Writs and Rights, “clashings and animosities”: The First Confrontation between Federal and State Jurisdictions

1989 ◽  
Vol 7 (1) ◽  
pp. 89-120
Author(s):  
Wythe Holt ◽  
James R. Perry
Keyword(s):  
New York ◽  
Federal Government ◽  
The State ◽  
Constitutional Convention ◽  
Heated Debate ◽  
Federal Structure

In the spring of 1789, officials elected under the Constitution met in New York to begin the work of organizing the new federal government. The federalists had won the battle for ratification, but the war to establish an accepted and respected federal structure was yet to be won. The opponents of centralized government had been subdued, but not conquered. Issues that had caused heated debate in the Constitutional Convention and in the state ratifying conventions lay just beneath the surface and could be revived easily. Any resurgence could shake the foundation of the new federal edifice.

scholarly journals The Politics of Administrative Law: New York's Anti-Bureaucracy Clause and the O'Brian-Wagner Campaign of 1938

2009 ◽  
Vol 27 (2) ◽  
pp. 331-372 ◽  
Author(s):  
Daniel R. Ernst
Keyword(s):  
New York ◽  
Federal Government ◽  
New Deal ◽  
Attorney General ◽  
Administrative Law ◽  
The State ◽  
National Scale ◽  
Constitutional Convention ◽  
Franklin Roosevelt ◽  
The New Deal

In April 1938 New York's first constitutional convention since 1915 convened in Albany. When it adjourned in late August, one of the amendments slated for a referendum that fall was an “anti-bureaucracy clause,” a provision that would greatly increase the New York courts' oversight of the state's agencies. Although voters rejected it, contemporaries saw the anti-bureaucracy clause as a harbinger of a national campaign against the New Deal. In September 1938 Charles Wyzanski, a former member of the Solicitor General's office, warned Attorney General Homer Cummings that the anti-bureaucracy clause was “the advance signal of an approaching partisan attack on a national scale.” Wyzanski was right: in early 1939 a bill endorsed by the American Bar Association's House of Delegates was introduced in Congress by Representative Francis Walter and Senator Marvel Mills Logan. Just as the New York provision “would have almost certainly destroyed the effectiveness of the state administrative agencies,” the New Dealer Abe Feller warned Cummings's successor, so would the Walter-Logan bill hamstring the federal government. When President Franklin Roosevelt vetoed the bill in December 1940, he declared it part of a national campaign that had begun with the anti-bureaucracy clause.

Towards a Theory of Taxation

1984 ◽  
Vol 2 (1) ◽  
pp. 161-173
Author(s):  
J. R. Lucas
Keyword(s):  
United States ◽  
New York ◽  
Federal Government ◽  
Multinational Corporations ◽  
District Of Columbia ◽  
The United States ◽  
The State ◽  
State Governments ◽  
The Cost ◽  
George Iii

“Towards a Theory of Taxation” is a proper theme for an Englishman to take when giving a paper in America. After all it was from the absence of such a theory that the United States derived its existence. The Colonists felt strongly that there should be no taxation without representation, and George III was unable to explain to them convincingly why they should contribute to the cost of their defense. Since that time, understanding has not advanced much. In Britain we still maintain the fiction that taxes are a voluntary gift to the Crown, and taxing statutes are given the Royal Assent with the special formula, “La Reine remercie ses bons sujets, accepte leur benevolence, et ainsi le veult” instead of the simple “La Reine le veult,” and in the United States taxes have regularly been levied on residents of the District of Columbia who until recently had no representation in Congress, and by the State of New York on those who worked but did not reside in the State, and so did not have a vote. Taxes are regularly levied, in America as elsewhere, on those who have no say on whether they should be levied or how they should be spent. I am taxed by the Federal Government on my American earnings and by state governments on my American spending, but I should be hard put to it to make out that it was unjust. Florida is wondering whether to follow California in taxing multinational corporations on their world-wide earnings.

Abuse of powers of impeachment in Nigeria

2010 ◽  
Vol 48 (2) ◽  
pp. 311-338 ◽  
Author(s):  
Mamman Lawan
Keyword(s):  
Federal Government ◽  
State Level ◽  
The State ◽  
Criminal Proceedings ◽  
The Face ◽  
Executive Officers ◽  
Federal Structure

ABSTRACTThe powers of impeachment provided under the Nigerian constitution provide a means of checking the excesses of certain executive officers who enjoy the privilege of constitutional immunity against civil or criminal proceedings while they remain in office. Instead of being invoked in appropriate circumstances, however, this article shows that these powers have been abused. It examines cases of impeachment at the state level during the Obasanjo administration and shows how constitutional provisions were flagrantly breached. It provides evidence that the federal government was complicit in such cases, even though under the federal structure by which Nigeria operates, impeachment at the state level is exclusively a state business. It argues that the abuses are a symptom of imbalance of power between the executive and the legislature as well as evidence of the limits of constitutionalism in the face of politics.

Anti-Suffragists at the 1894 New York State Constitutional Convention

2017 ◽  
Author(s):  
Susan Goodier
Keyword(s):  
New York ◽  
New York State ◽  
The State ◽  
Constitutional Convention ◽  
York State ◽  
Temporary Organizations ◽  
State Constitution ◽  
Conservative Women

This chapter explores the earliest attempts by conservative women to organize anti-suffrage activity. It was not until Susan B. Anthony and other suffragists conducted state tours in preparation for the New York State Constitutional Convention that anti-suffragists surprised suffragists by establishing temporary organizations to prevent the removal of the word “male” from the state constitution, and presented their views in opposition to enfranchisement and the protection of their existing rights. Their rhetoric developed out of the tradition of male anti-suffrage rhetoric, but the women articulated their own views of opposition to enfranchisement. Women who established these short-lived organizations laid the foundation for the women who established organizations in the next period of anti-suffrage.

Settler Colonialism and the Revolutionary War

2019 ◽  
Vol 41 (4) ◽  
pp. 7-35
Author(s):  
Andrea Lynn Smith
Keyword(s):  
New York ◽  
Settler Colonialism ◽  
Revolutionary War ◽  
The State ◽  
The Public ◽  
150Th Anniversary ◽  
End Point ◽  
Indian Land ◽  
Indian Relations ◽  
Major General

The centerpiece of New York State’s 150th anniversary of the Sullivan Expedition of 1779 was a pageant, the “Pageant of Decision.” Major General John Sullivan’s Revolutionary War expedition was designed to eliminate the threat posed by Iroquois allied with the British. It was a genocidal operation that involved the destruction of over forty Indian villages. This article explores the motivations and tactics of state officials as they endeavored to engage the public in this past in pageant form. The pageant was widely popular, and served the state in fixing the expedition as the end point in settler-Indian relations in New York, removing from view decades of expropriations of Indian land that occurred well after Sullivan’s troops left.

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