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Federalism and Foreign Affairs in 1960s Civil Rights Reform |
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Abstract:
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Federalism and Foreign Affairs in 1960s Civil Rights Reform
Mary L. Dudziak
University of Southern California Law School
This essay argues that a central issue in the history of federalism in the United States in the 20th century was the role of the U.S. in world politics, and the impact of international affairs on domestic constitutional development. The essay examines this issue through the example of the impact of international affairs on federalism in the civil rights context in the 1960s, focusing on arguments about foreign affairs in the debate over the Civil Rights Act of 1964. The historical record illustrates that one of the reasons President Kennedy supported a civil rights bill in 1963, and Congress passed it in 1964, was that race discrimination harmed the image of the U.S. in the world, which harmed U.S. foreign relations. In the context of the Cold War, perceived as a battle for the hearts and minds of the peoples of the world, the U.S. international image was thought to have great repercussions for U.S. national security. The paper does not argue that Congress explicitly drew upon foreign affairs powers in passing the Civil Rights Act. Instead it suggests that national security was part of the calculus when Congress weighed the importance of the national interests at stake in civil rights reform, and that assessment of the national interest must be kept in mind when examining the impact of civil rights reform on federalism. The impact of national security on federalism and the scope of federal power was not a new issue in the 1960s, for national security considerations underlay the virtual elimination of federalism as a limit on the Commerce Power during World War II. In these and other contexts, international affairs influenced the trajectory of federalism in 20th century American constitutional history. In this context and elsewhere, there is an international history to the story of “domestic” American law. |
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right (109), civil (101), nation (49), u.s (48), state (44), foreign (43), american (42), discrimin (32), power (31), presid (29), congress (29), kennedi (28), rusk (28), would (28), feder (27), unit (27), act (25), world (25), 1963 (24), relat (24), agenc (23), |
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Association:
Name: American Political Science Association URL: http://www.apsanet.org
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Citation:
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MLA Citation:
| Dudziak, Mary. "Federalism and Foreign Affairs in 1960s Civil Rights Reform" Paper presented at the annual meeting of the American Political Science Association, Hilton Chicago and the Palmer House Hilton, Chicago, IL, Sep 02, 2004 <Not Available>. 2009-05-26 <http://www.allacademic.com/meta/p59413_index.html> |
APA Citation:
| Dudziak, M. , 2004-09-02 "Federalism and Foreign Affairs in 1960s Civil Rights Reform" Paper presented at the annual meeting of the American Political Science Association, Hilton Chicago and the Palmer House Hilton, Chicago, IL Online <.PDF>. 2009-05-26 from http://www.allacademic.com/meta/p59413_index.html |
Publication Type: Conference Paper/Unpublished Manuscript Review Method: Peer Reviewed Abstract: Federalism and Foreign Affairs in 1960s Civil Rights Reform
Mary L. Dudziak
University of Southern California Law School
This essay argues that a central issue in the history of federalism in the United States in the 20th century was the role of the U.S. in world politics, and the impact of international affairs on domestic constitutional development. The essay examines this issue through the example of the impact of international affairs on federalism in the civil rights context in the 1960s, focusing on arguments about foreign affairs in the debate over the Civil Rights Act of 1964. The historical record illustrates that one of the reasons President Kennedy supported a civil rights bill in 1963, and Congress passed it in 1964, was that race discrimination harmed the image of the U.S. in the world, which harmed U.S. foreign relations. In the context of the Cold War, perceived as a battle for the hearts and minds of the peoples of the world, the U.S. international image was thought to have great repercussions for U.S. national security. The paper does not argue that Congress explicitly drew upon foreign affairs powers in passing the Civil Rights Act. Instead it suggests that national security was part of the calculus when Congress weighed the importance of the national interests at stake in civil rights reform, and that assessment of the national interest must be kept in mind when examining the impact of civil rights reform on federalism. The impact of national security on federalism and the scope of federal power was not a new issue in the 1960s, for national security considerations underlay the virtual elimination of federalism as a limit on the Commerce Power during World War II. In these and other contexts, international affairs influenced the trajectory of federalism in 20th century American constitutional history. In this context and elsewhere, there is an international history to the story of “domestic” American law. |
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| Document Type: |
.PDF |
| Page count: |
23 |
| Word count: |
7074 |
| Text sample: |
| Federalism and Foreign Affairs in 1960s Civil Rights Reform Panel on Democratization: American Politics as a Comparative Case American Political Science Association Annual Meeting 2004 Mary L. Dudziak Judge Edward J. and Ruey L. Guirado Professor of Law and History University of Southern California Law School THIS IS A DRAFT. Do not quote cite or reproduce without permission of the author. Please direct comments and queries to: mdudziak@law.usc.edu. copyright Mary L. Dudziak © 2004 Prepared for delivery at the |
| these years see e.g. Cushman White Leuchtenburg etc. 33 See Mary L. Dudziak "`Wheat Farmers and the Battle for Democracy ': Another Look at Wickard v. Filburn" (unpublished paper). On the Court and World War II see Urofsky etc. Supreme Court Historical Review; Murphy Primus Ernst etc. 22 expansion of American power at home as well as internationally. From economic policy to civil rights "domestic" questions were examined from a perspective informed by international concerns. There was no border |
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