Federalism The Supreme Court And The Seventeenth Amendment

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

DOWNLOAD NOW!

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.

Author : Christopher P. Banks
Publisher : Rowman & Littlefield Publishers
ISBN 13 : 1442218584
Total Pages : 364 pages
Book Rating : 4.81/5 ( download)

DOWNLOAD NOW!

Download or read book The U.S. Supreme Court and New Federalism written by Christopher P. Banks and published by Rowman & Littlefield Publishers. This book was released on 2012-07-13 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional scholars Christopher P. Banks and John C. Blakeman offer the most current and the first book-length study of the U.S. Supreme Court’s “new federalism” begun by the Rehnquist Court and now flourishing under Chief Justice John Roberts. Using descriptive and empirical methods in political science and legal scholarship, and informed by diverse approaches to judicial ideology, from historical to new institutionalist, they investigate how the U.S. Supreme Court rulings have shaped the political principle of federalism. While the Rehnquist Court reinvorgorated new federalism by protecting state sovereignty and set new constitutional limits on federal power, Banks and Blakeman show that in the Roberts Court new federalism continues to evolve in a docket increasingly attentive to statutory construction, preemption, and business litigation. In addition, they analyze areas of federalism not normally studied by scholars such as religious liberty and foreign affairs.

Author : Various
Publisher : Simon and Schuster
ISBN 13 : 1627933999
Total Pages : 72 pages
Book Rating : 4.95/5 ( download)

DOWNLOAD NOW!

Download or read book The US Constitution Anti-Federalist Edition written by Various and published by Simon and Schuster. This book was released on 2013-12-06 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt: Collected here in one volume is the United States Constitution, with all of the Amendments, and seven important Ant-Federalist papers by writers such as Patrick Henry, Samuel Adams, and George Clinton. The Anti-Federalists were opposed to a strong federal government. They were concerned that if too much power was given to the federal government, states' rights would necessarily be eroded.

Author : Vicki C. Jackson
Publisher : Bloomsbury Publishing USA
ISBN 13 : 1440829969
Total Pages : 332 pages
Book Rating : 4.63/5 ( download)

DOWNLOAD NOW!

Download or read book Federalism written by Vicki C. Jackson and published by Bloomsbury Publishing USA. This book was released on 2013-09-09 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes the structure of our constitutional system of government, providing an overview of the constitutional history of American federalism as it has been developed in decisions of the United States Supreme Court. Federalism: A Reference Guide to the United States Constitution provides a thorough examination of this significant and distinctive part of the U.S. constitutional system, documenting its role in major domestic constitutional controversies in every period of American history. Although the book is organized historically rather than doctrinally, the marked evolutions of important areas of doctrine are addressed over time. These subject areas include the scope of Congress's power under the Commerce Clause, the scope of Congress's powers under the Fourteenth and other post-Civil War Amendments, the states' authority to regulate commercial and economic matters when Congress is silent, the principle of the supremacy of federal law and the law of preemption that follows from it, intergovernmental and sovereign immunities, the obligation of state courts to enforce federal law, and the scope of national power to regulate or impose obligations on the states.

Author : Mark Robert Killenbeck
Publisher : Rowman & Littlefield
ISBN 13 : 9780742518803
Total Pages : 214 pages
Book Rating : 4.09/5 ( download)

DOWNLOAD NOW!

Download or read book The Tenth Amendment and State Sovereignty written by Mark Robert Killenbeck and published by Rowman & Littlefield. This book was released on 2002 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the wake of the 2000 Election, the relationship between the Supreme Court and the American states has become more important. Once derided by the Supreme Court as a 'truism, ' the Tenth Amendment has in recent years been transformed from a neglected provision into a vital 'first principle.' As such, it has provided the foundation for a series of decisions in which the Supreme Court has elevated the status of the states, often at the expense of federal power and in the face of previously settled assumptions. In this important volume, four prominent scholars--two historians and two law professors--examine carefully one of the central tenets in the Supreme Court's recent Tenth Amendment jurisprudence: the assumption that the results fashioned by a narrow majority are compelled by history and consistent with the intentions of the framers. They shed important new light on a series of decisions that mark a major change in our thinking about the nature of a constitutional system within which both the federal government and the states properly regard themselves as sovereign entities.

Author : Kenneth R. Thomas
Publisher : DIANE Publishing
ISBN 13 : 1437938108
Total Pages : 29 pages
Book Rating : 4.04/5 ( download)

DOWNLOAD NOW!

Download or read book Federalism, State Sovereignty, and the Constitution written by Kenneth R. Thomas and published by DIANE Publishing. This book was released on 2011 with total page 29 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a print on demand edition of a hard to find publication. The lines of authority between states and the federal gov¿t. are, to a significant extent, defined by the U.S. Constitution and relevant case law. In recent years, however, the Supreme Court has decided a number of cases that would seem to re-evaluate this historical relationship. This report discusses state and federal legislative power, focusing on a number of these ¿federalism¿ cases. The report does not, however, address the larger policy issue of when it is appropriate ¿ as opposed to constitutionally permissible ¿ to exercise federal powers. Contents: Powers of the States; Powers of the Federal Gov¿t.; The Commerce Clause; The 14th Amendment; The 10th Amendment; 11th Amend. and State Sovereign Immunity; The Spending Clause; Conclusion.

Author : United States. Congress. Senate. Committee on Governmental Affairs
Publisher :
ISBN 13 :
Total Pages : 444 pages
Book Rating : 4.52/5 ( download)

DOWNLOAD NOW!

Download or read book Federalism written by United States. Congress. Senate. Committee on Governmental Affairs and published by . This book was released on 1999 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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

DOWNLOAD NOW!

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.

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

DOWNLOAD NOW!

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.

Author : Anthony J. Bellia Jr.
Publisher : Aspen Publishing
ISBN 13 : 1454887699
Total Pages : 765 pages
Book Rating : 4.90/5 ( download)

DOWNLOAD NOW!

Download or read book Federalism written by Anthony J. Bellia Jr. and published by Aspen Publishing. This book was released on 2017-01-10 with total page 765 pages. Available in PDF, EPUB and Kindle. Book excerpt: This exciting book by Anthony J. Bellia is a unique collection of legal and scholarly materials intended for use in a range of courses, including Constitutional Law, Federalism, Federalism History, Federalism Theory, and Comparative Federalism. The first book of its kind, Federalism spans traditional subject areas, which allows a deeper and richer treatment of the subject. Features: Considers federalism questions across subject areas Transcends lines drawn by courses such as Constitutional Law, Federal Courts, and Civil Procedure Enables fuller and richer treatment of the subject of federalism Includes primary historical and theoretical sources relating to legal development and enduring questions Increases understanding of constitutional doctrine and fosters interdisciplinary learning Presents foundational materials useful for a range of courses on federalism