Sean Beienburg's Books

Prohibition, the Constitution, and States' Rights

By: Sean Beienburg

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Prohibition, the Constitution, and States' Rights

By: Sean Beienburg

Colorado’s legalization of marijuana spurred intense debate about the extent to which the Constitution preempts state-enacted laws and statutes. Colorado’s legal cannabis program generated a strange scenario in which many politicians, including many who freely invoke the Tenth Amendment, seemed to be attacking the progressive state for asserting states’ rights. Unusual as this may seem, this has happened before—in the early part of the twentieth century, as America concluded a decades-long struggle over the suppression of alcohol during Prohibition. Sean Beienburg recovers a largely forgotten constitutional debate, revealing how Prohibition became a battlefield on which skirmishes of American political development, including the debate over federalism and states’ rights, were fought. Beienburg focuses on the massive extension of federal authority involved in Prohibition and the passage of the Eighteenth Amendment, describing the roles and reactions of not just Congress, the presidents, and the Supreme Court but political actors throughout the states, who jockeyed with one another to claim fidelity to the Tenth Amendment while reviling nationalism and nullification alike. The most comprehensive treatment of the constitutional debate over Prohibition to date, the book concludes with a discussion of the parallels and differences between Prohibition in the 1920s and debates about the legalization of marijuana today.

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Page Count

333

Publisher

University of Chicago Press

Published Date

ISBN 10

022663227X

ISBN 13

9780226632278

Progressive States' Rights

The Forgotten History of Federalism

By: Sean Beienburg

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Progressive States' Rights

The Forgotten History of Federalism

By: Sean Beienburg

Today, when politicians, pundits, and scholars speak of states’ rights, they are usually referring to Southern efforts to curtail the advance of civil rights policies or to conservative opposition to the federal government under the New Deal, Great Society, and Warren Court. Sean Beienburg shows that this was not always the case, and that there was once a time when federalism—the form of government that divides powers between the state and federal governments—was associated with progressive, rather than conservative, politics. In Progressive States’ Rights, Sean Beienburg tells an alternative story of federalism by exploring states’ efforts in the years before the New Deal of shaping constitutional discourse to ensure that a protective welfare and regulatory governmental regime would be built in the states rather than the national government. These state-level actors not only aggressively participated in constitutional politics and interpretation but also specifically sought to create an alternative model of state-building that would pair a robust state power on behalf of the public good with a traditionally limited national government. Current politics generally collapse policy and constitutional views (where a progressive view on one policy also assumes a progressive view on the other), but Beienburg shows that this was not always true, and indeed many of those most devoted to progressive policy views were deeply committed to a conservative constitutionalism.

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Page Count

352

Publisher

University Press of Kansas

Published Date

ISBN 10

0700636196

ISBN 13

9780700636198

Prohibition, the Constitution, and States' Rights

By: Sean Beienburg

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Prohibition, the Constitution, and States' Rights

By: Sean Beienburg

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N/A

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Solve jigsaw puzzle

Age

Page Count

333

Publisher

University of Chicago Press

Published Date

ISBN 10

022663213X

ISBN 13

9780226632131

Book's by Sean Beienburg

Prohibition, the Constitution, and States' Rights

Prohibition, the Constitution, and States' Rights

Progressive States' Rights

Progressive States' Rights

Prohibition, the Constitution, and States' Rights

Prohibition, the Constitution, and States' Rights

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