Friday 29 April 2011

Nullification Doctrine

When nullification is spoken about, the most common point of reference is the nullification crisis of 1832. However, there is much more to nullification, other than just the crisis, which happened in the state of South Carolina. Before we turn towards the nullification doctrine, we will first try to understand the meaning of the word nullification. Nullification stands for the act of nullifying something. It can also be explained as making something null and void. Overriding the effect of something is also termed as nullification. Having understood the meaning of nullification, we will turn towards the doctrine itself.

Nullification Theory

The nullification doctrine states, that any U.S. State can rightfully nullify or invalidate any law passed by the federal government, which the state government deems unconstitutional. If one has to look at American history, it is clear that different sovereign states came together to form an Union. Since, the states together formed the Union, the final authority in regards to the deciding the limits of the power of the federal government rest with the state. In other words, the extent to which federal government can exercise their authority will be decided by the state governments. This was also called as compact theory. It is important to note, that any efforts by governments of any state to declare a federal law null and void have never been upheld. There is also an extreme case of assertion of sovereignty by the states, which is known as secession. In this, the state can decide to terminate its political affiliation with the Federal government.

Who was the Most Significant Proponent of the Nullification Doctrine?

The origin of the doctrine of nullification is said to be in the famous resolutions of Kentucky and Virginia. These resolutions were made in protest against the Alien and Sedition Acts. The foremost proponents of this doctrine were Thomas Jefferson and James Madison. They opined, the ultimate authority of interpreting the Constitution rests with the state governments. At the same time, the state government can interfere to protect the citizens of the state from the unconstitutional laws passed by the Federal government. Over a period of time, there were talks about secession after Jefferson’s party came to power and formed the Federal government. It is important to note, that the nullification doctrine came to be more associated with matters related to slavery.

John C. Calhoun gave out the most famous statement in regards to nullification. His words appeared in the South Carolina Exposition and Protest of 1828. The nullification crisis took place in 1832. In this year, South Carolina undertook upon itself to nullify the tariff of 1832 law passed by the Federal government. Then, there was an attempt by the northern states to block enforcement of the pro-slavery Federal Fugitive Slave Acts passed in 1793 and 1850. Although, the laws were not declared nullified, the actions were such that it nullified the effectiveness of the Federal law.

The nullification doctrine came up again in the 1950’s. It was in response to Supreme Court’s decision in Brown vs. Board of Education case. According to this ruling, it was decided that segregation of schools was illegal. Almost ten schools in the South undertook different measures, whereby they preserved the segregation and did not follow Brown. However, after the Supreme court ruling, which said, "the Brown decision can neither be nullified openly or directly by state legislators or state executive or judicial officers nor nullified indirectly by them through schemes for segregation", that there was a stop on nullification process.

From the discussion on nullification doctrine, we have seen in this write up, it is clear that steps taken by any of the state government to nullify any of the Federal law are going to be futile. Ultimately, the Federal law will prevail on the state governments and they will have to enforce the laws.

Alcohol Prohibition and the Criminal Underworld it Spawned

When considering the "Roaring Twenties" in the U.S., prohibition is perhaps the most relevant and interesting facet of that period of the nation’s history. Referred to by some as "The Noble Experiment," alcohol prohibition in the U.S. was pushed forward by temperance leagues around the nation and eventually codified by the federal government in the form of the 18th Amendment to the U.S. Constitution. The amendment was proposed by the U.S. Senate on December 18, 1917. After having been approved by 36 states, the 18th Amendment was officially ratified on January 16, 1919 after being vetoed by President Woodrow Wilson and subsequently went into effect on January 16, 1920.

Far from having the desired effect, however, prohibition did little or nothing to curb drinking in the country and, instead, spawned a rich, prosperous and violent criminal underworld that consisted of gangster who were all too happy to sell alcohol illicitly and at astronomical prices. It was during this era that some of the most infamous criminals in the history of the country first became prosperous and notorious.

Until about 1920, the U.S. mafia and other criminal groups had engaged primarily in gambling, prostitution and theft. After the 18th Amendment went into effect, however, it became increasingly profitable to smuggle liquor into the country from Canada and overseas, or to produce it in homemade "stills." The bootlegging, as the illegal production and distribution of alcohol came to be known, was made more profitable by watering down alcohol or substituting a portion of properly-manufactured alcohol with other alcoholic liquids.

In the largest cities in the U.S., "Speakeasies" came into being throughout the nation, leading to the enduring image of the "Roaring Twenties" in our collective minds. At the same time, notorious gangsters like Al Capone and his sworn enemy Bugs Moran made millions of dollars by fulfilling the nation’s desire for alcohol. It was the ongoing wars between gangsters during the 1920s that to this day defines the gangster era in the U.S. and that still are the subject of films made in the modern day. Capone himself controlled roughly 10,000 speakeasies in Chicago and was the de facto king of the bootlegging business from Florida to Canada. To stake his claim and maintain control of this illicit empire, Capone and his ilk engaged in bribery, murder, torture and many other forms of illegal and violent behavior that was, ultimately, much worse than the effects of alcohol had ever been on the nation.

As the Great Depression began, and people tended to turn toward drink as a way of metaphorically "drowning their sorrows," prohibition, previously lauded by most Americans, came under increasing scrutiny. When the St. Valentine’s Day Massacre occurred in 1929, it was the final straw in the public’s acceptance of prohibition. With the massacre the direct result of fighting between gangsters over the illegal liquor business, prohibition was on its last legs.

At long last, the 18th Amendment was overturned when President Franklin Roosevelt signed into law a new amendment - the 21st - on March 22, 1933. The new Cullen-Harrison Act allowed the manufacture and sale of alcoholic beverages, but to this day, it is illegal to manufacture distilled spirits without overcoming a wide variety of federal licensing requirements. It is the last remaining vestige of a well-meaning law that wrought havoc on the country in numerous ways, contrary to the intentions of its proponents.

Dawes Act

Ever wondered why the western part of USA is mostly agrarian? Well the roots (pun unintended) of this mode of economic development were laid way back in 1880's. Since then, or in fact agriculture was being done before that in the USA. But there was one thing particularly which led to a dramatic change in the agriculture scene in the USA. The person responsible for that was US Senator Henry L Dawes, from Massachusetts. This incident I am talking about in American history is the Dawes Act. This act was enacted in connection with the Native Americans. If this blast from the past interests you, then read on!

What Was the Dawes Act

Simply put, the act was enacted in relation to the native Americans and distribution of land to them, the ones especially in Oklahoma. Signed into law on February 8, 1887, the name is given after its sponsor, Henry Dawes, as mentioned before. Primarily, the act, passed by the Congress facilitated the division of lands held by tribal in individually-owned parcels. This opened 'surplus lands' to non-Indian settlements and rail road development. The Dawes Act of 1887 brought into focus 4 primary concepts and which were believed to be the objectives of this act.

Allotment of Land
Allotment of land in severalty to individual Indians was basic premise of this act. Under this, the remaining land was made available to settlers and orphans under the age of 18 and other single people under eighteen received 40 acres. Moreover, under this act, heads of families and single people over eighteen years were given allotments of 160 acres. The reasons for doing all this was to protect the native Indians from getting swindled.

Vocational Training
Another answer to what was the purpose of the Dawes Act is that this act aimed at a gendered training, involving farming and agriculture for men and homemaking for Indian women. All this was also an apparent attempt to civilize the native Americans.

Education
The Dawes Act provided for 'civilized' channel of education for native American children in government schools. This was so stringent that the troops took children away if there was resistance from parents. Moreover, boarding was preferred to ensure that the children get away from the tribal influence.

The Divine Intervention
According to Dawes Act, the churches were to intervene in policy making and missionary work related to the native Americans and near the tribes. Consequently a code of religious offense was established. In addition to this, the agents had the power and authority to convict red Indians if they practiced their religion.

So primarily these were the implications of the Dawes Severalty Act of 1887. Although some of these provisions seemed to be beneficial, some of the provisions clearly seemed to be atrocious and inflicting injustice on the tribals.

Aftermath of the Dawes Act

Just above I said that the American tribal experienced a lot of negativity as a result of this act, even if it emphasized on individual or private land ownership. The negativity marred the unity, culture and self government of the tribal community. The catch was that the land granted to the people was not adequate to provide financial security and it was not economically viable. Rather, the division of land amongst the heirs upon the death of the person being allotted the land, led to fractionalization. The allotment land, which for most part could be sold after 25 years was ultimately sold to non-native buyers at bargain prices. In addition to this, land marked as surplus, beyond what was left after allotment was opened to white settlers. However, the profits from the sales of these lands were many a times invested in programs meant to aid the American Indians.

The act, eventually was amended in 1891 and then once more again in 1906 by the Burke Act. That was all about the Dawes Act. This was just the Dawes Act summary. There were many repercussions and effects of this act, which have now been deeply buried in the pages of history. I close my treatise here!

Thursday 28 April 2011

Confederate Flag Meaning

The Confederate flag was used by some Confederate Army Units especially from the South. It was also known as the 'Rebel' or 'Dixie' flag which was more often than not confused and misinterpreted with the first National flag called as the 'Stars and Bars', though ironically the Stars and Bars has a completely different design as compared to the rectangular Confederate flag. The Confederate flag meaning has been a taboo for generations the USA, as many believe it represents 'White Supremacy', pro racism, slavery and hatred. Let us unravel the true meaning of the confederate flag and its mysteries.

Confederate Flag History
In order to know the actual Confederate flag meaning, it is necessary to understand why the Confederates needed to create a separate group. It all began with the presidential elections of 1860 when Abraham Lincoln and his Republican party campaigned for slavery to be curtailed and desist its expansion beyond the states in which slavery already existed. When the Republicans won the elections that year, 7 Southern states declared their rebellion against the anti slavery campaign. Colombia was the first state to declare it non-conformation against the anti slavery campaign, though this act was a combination of rebellion against the Northern stated from trying to enforce their overall political dominance upon the Southern states in general. They seceded before Abraham Lincoln took up the presidential office on March 4, 1861, this led to both the new president as well as the ex president James Buchanan to declare the act of the Southern states as violative of the US constitution and therefore illegal.

The concept of the confederate flag symbolism as depicted on the first Confederate flag (1862-1863) was to show the secession of the 11 Southern states from the Union and its declaration of unity to the Confederate. Later on 2 more states joined and the flag's design had to be changed, it took up the new design of the blue cross or X with 13 white stars in (1863-1865). The Confederate flag meaning was clear from the thirteen stars, which in actuality represented the total number of seceded Southern states or colonies, while the blue X represented their unified act of secession from the Union and other Northern states. This final act of rebellion is what led to the American Civil War from 1861 to 1865 which has been engraved as a part of its history. The Civil war was between all the Free states in the Union vs the Confederate States of America which was led by Senator Jefferson Davis who remained the president of the Confederate till the end of his time.

Though the Confederates lost the Civil war, it regained some minor popularity during the World War II. The flag became a local emblem among southern military units, for example one of the 26 United States Navy Cleveland-class light cruisers the USS Columbia (CL-56) adorned the Confederate flag as a battle insignia during the entire South Pacific war. This was done to pay tribute to the state of Columbia. This incident and a few more made the government declare that such acts were inappropriate and should not be practiced. The reason being firstly that the Confederate could not be used in place of the American flag. Secondly that the entire country was unitedly fighting in the World War II and not individual states who were exploiting and twisting the Confederate flag meaning to portray patriotism.

Controversy of the Confederate Flag
In modern times many Southerners still use the flag as they believe it represents the distinct development and uniqueness of the Southern culture. They believe its a part of their right to free speech and expression. Though the collateral damage the Confederate flag being displayed is that some feel disrespected and targeted racially. Symbols of the Confederacy are still in use and have become an issue of dispute that crops up every now and then across the United States. In the 1990s many Southern state legislatures attempted to allow the use of the Confederate flag as a part of its political and civic heritage as they consider it a part of the American history and do not view the flag as a representation of racism or any form of superiority.

Confederate Flag Meaning in Abroad
You would be surprised to know that the Confederate flag is often used as a symbol for culture and to display love for one's country. In Canada it is often used in Alberta. While in UK is represents the love for the American way of life, country music and line dancing. In Sweden the flag is the insignia of the 'Raggare' people who love to drive American auto mobiles and often follow their culture and lifestyle which is inspired from the 1940's to 1960's generation.

The Confederate flag meaning has been interpreted differently by different communities as well as different countries but the fact remains that it is still in use because it invokes strong emotional feelings. Whether positive or not may not be the defining issue. Many believe that the flag of Alabama, the recently changed flag of Georgia and the present flag of Mississippi are influenced by the Confederate flag. The flag of Mississippi represents the actual Confederate X on it, along with the blue, white and red stripes as the background. Though this flag was the choice of the citizens of Mississippi and the United States ratified their unified decision.

The Founding of Jamestown

The chosen location had its advantages like protection from Spanish ships, yet the most unwanted inconvenient was represented by the swamp waters as well as the terrible summer heat and last but certainly not least, the neighbors represented by the Powhatan Confederacy. We can ask ourselves why did these business men - most of whom, incidentally, claimed the title captain- came to the New World? Reasons varied, but many shared hopes, nurtured by the London Company, of achieving glory and quick fortunes- the same goals that had motivated the Spanish conquistadors a century earlier. Although some among this ambitious crowd looked for easy passage to the Pacific, most were obsessed with the search for gold.

In 1603, James I became king and he was eager to colonize North America. In 1606, he granted a charter to two companies of adventurers, one located in Plymouth and the other in London. In 1607, both of these companies established new colonies on the North American mainland. A fleet of three ships commanded by Christopher Newport - the flagship Susan Constant and two smaller escort vessels, the Discovery and the Godspeed- entered the Chesapeake Bay in May 1607, sailed up a river the colonists called the James, and thirty miles along, founded a settlement they called Jamestown. The site the colonists chose was a low, marshy peninsula jutting out into the river at a spot where the James narrowed considerably. One advantage of this location was its easy access to deep water; another was the protection it offered from Indian attacks. The London Company had made sure to carry aboard its ships experienced craftsmen - blacksmiths, carpenters, bricklayers, masons- who could accomplish the physical work necessary to build a permanent colony. These men were particularly important because another third of the 144 colonists who sailed to Virginia (104 survived the voyage) were, according to prevailing English standards, "gentlemen"- that is, they enjoyed at least some measure of wealth and status at home and considered their positions in the new settlement to be management rather than labor. They contributed little to the viability of Jamestown as a colony and generally refused to do anything, such as chopping down trees or plowing the soil that did not directly involve their private gain.

Good leadership was crucial, because the settlers faced grave problems: They had to construct defences against the Indians, they had to stockpile food for the winter, and they had to find something they could export to England so that the London Company would continue to support them.

Trouble with the Indians began early, because the Jamestown settlement encroached on some traditional hunting grounds. Most of the thirty or so tribes in the region that lay between the Potomac River and the Great Dismal Swamp belonged to what Thomas Jefferson later called the Powhatan Confederacy. Powhatan’s first personal contact with one of the Jamestown settlers came during the winter of 1607, when John Smith, who had been exploring the Chesapeake, was captured by Indians loyal to Powhatan and brought to the bark-covered house of the chief.

The colonists had had a difficult summer: once the heat set in, so did the epidemic diseases. Many colonists died, and those who didn’t were often too fatigued to work. The survival of Jamestown was now obviously in doubt, and food was the central concern. Therefore Smith, who had been deprived of his seat on the Jamestown governing council because of his excessive shipboard arrogance, proposed that he lead an expedition to find more trading partners. The leadership at Jamestown concluded that it had nothing to lose: If Smith returned with food, they would eat; if the Indians killed him, his death would be no loss. Although, Smith may have temporarily solved the colony’s Indian problem, Jamestown’s circumstances in early 1608 remained desperate.

Salvation came along with the discovery of tobacco and the financial gain that this product offered. Since 1619 Jamestown had exported 10 tons of tobacco to Europe and was a boom-town. The export was increasing to the extent that they were able to afford two imports which greatly improved their production and actually their whole life. Tobacco can well be credited with establishing Jamestown as the first permanent English colony in the New World.

What Was the Stamp Act

In the past couple of centuries, numerous laws and rules were quite stringent for the layman, especially under the rule of the British empire. Huge protests and strikes were common in the earlier centuries, especially when the interests of the peasants and laymen was in conflict. To understand 'what was the stamp act of 1765', we have to go back to the political situation that existed during the actual time of passing of the stamp act of 1765.

What Was the Stamp Act of 1765?
Under the ministry of George Grenville, the then Prime Minister of Great Britain, the British parliament proposed the stamp act on March 22, 1765, with an effective date of November 1. What was the stamp act about? The stamp act was the first direct tax levied in the American colonies. As per the rules of this direct tax, it was mandatory for all newspapers, pamphlets, legal documents, commercial documents, bills and all paper work issued in the jurisdiction of the American colonies, to bear a stamp. What was the stamp act for? It was to generate revenue for the British empire. The colonial people were to pay to the British empire, money in return of the embossed stamp on their documents, and that too, in British currency. It was not allowed to pay the taxes in American currencies. The embossed stamp manufacturing was done in London and brought to the American British colonies.

What Was the Stamp Act Crisis: Background
When George Grenville was elected as the prime minister, he had to deal with the national debt that was burdening the financial system of the British empire. Moreover, for reasons of colonial defense in North America, the British regime had to raise a strong army. All this required money and the newly formed prime minister, Mr. George, observed some ways to generate income. Since the political climate back home in Britain was not favorable for increasing tax rates, he introduced two acts in succession in the American colonies, under the British rule. Firstly, in April 1764, the Sugar Act was passed in the American colonies, which was initially not welcomed, but it didn't attract opposition from a large number of people. Following the sugar act, the stamp act was passed, and it was met with stiff resistance from the masses.

What Was the Stamp Act: Colonial Response
As the prime minister began aggressively hiring stamp agents for every colony, this act was opposed vehemently. The colonial leaders were worried about the losses the common man and professionals may have to bear due to the stamp act. Since they had been informed a year before, in the sugar act, about passing of the stamp act, they were already alarmed. The official announcement of passing of the stamp act just triggered the anger of civilians. Following reasons majorly caused the stamp act crisis in the American British colonies.

    * As per the stamp act, the admiralty courts was to handle people who won't pay the taxes. This was seen by people as a dominance of British parliament and diminishing of the power of colonial courts.
    * As per the 1689 English Bill of Rights, it was established that there must be no "taxation without representation". Since colonial people didn't have representation in British parliaments, it was a clear cut violation of their rights, as Englishmen.
    * Almost all colonies elected their own legislatures and so the tax laws introduced by British parliament was seen as a breach of the rights of colonial people.

Owing to stiff opposition, violence erupted in many colonies and some stamp agents were beaten by colonial people. The mob went a step ahead to attack government officials, businesses, buildings and houses of stamp agents. Unrest in public was followed by a "closed door" meeting of delegates of several colonies.

What Was the Stamp Act Congress
In June 1765, on a call by the Massachusetts Assembly, nearly nine colonies gathered for Stamp Act Congress in New York and the "Declaration of Rights and Grievances" was produced for all colonies. It was decided that they will oppose the stamp tax and won't step back. After October 1765, Lord Rockingham (successor of Grenville) realized it was important for British business and economy to repeal the act, as protests and strikes had already caused huge losses for the British government. Hence, the stamp act was repealed from the same day. The unrest in mobs subsided after few days of repealing the stamp act. However, numerous groups like Committees of Correspondence, Sons of Liberty, and System of Boycotts, were not dissolved, but colonies vouched to make them stronger to protest for any future taxes. The issue of "taxation without representation" also remained unheard and unresolved.

So did you get what was the stamp act? It was certainly a tiny shock wave for the British empire, probably a reminder of the larger American Revolution that was destined to occur. Many historians believe that the mass unity of American British colonies in things like the stamp act pushed the way for the greatest battle of freedom – the American revolution.