Federalism, State Sovereignty, and the Constitution PDF Download
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Author: Kenneth R. Thomas
Publisher: DIANE Publishing
ISBN: 1437938108
Category : Political Science
Languages : en
Pages : 29
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Book Description
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: Kenneth R. Thomas
Publisher: DIANE Publishing
ISBN: 1437938108
Category : Political Science
Languages : en
Pages : 29
Get Book Here
Book Description
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: Kenneth R. Thomas
Publisher:
ISBN:
Category : Federal government
Languages : en
Pages : 24
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Book Description
The ratification of the Constitution, to a significant extent, defined the lines of authority between the state and federal governments. Over recent years, the Supreme Court has decided a number of cases which address this historical relationship. This report discusses state and federal legislative power generally and focuses on a number of these "federalism" cases. Issues addressed include congressional power under the Commerce Clause and the Fourteenth Amendment; constitutional limits on congressional powers, such as the Tenth Amendment; and state sovereign immunity under the Eleventh Amendment. The report does not, however, address the much larger policy issue of when it is appropriate - as opposed to constitutionally permissible - for federal powers to be exercised.
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution, Federalism, and Property Rights
Publisher:
ISBN:
Category : Political Science
Languages : en
Pages : 72
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Book Description
Author: Kenneth R. Thomas
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
This report discusses state and federal legislative power generally and focuses on a number of these "federalism" cases. The report discusses state and federal legislative power generally, and focuses on a number of these "federalism" cases.1 Issues addressed include congressional power under the Commerce Clause and the Fourteenth Amendment; limits on congressional powers, such as the Tenth Amendment; state sovereign immunity under the Eleventh Amendment; and grant condition imposed under the Spending Clause.
Author: Sotirios A. Barber
Publisher: Harvard University Press
ISBN: 0674070429
Category : Political Science
Languages : en
Pages : 249
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Book Description
The idea that “states’ rights” restrain national power is riding high in American judicial and popular opinion. Here, Sotirios A. Barber shows how arguments for states’ rights, from the days of John C. Calhoun to the present, have offended common sense, logic, and bedrock constitutional principles. To begin with, states’ rights federalism cannot possibly win the debate with national federalism owing to the very forum in which the requisite argument must occur—a national one, thanks to the Civil War—and the ordinary rules of practical argumentation. Further, the political consequences of this self-defeating logic can only hasten the loss of American sovereignty to international economic forces. Both philosophical and practical reasons compel us to consider two historical alternatives to states’ rights federalism. In the federalism of John Marshall, the nation’s most renowned jurist, the national government’s duty to ensure security, prosperity, and other legitimate national ends must take precedence over all conflicting exercises of state power. In “process” federalism, the Constitution protects the states by securing their roles in national policy making and other national decisions. Barber opts for Marshall’s federalism, but the contest is close, and his analysis takes the debate into new, fertile territory. Affirming the fundamental importance of the Preamble, Barber advocates a conception of the Constitution as a charter of positive benefits for the nation. It is not, in his view, a contract among weak separate sovereigns whose primary function is to protect people from the central government, when there are greater dangers to confront.
Author: Melissa V. Holdstedt
Publisher: Nova Publishers
ISBN: 9781600211546
Category : Political Science
Languages : en
Pages : 86
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Book Description
Since the ratification of the Constitution, which established a union of states under a federal system of governance, two questions have generated considerable debate: What is the nature of the union? What powers, privileges, duties, and responsibilities does the Constitution grant to the national government and reserve for the states and the people? During the more than 200-year history of the Constitution, these issues have been debated time and again and have shaped and been shaped by the nation's political, social, and economic history. This book examines the history and current issues of federalism.
Author: Douglas T. Kendall
Publisher: Environmental Law Institute
ISBN: 1585760862
Category : Central-local government relations
Languages : en
Pages : 175
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Book Description
If federalism is about protecting the states, why not listen to them? In the last decade, the Supreme Court has reworked significant areas of constitutional law with the professed purpose of protecting the dignity and authority of the states, while frequently disregarding the states'' views as to what federalism is all about. The Court, according to the states, is protecting federalism too much and too little. Too much, in striking down federal law where even the states recognize that a federal role is necessary to address a national problem. Too little, in inappropriately limiting state experimentation. By listening more carefully to the States, the Supreme Court could transform its federalism jurisprudence from a source of criticism and polarization to a doctrine that should win broad support from across the political spectrum. In this important book, six distinguished authors redefine federalism and reaffirm Justice Louis Brandeis's vision of states and localities as the laboratories of democracy.
Author: Mark Robert Killenbeck
Publisher: Rowman & Littlefield
ISBN: 9780742518803
Category : Law
Languages : en
Pages : 214
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Book Description
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: Vicki C. Jackson
Publisher: Bloomsbury Publishing USA
ISBN: 1440829969
Category : Political Science
Languages : en
Pages : 332
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Book Description
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.
