constitutional Convention Nationalistic Argument 13... | 145 |
2 The Language of the Consti tution | 147 |
D The Constitution a Continuation of the Con federation | 148 |
The Organization of the Federal Govern ment 141 E The Ratification of the Constitution by the States | 149 |
A The Ratification by Virginia The Language of the Ratification 143 The Debates in the Virginia Convention | 155 |
B The Ratification by New York 145 F The Tenth Amendment to the Constitution Origin and Language of the Amendment | 158 |
CHAPTER IV | 73 |
B In the Executive Department | 81 |
A Requisites of Republican Form of Government | 83 |
B Meaning of the Term Guarantee | 89 |
CHAPTER V | 96 |
B The Reichstag or Lower House | 102 |
The Kentucky Resolutions of 1798 | 108 |
A The Political Independence of the Colonies | 114 |
B The Adoption of the Articles Only by | 121 |
E The United States Supreme Court | 123 |
A Direct Action of Federal Government | 130 |
The Reply of the States Rights School | 137 |
Argument for State Sovereignty Drawn Therefrom | 159 |
Reply of Nationalistic School 148 Rejoinder of States Rights School 149 G The Designed Perpetuity of the Union Nationalistic ArgumentTexas v W... | 161 |
States Rights Arguments 151 III Practical Bearings of the Nationalistic or the States Rights TheoriesDiscussion Outlined | 162 |
I Tendency to Strict or Liberal Construction of the Constitution 153 II Tendency to a Destruction of Checks and Balances | 163 |
III The Primary Allegiance of the Citizen | 168 |
IV Right of a State to Change Its Vote upon the Rat ification of an Amendment to the Constitution | 169 |
V The Right of Nullification 157 The Kentucky and Virginia Resolutions of 1798 | 171 |
The Revival of the Doctrine by Mr Calhoun | 172 |
General Disapproval of the Doctrine | 176 |
Statement of the Doctrine of Secession | 178 |
Secession Compared with Revolution | 184 |
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Términos y frases comunes
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