States' Rights and the Union: Imperium in Imperios, 1776-1876.
Constitutional Commentary › Vol. 18 Nbr. 1, March 2001
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States' Rights and the Union: Imperium in Imperios, 1776-1876.
STATES' RIGHTS AND THE UNION: IMPERIUM IN IMPERIO, 1776-1876. By Forrest McDonald. (1) University Press of Kansas. 2000. Pp. vii, 296. $29.95.
Much is said about the "sovereignty" of the States; but the word, even, is not in the national Constitution.... Abraham Lincoln (2) "[I]n the 1990s, as in the 1870s," Forrest McDonald observes, "states' rights had found a powerful friend but, given the five-to-four majority, still a fickle one." (p. 233) McDonald's new history of quarrels over federalism, then, comes at an opportune time. It is a useful introduction to the subject: a quick, lively read with well-chosen references. It lacks, however, the attention to detail and sensitivity toward political dynamics that characterized McDonald's earlier writings. The rhetoric of federalism, from 1776 to today, has often invoked the concept of sovereignty. This review will focus on McDonald's treatment of this key concept, both because of its intrinsic significance and because it illustrates some of the weaknesses of the book as a whole. At least three major theories of sovereignty have figured in American thought. The most nationalistic view was Lincoln's. According to Lincoln, the colonies declared independence as a collective body, which thereby succeeded to the sovereignty formerly held by the King. This national sovereignty always remained with the federal government throughout a series of governmental reorganizations (first the Articles of Confederation, then the Constitution). (4) (p. 9) The Union, Lincoln said in his most frequently cited statement of his position, "is older than any of the States; and, in fact, it created them as States" -- for before they formed the Union and collectively declared independence, they were mere "dependent colonies." (5) On this view, only the nation ever enjoyed sovereign status. A seco...See the full content of this document
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