State Action and Constitutional Containment

Author(s):  
Jud Mathews

This chapter explores the U.S. Supreme Court’s use of, and departures from, the state action rule. It begins by reconstructing the state action rule’s origins in the Civil Rights Cases. From the late nineteenth century onward, the state action rule served as a constitutional containment device, bolstering the Court’s monopoly over constitutional interpretation and eliminating uncomfortable questions about what rights meant for the ordering of American society. A changing political context and the emergence of new normative demands in the twentieth century put this regime under pressure, which the Court managed through a series of strategic evasions of the state action rule, even while pledging fealty to it.

2016 ◽  
Vol 44 ◽  
pp. 101-131
Author(s):  
Brian J. Yates

Abstract:Despite its present ethnic federalism, Ethiopian history has been marked by provincial or cultural identities, which twentieth century notions of identity have obscured. This essay gives three major reasons why ethnicity is not an effective lens to understand Ethiopia’s complex history. One, there is no agreement among either popular and academic writers on what ethnic identities in Ethiopia represents, either currently or historically. Two, a focus on ethnicity obscures the rationale behind the actions of the state and key actors during the nineteenth century. Three, an ethnic lens brings much needed scholarly attention away from key moments in the nineteenth century.


2019 ◽  
Vol 124 (4) ◽  
pp. 1278-1289 ◽  
Author(s):  
Elizabeth LaCouture

Abstract This article examines knowledge about “domesticity” in China in the late nineteenth and early twentieth centuries and argues against the naturalization of Euro-American historiographical frameworks around “domesticity.” “Domesticity” was not a Chinese concept: although Confucianism had long connected the household to the state through ideology and prescriptive practices, Anglo-American ideas about “domesticity” were translated into Chinese first by way of Japan in the late nineteenth century, and second by way of American missionary educators in the twentieth century. “Domesticity” did not translate easily into Chinese, however; neither the ideology nor its pedagogical practices ever became popular in China. The history of translating “domesticity” into Chinese thus reveals that Euro-American historiographical terms that were once thought to be universal map poorly onto other places and suggests that we need more inclusive frames for comparative gender history.


Author(s):  
Charlotte Greenhalgh

Researchers and policymakers became increasingly interested in improving the lives of older Britons over the course of the twentieth century. Expert attention was first drawn to the particular poverty of the elderly during the late nineteenth century. Charles Booth both surveyed elderly paupers and argued for state pensions (introduced in Britain in 1908) in order to alleviate their poverty. Subsequently, the growing popularity of psychology encouraged greater attention to the private lives of the aged. Postwar reformers contributed to the expansion of welfare services for older Britons after 1945 and aimed to improve their inner lives. Yet many researchers still omitted the testimony of the old from their studies. Postwar research became skewed towards problems that the state welfare system could solve.


Author(s):  
Andrew Denson

This chapter provides an overview of removal-era Cherokee history. It recounts the rise of the Indian removal policy and the state of Georgia's campaign to compel the Cherokee Nation to negotiate a removal treaty. It describes Cherokee resistance to removal and the experience of the "Trail of Tears." It also offers a brief narrative of Cherokee Nation history after removal, while explaining the emergence of the Eastern Band of Cherokee Indians in North Carolina. The chapter ends by describing several ways in which Cherokees and non-Indians employed the memory of removal in writings from the late nineteenth century. These writings established themes later broadcast by twentieth century commemorations.


Author(s):  
Robert Wuthnow

This chapter focuses on a turbulent period in the late nineteenth century, as Texas was in the midst of one of the most important and hotly contested elections in its history. In compliance with an act of the U.S. Congress and by proclamation of President Ulysses S. Grant, the election ran from November 30 through December 3, 1869. It was held to determine whether the state would ratify a new constitution that complied with the Reconstruction laws of Congress and thus be reincorporated into the United States as a state in good standing. The situation was complicated by the murder of a well-respected businessman named B. W. Loveland. A witness claimed to have seen a black man in the vicinity of the store with what appeared to be bloodstains on his pants. Other witnesses claimed they had heard and seen nothing. Religion's place would be well illustrated both in the election itself and in the outcome of the Loveland murder investigation. Two members of the clergy in particular, one a white Methodist preacher and the other a black Baptist pastor, would quietly show the complex results that could occur when race and religion mingled with politics.


2019 ◽  
Vol 5 (2) ◽  
pp. 384-411
Author(s):  
Peter Gatrell

This article addresses the role played by Western non-governmental organisations (NGOs) in managing migration, with particular regard to refugees and refugee policy in the modern era. A commitment to the support and welfare of refugees has been a core component of the activity of many NGOs since the late nineteenth century. But this humanitarian purpose cannot be divorced from the prevailing refugee regime. The state acted as gatekeeper, determining who was recognised and protected as a refugee. The issue of funding available to NGOs is also closely linked to state-driven priorities. Nevertheless, NGOs are significant humanitarian actors in their own right. This article considers the proliferation of NGOs and their activities in the broad field of refugee relief. A focus on the evolution, rationale and differentiation of NGOs suggests that we can usefully think of them as enterprises of a distinct kind. Although they are not driven by profit motives, this article suggests that NGOs do have a business strategy in which their efficacy, innovation and accountability to donors are important considerations. It concludes by reaffirming the fundamental point that only in exceptional circumstances were NGOs seeking to assist refugees able to escape the fundamental constraints imposed by the state.


Rural History ◽  
2007 ◽  
Vol 18 (2) ◽  
pp. 183-200 ◽  
Author(s):  
SAMUEL GARRIDO

AbstractCooperatives began contributing to the modernisation of European agriculture in the late nineteenth century but the rate at which they developed varied according to countries, regions, and crops. In Spain a large number were set up before the 1936−9 Civil War but few actually became consolidated entities. This paper analyses the Spanish case in an attempt to find the keys to the success or failure of cooperation. It focuses especially on the role played by the state and on the attitude shown by the different segments of farmers towards cooperatives.


2007 ◽  
Vol 86 (2) ◽  
pp. 278-313 ◽  
Author(s):  
Philip Constable

This article examines the Scottish missionary contribution to a Scottish sense of empire in India in the nineteenth and early twentieth centuries. Initially, the article reviews general historiographical interpretations which have in recent years been developed to explain the Scottish relationship with British imperial development in India. Subsequently the article analyses in detail the religious contributions of Scottish Presbyterian missionaries of the Church of Scotland and the Free Church Missions to a Scottish sense of empire with a focus on their interaction with Hindu socioreligious thought in nineteenth-century western India. Previous missionary historiography has tended to focus substantially on the emergence of Scottish evangelical missionary activity in India in the early nineteenth century and most notably on Alexander Duff (1806–78). Relatively little has been written on Scottish Presbyterian missions in India in the later nineteenth century, and even less on the significance of their missionary thought to a Scottish sense of Indian empire. Through an analysis of Scottish Presbyterian missionary critiques in both vernacular Marathi and English, this article outlines the orientalist engagement of Scottish Presbyterian missionary thought with late nineteenth-century popular Hinduism. In conclusion this article demonstrates how this intellectual engagement contributed to and helped define a Scottish missionary sense of empire in India.


2021 ◽  
Vol 5 (2) ◽  
pp. 227-242 ◽  
Author(s):  
Henry Johnson

The late nineteenth century and early decades of the twentieth century saw the drum kit emerge as an assemblage of musical instruments that was central to much new music of the time and especially to the rise of jazz. This article is a study of Chinese drums in the making of the drum kit. The notions of localization and exoticism are applied as conceptual tools for interpreting the place of Chinese drums in the early drum kit. Why were distinctly Chinese drums used in the early drum kit? How did the Chinese drums shape the future of the drum kit? The drum kit has been at the heart of most popular music throughout the twentieth century to the present day, and, as such, this article will be beneficial to educators, practitioners and scholars of popular music education.


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