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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: Mark Robert Killenbeck
Publisher: Rowman & Littlefield
ISBN: 9780742518803
Category : Law
Languages : en
Pages : 214
Get Book Here
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: Hallie Murray
Publisher: Enslow Publishing, LLC
ISBN: 076608745X
Category : Juvenile Nonfiction
Languages : en
Pages : 50
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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 Amendments 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.
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.
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?
Author: Tamra B. Orr
Publisher: The Rosen Publishing Group, Inc
ISBN: 1448823315
Category : Juvenile Nonfiction
Languages : en
Pages : 66
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Book Description
This book is an introduction to the Tenth Amendment which empowers the people as it guarantees the limiting of the power of the federal government.
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.
Author: Rick M. Montes
Publisher: Ishi Press
ISBN: 9784871879033
Category : History
Languages : en
Pages : 114
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Book Description
Today if you asked the average citizen of any of the fifty States: "Which has ultimate jurisdiction, the Federal government or the individual States?" the answer would likely be "The Federal government." If you were to ask this same question to either a Federal or State Attorney or Judge, you would in all likelihood receive the same answer. With so many people believing this to be true, especially professionals who make their living having the responsibility of knowing the answer, why should anyone doubt the validity of the Federal government's supremacy over the States? Why does it even matter?Throughout our Republic we are witnessing a phenomenon called the "Tea Party." This Tea Party consists of hundreds of thousands of citizens upset with the expansive growth of the Federal government. They seek to rein in government spending, stop judicial activism, and return, as a recent article stated, "A Constitutional fundamentalism that would limit the federal government to the exercise of enumerated powers." Opponents criticize these same citizens as "Right Wing" and "Racist." On the official website of The Communist Party USA, an essay was posted entitled: "Hope is stronger than hate" which stated, "In their efforts to win back Congress...Tea Party attack dogs are unashamedly promoting fear, racism, bigotry and red baiting."
Author: Rich Smith
Publisher: ABDO
ISBN: 1604531975
Category : Juvenile Nonfiction
Languages : en
Pages : 34
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Book Description
Examines the Ninth and Tenth Amendments, explaining more rights.
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.
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.
