The Tenth Amendment and State Sovereignty

The Tenth Amendment and State Sovereignty PDF 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.

The Tenth Amendment and State Sovereignty

The Tenth Amendment and State Sovereignty PDF Author: Mark Robert Killenbeck
Publisher: Rowman & Littlefield
ISBN: 9780742518803
Category : Law
Languages : en
Pages : 214

Get Book

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.

Our Constitution

Our Constitution PDF Author: Donald A. Ritchie
Publisher: Oxford University Press, USA
ISBN:
Category : History
Languages : en
Pages : 264

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Book Description
WHY WAS THE CONSTITUTION NECESSARY?--WHAT KIND OF GOVERNMENT DID THE CONSTITUTION CREATE?--HOW IS THE CONSTITUTION INTERPRETED?

10th Amendment Secures a Republic Form of Government!!!

10th Amendment Secures a Republic Form of Government!!! PDF Author: Daniel H. Marchi
Publisher: AuthorHouse
ISBN: 1449070639
Category : Education
Languages : en
Pages : 542

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Book Description
The book describes the 10th Amendment rules that must be adhere to preserve a Republic form of government. If these rules are broken, then the government reverts to a non Republic form of government violating the 10th amendment which is the last Amendment in the Bill of Rights. Other topics are discussed such as mob rule leading to violating the 10th Amendment.

Limiting Federal Powers

Limiting Federal Powers PDF Author: Hallie Murray
Publisher: Enslow Publishing, LLC
ISBN: 0766085686
Category : Juvenile Nonfiction
Languages : en
Pages : 48

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Book Description
The Tenth Amendment says that the powers not delegated to the federal government by the Constitution belong to the individual states and their residents and can not be taken away from them. Like the Ninth Amendment, the Tenth Amendment’s wording is vague and abstract and often debated, especially when applied to such important contemporary issues as the drinking age, gun ownership, health care, environmental standards, and controlled substances. Through full-color and black-and-white photos, engaging text, and primary sources, students will learn why this amendment was created, how notions of states' versus federal rights have changed throughout history, and how this ongoing conflict between state and federal government affects their lives.

Constitutionalism and the Rule of Law

Constitutionalism and the Rule of Law PDF Author: Maurice Adams
Publisher: Cambridge University Press
ISBN: 1316883256
Category : Law
Languages : en
Pages : 559

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Book Description
Rule of law and constitutionalist ideals are understood by many, if not most, as necessary to create a just political order. Defying the traditional division between normative and positive theoretical approaches, this book explores how political reality on the one hand, and constitutional ideals on the other, mutually inform and influence each other. Seventeen chapters from leading international scholars cover a diverse range of topics and case studies to test the hypothesis that the best normative theories, including those regarding the role of constitutions, constitutionalism and the rule of law, conceive of the ideal and the real as mutually regulating.

The Tenth Amendment

The Tenth Amendment PDF Author: Tamra Orr
Publisher: Rosen Central
ISBN: 9781448823116
Category : Juvenile Nonfiction
Languages : en
Pages : 64

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Book Description
Looks at the Tenth Amendment to the U.S. constitution, examining how it came to be passed and how the balance of power between the federal government, the states, and the people has been handled over the years.

The Tenth Amendment

The Tenth Amendment PDF Author: Elizabeth Raum
Publisher: Capstone
ISBN: 1515771806
Category : Juvenile Nonfiction
Languages : en
Pages : 33

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Book Description
Examines the causes, writing, and effects of the Tenth Amendment of the Bill of Rights, which protects the rights of states. Includes critical thinking questions, photographs, a glossary, and further resources.

American Government 3e

American Government 3e PDF Author: Glen Krutz
Publisher:
ISBN: 9781738998470
Category :
Languages : en
Pages : 0

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Book Description
Black & white print. American Government 3e aligns with the topics and objectives of many government courses. Faculty involved in the project have endeavored to make government workings, issues, debates, and impacts meaningful and memorable to students while maintaining the conceptual coverage and rigor inherent in the subject. With this objective in mind, the content of this textbook has been developed and arranged to provide a logical progression from the fundamental principles of institutional design at the founding, to avenues of political participation, to thorough coverage of the political structures that constitute American government. The book builds upon what students have already learned and emphasizes connections between topics as well as between theory and applications. The goal of each section is to enable students not just to recognize concepts, but to work with them in ways that will be useful in later courses, future careers, and as engaged citizens. In order to help students understand the ways that government, society, and individuals interconnect, the revision includes more examples and details regarding the lived experiences of diverse groups and communities within the United States. The authors and reviewers sought to strike a balance between confronting the negative and harmful elements of American government, history, and current events, while demonstrating progress in overcoming them. In doing so, the approach seeks to provide instructors with ample opportunities to open discussions, extend and update concepts, and drive deeper engagement.

On Constitutional Disobedience

On Constitutional Disobedience PDF Author: Louis Michael Seidman
Publisher: Oxford University Press
ISBN: 0199898278
Category : Law
Languages : en
Pages : 175

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Book Description
In On Constitutional Disobedience, leading constitutional scholar Louis Michael Seidman explains why constitutional disobedience may well produce a better politics and considers the shape that such disobedience might take. First, though, he stresses that is worth remembering the primary goals of the original Constitution's authors, many of which were unseemly both then and now. Should we really feel obligated to defend our electoral college or various other features that arguably lead to unjust results? Yet many of our political debates revolve around constitutional features that no one loves but which everyone feels obligated to defend. After walking through the various defenses put forth by proponents of the US Constitutional system, Seidman shows why none of them hold up. The solution, he claims, is to abandon our loyalty to many of the document's requirements and instead embrace the Constitution as a 'poetic' vision of a just society. Lest we worry that forsaking the Constitution will result in anarchy, we only need to remember Great Britain, which functions very effectively without a written constitution. If we were to do this, we could design sensible institutions that fit our own era and craft solutions that have the support of today's majorities. Seidman worries that if we continue to embrace the anachronistic commands of a centuries-old document, our political and institutional dysfunction will only increase. The answer is not to abandon the Constitution in its entirety, but to treat it as an inspiration while disobeying the many particulars that deserve to go into history's dustbin.

Powers Reserved for the People and the States

Powers Reserved for the People and the States PDF Author: Thomas B. McAffee
Publisher: Praeger
ISBN: 9780313313721
Category : Civil rights
Languages : en
Pages : 0

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Book Description
Experts in the field of law explain the misunderstandings attached to and the intended meaning of the Ninth Amendment and its relationship to the Tenth Amendment of the United States Constitution.