Hidden LawsPub Date : 2021-06-29DOI: 10.2307/j.ctv1pdrr0m.9
Robinson Woodward-Burns
{"title":"Welfare States, 1932–1979","authors":"Robinson Woodward-Burns","doi":"10.2307/j.ctv1pdrr0m.9","DOIUrl":"https://doi.org/10.2307/j.ctv1pdrr0m.9","url":null,"abstract":"This chapter recounts New Deal and Great Society constitutional development in three chronological steps. The first section outlines the labor and pension debates that gripped Congress and the Court through the 1930s and 1940s, noting how New Dealers built federal labor and welfare protections atop existing state constitutional wage, hours, and pension protections. The second section recounts a similar pattern of convergence as the NAACP, AFL, CIO, and other reform groups worked to amend state constitutions to repeal poll taxes and legislative malapportionment, affirming and elaborating federal Voting Rights Act (VRA) and federal court voting protections. Finally, as the 1973 Equal Rights Amendment failed, reformers entrenched gender equality through state constitutional reform, stifling further attempts at federal reform. In all three cases, state constitutional reform helped address and resolve national constitutional controversies.","PeriodicalId":161559,"journal":{"name":"Hidden Laws","volume":"63 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127564601","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Hidden LawsPub Date : 2021-06-29DOI: 10.2307/j.ctv1pdrr0m.6
Robinson Woodward-Burns
{"title":"Antebellum Consensus, 1792–1849","authors":"Robinson Woodward-Burns","doi":"10.2307/j.ctv1pdrr0m.6","DOIUrl":"https://doi.org/10.2307/j.ctv1pdrr0m.6","url":null,"abstract":"The chapter recounts how antebellum state constitution-making stabilized American politics. First, the chapter describes bank charter debates in Congress and the Supreme Court, explaining how President Andrew Jackson’s distribution of the national surplus to the states encouraged states to constitutionally charter and regulate banks, quieting controversy and discouraging federal amendment proposals on the topic. Second, the chapter shows how Jeffersonian congressmen pushed territorial slavery regulation on the states, with new Northern states constitutionally entrenching abolition and new Southern ones recognizing slavery, following congressional instruction, and preventing congressional intervention. Finally, Jeffersonian and Jacksonian state constitutional framers expanded popular election and the adult white male franchise, precluding suffrage and federal election reform amendments. State constitutionalism defused these three national controversies, guiding and stabilizing national political development.","PeriodicalId":161559,"journal":{"name":"Hidden Laws","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123636684","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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