The Us Supreme Court And The Centralization Of Federal Authority

Author : Michael A. Dichio
Publisher : SUNY Press
ISBN 13 : 1438472536
Total Pages : 296 pages
Book Rating : 4.39/5 ( download)

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Download or read book The US Supreme Court and the Centralization of Federal Authority written by Michael A. Dichio and published by SUNY Press. This book was released on 2018-11-01 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traces the US Supreme Court’s effect on federal government growth from the founding era forward. This book explores the US Supreme Court’s impact on the constitutional development of the federal government from the founding era forward. The author’s research is based on an original database of several hundred landmark decisions compiled from constitutional law casebooks and treatises published between 1822 and 2010. By rigorously and systematically interpreting these decisions, he determines the extent to which the court advanced and consolidated national governing authority. The result is a portrait of how the high court, regardless of constitutional issue and ideology, persistently expanded the reach and scope of the federal government. “Dichio takes a fairly unique approach to thinking about the relationship between the US Supreme Court and the development of the American state. Scholars interested in American political development and historical work on the law and the courts should grapple with the evidence on offer here.” — Keith E. Whittington, coauthor of American Constitutionalism, Second Edition

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

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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.

Author : Nicholas Theodore Aroney
Publisher : University of Toronto Press
ISBN 13 : 1487511485
Total Pages : 600 pages
Book Rating : 4.87/5 ( download)

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Download or read book Courts in Federal Countries written by Nicholas Theodore Aroney and published by University of Toronto Press. This book was released on 2017-04-24 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: Courts are key players in the dynamics of federal countries since their rulings have a direct impact on the ability of governments to centralize and decentralize power. Courts in Federal Countries examines the role high courts play in thirteen countries, including Australia, Brazil, Canada, Germany, India, Nigeria, Spain, and the United States. The volume’s contributors analyse the centralizing or decentralizing forces at play following a court’s ruling on issues such as individual rights, economic affairs, social issues, and other matters. The thirteen substantive chapters have been written to facilitate comparability between the countries. Each chapter outlines a country’s federal system, explains the constitutional and institutional status of the court system, and discusses the high court’s jurisprudence in light of these features. Courts in Federal Countries offers insightful explanations of judicial behaviour in the world’s leading federations.

Author : Bill Swinford
Publisher : Bloomsbury Publishing USA
ISBN 13 : 0313370931
Total Pages : 174 pages
Book Rating : 4.39/5 ( download)

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Download or read book Litigating Federalism written by Bill Swinford and published by Bloomsbury Publishing USA. This book was released on 1999-01-30 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: Waltenburg and Swinford provide a detailed and systematic examination of state government activity before the U.S. Supreme Court. They provide an explanatory model of state litigation behavior that both rests upon a solid theoretical perspective and places state decisions in a larger political context. After an examination of the evolution of U.S. constitutional law on issues of direct state concern, Waltenburg and Swinford focus most of their attention on qualitative and quanitative analyses of the behavior over time of states in all their roles before the Court. Scholars and other researchers interested in judicial decision-making, Constitutional Law, and inter-governmental relations will find this a particularly useful study.

Author : Christopher P. Banks
Publisher : Rowman & Littlefield
ISBN 13 : 0742535045
Total Pages : 363 pages
Book Rating : 4.46/5 ( download)

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Download or read book The U.S. Supreme Court and New Federalism written by Christopher P. Banks and published by Rowman & Littlefield. This book was released on 2012 with total page 363 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. 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

Author : John R. Schmidhauser
Publisher : UNC Press Books
ISBN 13 : 1469632470
Total Pages : 385 pages
Book Rating : 4.76/5 ( download)

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Download or read book The Supreme Court as Final Arbiter in Federal-State Relations, 1789-1957 written by John R. Schmidhauser and published by UNC Press Books. This book was released on 2016-06-01 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: In analyzing the Supreme Court's powers in federal-state relations, the author demonstrates that the framers of the constitution clearly intended that the Court should be the federal umpire, thus disproving a charge by modern states' righters of usurpation of power by the Supreme Court. In each historical period the effect of the Court interpretations on the autonomy of the state governments and on the acceleration of federal centralization is considered. Originally published in 1958. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.

Author : Joseph F. Zimmerman
Publisher : State University of New York Press
ISBN 13 : 0791477657
Total Pages : 268 pages
Book Rating : 4.56/5 ( download)

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Download or read book Contemporary American Federalism written by Joseph F. Zimmerman and published by State University of New York Press. This book was released on 2008-09-10 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traces the development of the American federal system of government, focusing principally on the shifting balance of powers between the national government and the states.

Author : Charles M. Lamb
Publisher : Springer Nature
ISBN 13 : 3030555755
Total Pages : 296 pages
Book Rating : 4.57/5 ( download)

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Download or read book Constitutional Landmarks written by Charles M. Lamb and published by Springer Nature. This book was released on 2020-12-01 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines leading Supreme Court decisions involving the powers of the Court, the president, and Congress, as well as cases addressing American federalism and Americans’ economic rights. By analyzing both the Court’s opinions and voting patterns from 1791 through 2018, this volume presents an overview of the role of the Supreme Court in the legal and political system of the United States throughout its entire history, regularly relying on Robert McCloskey’s theory of the nation’s three major constitutional eras and the Supreme Court Database in its organizational approach. Over 100 of the Supreme Court's most significant rulings, old and new, are covered and clarified in this volume to provide an objective, reliable, and valuable resource for students, academics, legal professionals, and the general public alike.

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

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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 : Robert H. Jackson
Publisher :
ISBN 13 :
Total Pages : 114 pages
Book Rating : 4.43/5 ( download)

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Download or read book The Supreme Court in the American System of Government written by Robert H. Jackson and published by . This book was released on 1984 with total page 114 pages. Available in PDF, EPUB and Kindle. Book excerpt: