front cover of American Taxation, American Slavery
American Taxation, American Slavery
Robin L. Einhorn
University of Chicago Press, 2006

For all the recent attention to the slaveholding of the founding fathers, we still know remarkably little about the influence of slavery on American politics. American Taxation, American Slavery tackles this problem in a new way. Rather than parsing the ideological pronouncements of charismatic slaveholders, it examines the concrete policy decisions that slaveholders and non-slaveholders made in the critical realm of taxation. The result is surprising—that the enduring power of antigovernment rhetoric in the United States stems from the nation’s history of slavery rather than its history of liberty.

            We are all familiar with the states’ rights arguments of proslavery politicians who wanted to keep the federal government weak and decentralized. But here Robin Einhorn shows the deep, broad, and continuous influence of slavery on this idea in American politics. From the earliest colonial times right up to the Civil War, slaveholding elites feared strong democratic government as a threat to the institution of slavery. American Taxation, American Slavery shows how their heated battles over taxation, the power to tax, and the distribution of tax burdens were rooted not in debates over personal liberty but rather in the rights of slaveholders to hold human beings as property. Along the way, Einhorn exposes the antidemocratic origins of the popular Jeffersonian rhetoric about weak government by showing that governments were actually more democratic—and stronger—where most people were free.

            A strikingly original look at the role of slavery in the making of the United States, American Taxation, American Slavery will prove essential to anyone interested in the history of American government and politics.

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front cover of Big Enough to Be Inconsistent
Big Enough to Be Inconsistent
Abraham Lincoln Confronts Slavery and Race
George M. Fredrickson
Harvard University Press, 2008

“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.

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front cover of The Fallacies of States' Rights
The Fallacies of States' Rights
Sotirios A. Barber
Harvard University Press, 2012

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.

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front cover of If It Takes All Summer
If It Takes All Summer
Martin Luther King, the KKK, and States' Rights in St. Augustine, 1964
Dan R. Warren, with foreword by Morris Dees
University of Alabama Press, 2008
This memoir recounts the struggle against segregation in St. Augustine, Florida, in the early and mid-1960s. In the summer of 1964 the nation’s oldest city became the center of the civil rights movement as Martin Luther King Jr., encouraged by President Johnson, a southerner, who made the civil rights bill the center piece of his domestic policy, chose this tourism-driven community as an ideal location to demonstrate the injustice of discrimination and the complicity of southern leaders in its enforcement.
 
St. Augustine was planning an elaborate celebration of its founding, and expected generous federal and state support. But when the kick-off dinner was announced only whites were invited, and local black leaders protested. The affair alerted the national civil rights leadership to the St. Augustine situation as well as fueling local black resentment.
 
Ferment in the city grew, convincing King to bring his influence to the leadership of the local struggle. As King and his allies fought for the right to demonstrate, a locally powerful Ku Klux Klan counter-demonstrated. Conflict ensued between civil rights activists, local and from out-of-town, and segregationists, also home-grown and imported. The escalating violence of the Klan led Florida’s Governor to appoint State Attorney Dan Warren as his personal representative in St. Augustine. Warren’s crack down on the Klan and his innovative use of the Grand Jury to appoint a bi-racial committee against the intransigence of the Mayor and other officials, is a fascinating story of moral courage. This is an insider view of a sympathetic middleman in the difficult position of attempting to bring reason and dialog into a volatile situation.
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front cover of Rivers by Design
Rivers by Design
State Power and the Origins of U.S. Flood Control
Karen M. O Neill
Duke University Press, 2006
The United States has one of the largest and costliest flood control systems in the world, even though only a small proportion of its land lies in floodplains. Rivers by Design traces the emergence of the mammoth U.S. flood management system, which is overseen by the federal government but implemented in conjunction with state governments and local contractors and levee districts. Karen M. O’Neill analyzes the social origins of the flood control program, showing how the system initially developed as a response to the demands of farmers and the business elite in outlying territories. The configuration of the current system continues to reflect decisions made in the nineteenth century and early twentieth. It favors economic development at the expense of environmental concerns.

O’Neill focuses on the creation of flood control programs along the lower Mississippi River and the Sacramento River, the first two rivers to receive federal flood control aid. She describes how, in the early to mid-nineteenth century, planters, shippers, and merchants from both regions campaigned for federal assistance with flood control efforts. She explains how the federal government was slowly and reluctantly drawn into water management to the extent that, over time, nearly every river in the United States was reengineered. Her narrative culminates in the passage of the national Flood Control Act of 1936, which empowered the Army Corps of Engineers to build projects for all navigable rivers in conjunction with local authorities, effectively ending nationwide, comprehensive planning for the protection of water resources.

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front cover of This Sovereign Land
This Sovereign Land
A New Vision For Governing The West
Daniel Kemmis
Island Press, 2001

In the eight states of the interior West (Arizona, Colorado, Idaho, Montana, Nevada, New Mexico, Utah, and Wyoming), 260 million acres -- more than 48 percent of the land base -- are owned by the federal government and managed by its Washington, D.C.-based agencies. Like many other peoples throughout history who have bristled under the controlling hand of a remote government, westerners have long nursed a deep resentment toward our nation's capital. Rumblings of revolution have stirred for decades, bolstered in recent years by increasing evidence of the impossibility of a distant, centralized government successfully managing the West's widespread and far-flung lands.

In This Sovereign Land, Daniel Kemmis offers a radical new proposal for giving the West control over its land. Unlike those who wish to privatize the public lands and let market forces decide their fate, Kemmis, a leading western Democrat and committed environmentalist, argues for keeping the public lands public, but for shifting jurisdiction over them from nation to region. In place of the current centralized management, he offers a regional approach that takes into account natural topographical and ecological features, and brings together local residents with a vested interest in ensuring the sustainability of their communities. In effect, Kemmis carries to their logical conclusion the recommendations about how the West should be governed made by John Wesley Powell more than a century ago.

Throughout, Kemmis argues that the West no longer needs to be protected against itself by a paternalistic system and makes a compelling case that the time has come for the region to claim sovereignty over its own landscape. This Sovereign Land provides a provocative opening to a much-needed discussion about how democracy and ecological sustainability can go hand in hand, and will be essential reading for anyone interested in the West and western issues, as well as for all those concerned with place-based conservation, public lands management, bioregionalism, or related topics.


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