Rachel Shelden Profile picture
May 14, 2019 16 tweets 5 min read Read on X
Here's a little thread about #StateRights and #StatesRights that has been puzzling me. #Twitterstorians I am anxious for your insights! 1/
Nearly every book that considers the problem of state sovereignty uses the phrase "States' Rights" to describe this constitutional idea. "States' Rights" seems to be the preferred usage over "State's Rights" and "State Rights" in University Press guides as well 2/
But anyone familiar with political language in the mid-nineteenth century knows that people at that time more commonly used STATE Rights. Folks who favored more centralized power OR who claimed power for the states--in both South and North--talked about State Rights 3/
Just three examples of pamphlets from this period illustrate the point that people interested in the rights of states (for any reason!) used State Rights: 4/
George McDuffie's reflections on national and state power from 1831 refers to State Rights 5/ Image
John C. Calhoun's reprinting of the Virginia and Kentucky Resolutions in the 1830s similarly refers to State Rights 6/ Image
And even folks talking about issues other than slavery (fisheries!) discussed State Rights (not states' rights) 7/ Image
The oddity of this insistence on states' rights becomes even more apparent when quotations from the 19th c featuring state rights are positioned next to the author's discussion of states' rights--something that happens in nearly every book on the subject 8/
Sometimes you don't even need to get into the meat of the work to see the absurdity. See Michael Woods' (excellent!) article in the @JCWE1 "'Tell Us Something about State Rights': Northern Republicans, States' Rights, and the Coming of the Civil War" muse.jhu.edu/article/656479 9/
A little digging into the common usage of these terms may help explain a little bit. Google Ngrams shows how popular usage shifted from State Rights to State's Rights and finally States' Rights from the 19th to the mid-20th century 10/
Here's the Ngram for "State RIghts" (important to search case sensitive): 11/ Image
And the google Ngram for "State's Rights" 12/ Image
And finally the google Ngram for "States' Rights" 13/ Image
A more tangible example of how this term shifted is in its role in party names. In the 1830s, the GA anti-Jackson party called itself the State Rights Party, while the anti-Civil Rights party of the mid-20th century was the States' Rights Democratic Party (aka the Dixiecrats) 14/
So what gives? Why the change? Does this shift reflect a different understanding of how states relate to the federal government? Was there a shift from a state's indiv. relationship to federal power in the 19th c to a collective relationship with the federal govt in the 20th? 15/
Full disclosure: I'm just wrapping up a special issue on federalism for the @JCWE1 due to come out in December and, writing the introduction, have found this shift puzzling. We're going to use State Rights throughout but I'm anxious to hear what folks think is behind this. 16/16

• • •

Missing some Tweet in this thread? You can try to force a refresh
 

Keep Current with Rachel Shelden

Rachel Shelden Profile picture

Stay in touch and get notified when new unrolls are available from this author!

Read all threads

This Thread may be Removed Anytime!

PDF

Twitter may remove this content at anytime! Save it as PDF for later use!

Try unrolling a thread yourself!

how to unroll video
  1. Follow @ThreadReaderApp to mention us!

  2. From a Twitter thread mention us with a keyword "unroll"
@threadreaderapp unroll

Practice here first or read more on our help page!

More from @rachelshelden

Jul 6, 2023
This is good thread on the justices' sources in the Affirmative Action opinions & it hits on an important problem for professional historians appalled by this Court's use of history: the justices rely heavily on law review articles for their historical insight. 1/
Sometimes justices look at other sources from the era (leg debates, etc., along with previous cases), but they don't often read/cite good *scholarly interpretations* of sources in places like the AHR, the @JournAmHist or other journals like, say, the @JCWE1 for Reconstruction. 2/
Law reviews have a different purpose from history journals; even when they evaluate historical sources well, their primary concern is shaping legal interpretation. So the justices are absorbing history through a particular framework--one not grounded in the historical method. 3/
Read 9 tweets
Dec 21, 2022
It’s always worth reading David Blight and this is a thoughtful piece connecting the 1850s to today. But I think the emphasis on #SCOTUS—comparing Dred Scott in the 1850s and our modern reactionary Court—is misguided for a number of important reasons. nytimes.com/2022/12/21/mag… 1/
First, we can’t project the power and authority of today’s Supreme Court onto the past. In the 1850s, few believed #SCOTUS held ultimate authority over constitutional meaning; the people retained the right to define what the constitution meant. 2/
Reaction to the Dred Scott case in many places in the northern states reflected that skepticism of #SCOTUS authority by effectively rejecting the Court’s ruling, as Rob Baker’s terrific book on Wisconsin illustrates ohioswallow.com/book/The+Rescu… 3/
Read 8 tweets
Dec 19, 2022
This important @adamliptak piece describes how #SCOTUS is accumulating more and more power at the expense of...every other institution in U.S. politics. It's paywalled, but the article draws on really important work that isn't. 1/ nytimes.com/2022/12/19/us/…
Perhaps most important of these is @marklemley's: "The Imperial Supreme Court" in the Harvard Law Review: harvardlawreview.org/2022/11/the-im… on the accumulation of #SCOTUS's power over U.S. political institutions from Congress to the Presidency to state and federal courts. 2/
Liptak also cites Lee Epstein and Rebecca Brown on the Court's rulings on Executive Power: documentcloud.org/documents/2346… and @steve_vladeck on #SCOTUS taking up cases before federal appeals courts can rule on them ("certiorari before judgment"): 3/
Read 7 tweets
Sep 20, 2022
I know this is the myth that doesn't die, but there really was no Compromise of 1877. And the more we repeat this myth, the harder it is to see the most important similarity between 1876 & today: massive campaigns to suppress & intimidate Black voters.
@ebalexan and I have written about the problem with the Compromise myth here: washingtonpost.com/outlook/2021/1…
Read 5 tweets
Apr 11, 2022
Yang is rightly getting pilloried for this tweet, given the catastrophic effect Johnson had on Reconstruction and Black rights. But it's also worth pointing out what a poor analogy Lincoln's pop vote total & 19th-c. political parties more generally are to our 21st-c. politics. 1/
Unlike today, 19th-c. political parties were impermanent; they rose and died out as political issues changed and new coalitions formed. One consequence: it was *common* to have a 3- or 4-way race for the presidency. Lincoln was the 5th president not to win the popular vote. 2/
Choosing Johnson also was not some example of reaching across the aisle. First, bipartisanship was not a thing in the 19th c. Most partisans did not believe the other party was legitimate enough to compromise with or work with. (Cross-sectional cooperation was another matter.) 3/
Read 7 tweets
Dec 14, 2021
The memes my Constitutional History of the US to 1877 students made are too great not to share (with permission). Some of my favorites in this thread! The first inspired by @TheGNapp 1/
The students read Mary Bilder's terrific book, Madison's Hand and so they had a lot to say about Madison 2/
3/
Read 18 tweets

Did Thread Reader help you today?

Support us! We are indie developers!


This site is made by just two indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member ($3/month or $30/year) and get exclusive features!

Become Premium

Don't want to be a Premium member but still want to support us?

Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal

Or Donate anonymously using crypto!

Ethereum

0xfe58350B80634f60Fa6Dc149a72b4DFbc17D341E copy

Bitcoin

3ATGMxNzCUFzxpMCHL5sWSt4DVtS8UqXpi copy

Thank you for your support!

Follow Us!

:(