Federalism on Trial

Download Federalism on Trial PDF Online Free

Author :
Publisher : University Press of Kansas
ISBN 13 : 0700620893
Total Pages : 296 pages
Book Rating : 4.90/5 ( download)

DOWNLOAD NOW!


Book Synopsis Federalism on Trial by : Paul Nolette

Download or read book Federalism on Trial written by Paul Nolette and published by University Press of Kansas. This book was released on 2015-02-23 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: “It is one of the happy incidents of the federal system,” Justice Louis Brandeis wrote in 1932, “that a single courageous state may, if its citizens choose, serve as a laboratory, and try novel social and economic experiments without risk to the rest of the country.” It is one of the features of federalism in our day, Paul Nolette counters, that these “laboratories of democracy,” under the guidance of state attorneys general, are more apt to be dictating national policy than conducting contained experiments. In Federalism on Trial, Nolette presents the first broadscale examination of the increasingly nationalized political activism of state attorneys general. Focusing on coordinated state litigation as a form of national policymaking, his book challenges common assumptions about the contemporary nature of American federalism. In the tobacco litigation of the 1990s, a number of state attorneys general managed to reshape one of America’s largest industries—all without the involvement of Congress or the executive branch. This instance of prosecution as a form of regulation is just one case among many in the larger story of American state development. Federalism on Trial shows how new social policy regimes of the 1960s and 1970s—adopting national objectives such as cleaner air, wider access to health care, and greater consumer protections—promoted both “adversarial legalism” and new forms of “cooperative federalism” that enhanced the powers and possibilities open to state attorneys general. Nolette traces this trend—as AGs took advantage of these new circumstances and opportunities—through case studies involving drug pricing, environmental policy, and health care reform. The result is the first full account—far-reaching and finely detailed—of how, rather than checking national power or creating productive dialogue between federal and state policymakers, the federalism exercised by state attorneys general frequently complicates national regulatory regimes and seeks both greater policy centralization and a more extensive reach of the American regulatory state.

Contempt of Court

Download Contempt of Court PDF Online Free

Author :
Publisher : Anchor
ISBN 13 :
Total Pages : 440 pages
Book Rating : 4.69/5 ( download)

DOWNLOAD NOW!


Book Synopsis Contempt of Court by : Mark Curriden

Download or read book Contempt of Court written by Mark Curriden and published by Anchor. This book was released on 2001-02-20 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: A look at a 1906 Supreme Court decision that transformed justice in America examines the case of Ed Johnson, an African American man accused of raping a white woman, his lynching, and the response of the Supreme Court.

The Federalist Papers

Download The Federalist Papers PDF Online Free

Author :
Publisher : Read Books Ltd
ISBN 13 : 1528785878
Total Pages : 455 pages
Book Rating : 4.77/5 ( download)

DOWNLOAD NOW!


Book Synopsis The Federalist Papers by : Alexander Hamilton

Download or read book The Federalist Papers written by Alexander Hamilton and published by Read Books Ltd. This book was released on 2018-08-20 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.

Federalism as Seen by the U.S. Supreme Court

Download Federalism as Seen by the U.S. Supreme Court PDF Online Free

Author :
Publisher : Vandeplas Pub.
ISBN 13 :
Total Pages : 340 pages
Book Rating : 4.88/5 ( download)

DOWNLOAD NOW!


Book Synopsis Federalism as Seen by the U.S. Supreme Court by : Richard H. W. Maloy

Download or read book Federalism as Seen by the U.S. Supreme Court written by Richard H. W. Maloy and published by Vandeplas Pub.. This book was released on 2008 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Federalism is a form of government possessed and utilized by several countries of the world, including the United States of America. When the Constitution of the newly formed United States was framed in 1787 it provided that it and the laws of the United States which shall be made in pursuance thereof, shall be the supreme Law of the Land. Shortly thereafter, by the Tenth Amendment, it was specified that the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. Thus the Constitution itself posed for federalism an unanswered question how much power does the federal government the United States have, and how much power remains in the States? The Supreme Court of that country, which initially was the sole tribunal entrusted with its judicial power, over the four centuries during which it has existed wrestled with this seemingly eternal question virtually every day it is in session. It has analyzed, construed and applied the principles of federalism in decisions covering a wide spectrum of specialties. Professor Maloy, in this work, has referred to 500 of those decisions, dealing with thirty-eight specialties, including, but not limited to desegregation, domestic relations, labor relations and taxation. The cases range from the Court s first decision . Georgia v. Brailsford, decided in 1792 to its last decision, to date District of Columbia v. Heller, decided June 26, 2008. While the question how much power does the federal government the United States have, and how much power remains in the States? is not completely answered, as this book reveals, far more is known about American federalism in 2008 than in 1787. American federalism in a vibrant and dynamic country, such as the United States, may never be completely defined, but that is just one of its features which makes it fascinating to legal scholars. About the author: Professor Richard H.W. Maloy holds a Bachelor of Arts degree from Dartmouth College, a Juris Doctor degree from Columbia Law School, and a Master of Laws degree from the University of Miami. During his 34 years of law practice in Miami, Florida he was an Adjunct Professor of Law at the University of Miami and the author of books on appellate practice, pleadings and bankruptcy. For 25 years he continually updated his 14 volume set of Florida Forms of Practice for the law book publisher, Matthew Bender & Co. He has been on the faculty of St. Thomas University School of Law in Miami since 1991, and is a Professor Emeritus at that school, where he teaches Conflict of Laws and Remedies."

Debating Federalism

Download Debating Federalism PDF Online Free

Author :
Publisher : Lexington Books
ISBN 13 : 1498542883
Total Pages : 342 pages
Book Rating : 4.83/5 ( download)

DOWNLOAD NOW!


Book Synopsis Debating Federalism by : Aaron N. Coleman

Download or read book Debating Federalism written by Aaron N. Coleman and published by Lexington Books. This book was released on 2018-11-21 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: This reader includes documents selected to show the tension between federalism and concentrated sovereignty throughout American history. The book is accompanied by an introductory essay and additional annotations, and the editors argue that federalism was the Founding Fathers’ intended political system.

The Supreme Court's Federalism

Download The Supreme Court's Federalism PDF Online Free

Author :
Publisher : SAGE Publications, Incorporated
ISBN 13 :
Total Pages : 252 pages
Book Rating : 4.50/5 ( download)

DOWNLOAD NOW!


Book Synopsis The Supreme Court's Federalism by : Frank Goodman

Download or read book The Supreme Court's Federalism written by Frank Goodman and published by SAGE Publications, Incorporated. This book was released on 2001-03 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the last decade, the Supreme Court has handed down a remarkable series of decisions invalidating congressional legislation in the name of federalism or states' rights. Most of these were decided by a razor-thin majority of five justices. The cases fall into four categories. First, in two cases the Court reaffirmed and expanded the principle of state sovereign immunity. In a second pair of cases, the Court held that state governments (other than their courts) cannot be "commandeered" by Congress to assist in the enforcement of federal law. Third, for the first time since the early New Deal, the Curt, but the familiar 5-4 margin, invalidated a federal statute enacted pursuant to the interstate commerce clause. Finally, the Court adopted a new, and extremely demanding, standard of review for congressional action under Section 5 of the Fourteenth Amendment, which empowers Congress to "enforce" the amendment "by appropriate legislation." The 13 articles in this volume of The Annals deal with the various aspects of the Supreme Court's federalist revival and the principles underlying it. The first three articles discuss these principles in comprehensive terms. Each of the next three articles focuses on a particular aspect of the federalism principle or its judicial enforcement. These articles are followed by a contribution with regard to Congress' ability to escape the constitutional limitations of federalism by means of conditional grants under the spending clause. The next three articles point up alternative themes, purposes, or agendas in the Court's federalism decisions. Another two contributions focus on the anti-commandeering issue, but place that issue in a broader context. The final article illuminates, from several perspectives, the four-year-old federal habeas corpus statute (the Anti-Terrorism and Effective Death Penalty Act). The Supreme Court's recent decision in Bush v. Gore - issued shortly before this volume went to press - dramatically reverses the case and principles that are the subject of the articles in this volume. Perhaps the best justification for the Court's action is not legal but political. The majority justices - or some of them - may have looked down the road and seen a constitutional catastrophe in the making. Unfortunately, there is also a less benign explanation: one or more of the justices may have reached the conclusion that if the presidential outcome were going to be determined by an act of judicial will, it would be their will, and not that of the Florida Supreme Court.

Fiscal Federalism in Theory and Practice

Download Fiscal Federalism in Theory and Practice PDF Online Free

Author :
Publisher : International Monetary Fund
ISBN 13 : 9781557756633
Total Pages : 1146 pages
Book Rating : 4.35/5 ( download)

DOWNLOAD NOW!


Book Synopsis Fiscal Federalism in Theory and Practice by : Mrs.Teresa Ter-Minassian

Download or read book Fiscal Federalism in Theory and Practice written by Mrs.Teresa Ter-Minassian and published by International Monetary Fund. This book was released on 1997-09-10 with total page 1146 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past few decades, a clear trend has emerged worldwide toward the devolution of spending and, to a lesser extent, revenue-raising responsibilities to state and local levels of government. One view is that the decentralization of spending responsibilities can entail substantial gains in terms of distributed equity and macroeconomic management. The papers in this volume, edited by Teresa Ter-Minassian, examine the validity of these views in light of theoretical considerations, as well as the experience of a number of countries.

A Nation of States

Download A Nation of States PDF Online Free

Author :
Publisher : Taylor & Francis
ISBN 13 : 9780815334293
Total Pages : 464 pages
Book Rating : 4.9X/5 ( download)

DOWNLOAD NOW!


Book Synopsis A Nation of States by : Kermit L. Hall

Download or read book A Nation of States written by Kermit L. Hall and published by Taylor & Francis. This book was released on 2000 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: First Published in 2001. Routledge is an imprint of Taylor & Francis, an informa company.

Federalism, the Supreme Court, and the Seventeenth Amendment

Download Federalism, the Supreme Court, and the Seventeenth Amendment PDF Online Free

Author :
Publisher : Lexington Books
ISBN 13 : 9780739102862
Total Pages : 324 pages
Book Rating : 4.69/5 ( download)

DOWNLOAD NOW!


Book Synopsis Federalism, the Supreme Court, and the Seventeenth Amendment by : Ralph A. Rossum

Download or read book Federalism, the Supreme Court, and the Seventeenth Amendment written by Ralph A. Rossum and published by Lexington Books. This book was released on 2001 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: Abraham Lincoln worried that the "walls" of the constitution would ultimately be leveled by the "silent artillery of time." His fears materialized with the 1913 ratification of the Seventeenth Amendment, which, by eliminating federalism's structural protection, altered the very nature and meaning of federalism. Ralph A. Rossum's provocative new book considers the forces unleashed by an amendment to install the direct election of U.S. Senators. Far from expecting federalism to be protected by an activist court, the Framers, Rossum argues, expected the constitutional structure, particularly the election of the Senate by state legislatures, to sustain it. In Federalism, the Supreme Court, and the Seventeenth Amendment Rossum challenges the fundamental jurisprudential assumptions about federalism. He also provides a powerful indictment of the controversial federalist decisions recently handed down by an activist U.S. Supreme Court seeking to fill the gap created by the Seventeenth Amendment's ratification and protect the original federal design. Rossum's masterful handling of the development of federalism restores the true significance to an amendment previously consigned to the footnotes of history. It demonstrates how the original federal design has been amended out of existence; the interests of states as states abandoned and federalism left unprotected, both structurally and democratically. It highlights the ultimate irony of constitutional democracy: that an amendment intended to promote democracy, even at the expense of federalism, has been undermined by an activist court intent on protecting federalism, at the expense of democracy.

The Implosion of American Federalism

Download The Implosion of American Federalism PDF Online Free

Author :
Publisher : Oxford University Press
ISBN 13 : 9780195347975
Total Pages : 228 pages
Book Rating : 4.78/5 ( download)

DOWNLOAD NOW!


Book Synopsis The Implosion of American Federalism by : Robert F. Nagel

Download or read book The Implosion of American Federalism written by Robert F. Nagel and published by Oxford University Press. This book was released on 2002-11 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: At a time of unprecedented national power, why do so many Americans believe that our nationhood is fragile and precarious? Why the talk--among politicians, academics, and jurists--of "coups d'etat," of culture wars, of confederation, of constitutional breakdown? In this wide-ranging book, Robert Nagel proposes a surprising znswer: that anxiety about national unity is caused by centralization itself. Moreover, he proposes that this anxiety has dangerous cultural consequences that are, in an implosive cycle, pushing the country toward ever greater centralization. Carefully examining recent landmark Supreme Court cases that protect states' rights, Nagel argues that the federal judiciary is not leading and is not likely to lead a revival of the complex system called federalism. A robust version of federalism requires appreciation for political conflict and respect for disagreement about constitutional meaning, both values that are deeply antithetical to the Court's function. That so many believe this most centralized of our Nation's institutions is protecting, even overprotecting, state power is itself a sign of the depletion of those understandings necessary to sustain the federal system. Instead of a support for federalism, Nagel finds a commitment to radical nationalism throughout the constitutional law establishment. He traces this commitment to traditionally American traits like perfectionism, optimism, individualism, and legalism. Under modern conditions of centralization, these attractive traits are leading to unattractive social consequences, including tolerance, fearfulness, utopianism, and deceptiveness. They are degrading our political discourse. All this encourages further centralization and further cultural deterioration. This book puts the major federalism decisions within the framework of the Court's overall record, including its record on individual rights in areas like abortion, homosexuality, and school desegregation. And, giving special attention to public debate over privacy and impeachment, it places modern constitutional law in the context of political discourse more generally.