Full Description
Environmental law expert Lowell E. Baier reveals how over centuries the federal government slowly preempted the states' authority over managing their residential wildlife. Baier describes how state authority over its resident wildlife established in the 1600s for the food security of its citizens, has slowly eroded under the pressures of nationalism driven by the forces of industry, commerce and technology; how federalism has become unbalanced; and, how preemption became the legal tool used to extend the reach of the federal government invading state sovereignty over its resident and migratory wildlife. In doing so, he educates elected officials, wildlife students, and environmentalists in the precedents that led to the current state of wildlife management, and how a constructive environment can be fostered at all levels of government to improve our nation's wildlife and biodiversity.
Contents
List of Illustrations xi
Guide to Acronyms, Constitutional Provisions, and Terms xiii
Foreword xvii
Preface xxi
1 From the Mayflower Compact to the US Constitution, 1620-1789 1
2 Defining the New Government and the Separation of Powers, 1789-1835 10
3 Westward Expansion, the First Industrial Revolution, Dual Sovereignty, and the Public Trust Doctrine, 1835-1861 16
4 The Civil War, Reconstruction, the Advent of the Second Industrial Revolution, the Enduring Public Trust Doctrine, and State Ownership of Wildlife, 1861-1896 24
5 America's Changing Culture: Market Hunting, the Lacey Act, the Migratory Bird Treaty Act, and the Beginning of the Progressive Era, 1896-1910 32
6 The Ethos of the Industrial Revolution Drives the Progressive Movement into America's Social Fabric and Laws, 1910-1919 42
7 Prohibition and Reform: The Emergence of the Administrative State, 1919-1933 55
8 The Great Depression, FDR's New Deal, and a "New" Supreme Court Overwhelms States' Rights, 1933-1941 65
9 The Competi
