Cindy wrote:Nice post, Mike. I know a fellow historian when I see one.
Cindy
Well, I was sucked into teaching AP US history about 6 years ago, but I've always liked history, so I went willingly. Besides, my area of expertise (ABD) is medieval lit, which means I'm at least half-historian anyway.
As I re-read my post though, too strident and not enough reference to things that would support my points! Ack,
I'm the guy I am constantly hassling!
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What areas did you focus on during your Master's work?
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Steve,
I'll add this. I think there's a real problem with invoking constitutionality in general, and that's because so much of what's done is done through interpretation of the constitution. Jefferson was hard-core enough to demand the Bill of Rights as
quid pro quo for accepting the newly strengthened federal gov't as presented in the Constitution. I think his credentials in terms of 'states rights' are as good as anyone's ever.
But even Jefferson, when president, discovered that absolute obedience to a constitutional ideal was easier said than done. When Marshall's Supreme Court supported Jefferson in
Marbury vs. Madison it was iffy on both sides. Marshall was a Federalist through and through; he would have preferred the Midnight Judges be seated, since they were an attempt by Adams to pack courts with Federalist-sympthetic judges.
Marshall knew though, that if he ruled in favor of the Midnight Judges, Jefferson might well stonewall and refuse to seat them, essentially undercutting the authority of the Supreme Court. Likewise, Jefferson had found that Federal authority was important to the role of the President. The decision served both sides well; though Adams' judges should probably have been seated, Jefferson got to place his own people instead, and by acknowledging the court's review and ultimately beneficial decision (to Jefferson, at least) Jefferson enabled the SCOTUS to assert Judicial Review as a privilege of the court (as it is nowhere stated in the Constitution that they had the right/authority to do so).
I'll conclude this by asking, Steve, if you're presenting a "states rights" argument that limits the role of the federal gov't in all but a few areas of local (understood: state) gov't? If so, I'm wondering if you're really in favor of giving up:
Disaster relief
Roads
Flood control
Education
and so on.
I'll give you an example: Here in California, there's a good deal of handwringing regarding education. There's not enough money, etc. But in fact there is. California is a net loser in federal dollars. We pay more in taxes than we get in services; but I don't really resent it, because that money goes to places that can't support themselves (West Virginia perhaps, or a variety of horrendously poor counties in the south) and pays for things like school lunches, clean drinking water or even electrical service. In return, those people serve our country in various ways. Left to themselves some states would flourish because of geographical fortune; others would wither due to local problems.
Case in point: Florida. Remember Hurricane Andrew? Remember all the other hurricanes that wreak havoc every year or two? If it weren't for that "gunpoint tax" you talk about on people like me, Florida would still look like it did the day after Andrew. The vast majority of money used to rebuild in places like that is federal, and not from the local economy.
I used to resent that sort of thing... after all, who lives in a place that nature tries to wipe off the map every couple of years? But teaching US History has given me a new-found respect for the depth of the Founder's understanding of human nature, and how to best bind men together. During the easy times, every man for himself works fine. It's when things are going badly that the quote so often attributed to Franklin ring truest:
"Gentlemen, we must all hang together or assuredly we shall hang separately."
Now I think it's not only my duty to extend help to those in need, but it's my
right.
E Pluribus Unum indeed.
Best,
Mike