Monitoring American Federalism: The History of State Legislative Resistance

Monitoring American Federalism explores how state legislatures have attempted to be active partners in constitutional decision-making, particularly through interposition, which is the practice of opposing federal government decisions deemed unconstitutional. Though largely abandoned due to its association with nullification and the Civil War, recent interest reminds us that the federal government cannot run roughshod over states and that states lack legitimate power to nullify federal laws.

Format: Hardback
Length: 410 pages
Publication date: 26 January 2023
Publisher: Cambridge University Press

Monitoring American Federalism delves into some of the nation's most contentious debates, where state legislatures have sought to actively participate in the process of constitutional decision-making. Christian G. Fritz explores the concept of interposition, which involves states opposing federal government decisions that are deemed unconstitutional. This practice has been a powerful tool for monitoring the federal government and organizing resistance, dating back to the Constitution's ratification and continuing to this day, impacting issues such as gun control, immigration, and healthcare.

While interposition was once widely used, it was largely abandoned due to its association with nullification and the Civil War. However, recent interest in this topic serves as a reminder that the federal government cannot override states' rights, and that states do not possess the authority to nullify federal laws. This comprehensive appraisal of interposition breaks new ground in American political and constitutional history, offering valuable insights into preserving our constitutional system and democracy.

Interposition emerged as a response to concerns about the federal government's power and authority. During the early years of the United States, there were debates about whether the national government had the right to impose its laws on the states. Some states believed that they had the sovereign right to determine their own laws and regulations, regardless of what the federal government prescribed.

This belief led to the practice of interposition, where states would oppose federal government decisions that they believed were unconstitutional. State legislatures would pass laws or take other actions to block the implementation of federal laws within their borders. For example, during the Civil War, several states passed laws that nullified federal laws related to slavery, effectively declaring the institution legal within their jurisdictions.

Despite its historical significance, interposition has been criticized for undermining the federal government's authority and promoting states' rights at the expense of national unity. Some argue that interposition can lead to chaos and instability, as states compete with each other for power and control. Additionally, the practice has been seen as a threat to the democratic process, as it allows individual states to override the will of the majority.

Despite these criticisms, interposition remains a topic of debate and discussion in American politics. Some argue that it is an important tool for states to use to protect their interests and ensure that the federal government does not overreach its powers. Others argue that interposition is a relic of a bygone era and should be abandoned in favor of a more cooperative and harmonious relationship between the states and the federal government.

In conclusion, monitoring American Federalism provides valuable insights into the historical and contemporary debates surrounding interposition and the role of state legislatures in constitutional decision-making. While interposition has been a powerful tool for states to protect their interests, it has also been criticized for undermining the federal government's authority and promoting states' rights at the expense of national unity. As we navigate the challenges of the 21st century, it is important to consider the balance between states' rights and the needs of the national government and to work towards a constitutional system that promotes both democracy and stability.

Weight: 740g
Dimension: 235 x 158 x 28 (mm)
ISBN-13: 9781009325578