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The Transformation of American Federalism, 1848-1912.

Record Type:	Language materials, manuscript : Monograph/item
Title/Author:	The Transformation of American Federalism, 1848-1912./
Author:	Sorenson, Lance.
Description:	1 online resource (323 pages)
Notes:	Source: Dissertation Abstracts International, Volume: 79-08(E), Section: A.
Contained By:	Dissertation Abstracts International79-08A(E).
Subject:	American history. -
Online resource:	click for full text (PQDT)
ISBN:	9780355823127

The Transformation of American Federalism, 1848-1912.
Sorenson, Lance.

The Transformation of American Federalism, 1848-1912. - 1 online resource (323 pages)

Source: Dissertation Abstracts International, Volume: 79-08(E), Section: A.

Thesis (Ph.D.)--University of Nevada, Las Vegas, 2017.

Includes bibliographical references

United States expansion following the Mexican-American War served as the catalyst for a reinvention of American Federalism. While much of the historiography traces the accretion of sovereign power in the national government to events caused by the divisions between northern states and southern states, there is an important and understudied East to West component of the process by which sovereign boundaries changed. The American West is a legal space where the hazily defined and capacious concept of federalism received fuller form and clearer definition. During the late nineteenth century and first few years of the twentieth century, the United States modified and ultimately solidified three important relationships: (1) its relationship with Native American Tribes; (2) its relationship with territorial law and governance; and (3) its relationship to the land and natural resources.

Electronic reproduction.
Ann Arbor, Mich. :
ProQuest,
2018

Mode of access: World Wide Web

ISBN: 9780355823127Subjects--Topical Terms:

1179188
American history.
Index Terms--Genre/Form:

554714
Electronic books.

The Transformation of American Federalism, 1848-1912.
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100 1 $a Sorenson, Lance. $3 1190697
245 1 4 $a The Transformation of American Federalism, 1848-1912.
264 0 $c 2017
300 $a 1 online resource (323 pages)
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500 $a Source: Dissertation Abstracts International, Volume: 79-08(E), Section: A.
500 $a Adviser: David Tanenhaus.
502 $a Thesis (Ph.D.)--University of Nevada, Las Vegas, 2017.
504 $a Includes bibliographical references
520 $a United States expansion following the Mexican-American War served as the catalyst for a reinvention of American Federalism. While much of the historiography traces the accretion of sovereign power in the national government to events caused by the divisions between northern states and southern states, there is an important and understudied East to West component of the process by which sovereign boundaries changed. The American West is a legal space where the hazily defined and capacious concept of federalism received fuller form and clearer definition. During the late nineteenth century and first few years of the twentieth century, the United States modified and ultimately solidified three important relationships: (1) its relationship with Native American Tribes; (2) its relationship with territorial law and governance; and (3) its relationship to the land and natural resources.
520 $a The Framers of the Constitution, including those of the Fourteenth Amendment, acknowledged Native American tribal sovereignty. The power of tribes to police themselves remained relatively undisturbed until one particular specie of intra-tribal violence attracted the attention of Anglo-American authorities---witch killings. With the sensationalization and publication of witch killings, Native Americans were introduced to the Anglo-American criminal justice system. Since that time, the United States has severely curtailed Native American power to police and regulate their own tribes.
520 $a After the Civil War, the national government re-formulated territorial governance to assert greater control over areas of law, including common law, traditionally reserved to local sovereigns, and did so in the service of a nationalizing project. Concerned that local territorial citizens might re-assert their local laws following statehood, Congress placed increasingly stringent conditions on statehood for territories in the West.
520 $a Finally, the national government asserted robust powers not only over people in the West, but also over its most valuable natural resources---minerals, timber, water, and land. Whereas the national government had initially served as something akin to a real estate sales agent for the nation, ensuring that the public domain was disposed, it adopted a different role in the West---that of a Landlord.
520 $a All these changes necessitated new theories of federalism. Legal elites articulated these theories in Supreme Court cases, legal commentaries, and Congressional legislation. By the second decade of the twentieth century, the hazily defined federalism that had existed in flux had congealed.
533 $a Electronic reproduction. $b Ann Arbor, Mich. : $c ProQuest, $d 2018
538 $a Mode of access: World Wide Web
650 4 $a American history. $3 1179188
650 4 $a Native American studies. $3 1179522
650 4 $a Natural resource management. $3 1178831
655 7 $a Electronic books. $2 local $3 554714
690 $a 0337
690 $a 0740
690 $a 0528
710 2 $a ProQuest Information and Learning Co. $3 1178819
710 2 $a University of Nevada, Las Vegas. $b History. $3 1190698
773 0 $t Dissertation Abstracts International $g 79-08A(E).
856 4 0 $u http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=10687910 $z click for full text (PQDT)