Federalism, State Sovereignty, and the Constitution

Limits of Congressional Power
Author: Kenneth R. Thomas
Publisher: DIANE Publishing
ISBN: 1437938108
Page: 26
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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.


History and Current Issues
Author: Melissa V. Holdstedt
Publisher: Nova Publishers
ISBN: 9781600211546
Category: Political Science
Page: 66
View: 2114

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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.

The Tenth Amendment and State Sovereignty

Constitutional History and Contemporary Issues
Author: Mark Robert Killenbeck
Publisher: Rowman & Littlefield
ISBN: 9780742518803
Category: History
Page: 198
View: 7446

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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 Invention of Party Politics

Federalism, Popular Sovereignty, and Constitutional Development in Jacksonian Illinois
Author: Gerald Leonard
Publisher: Univ of North Carolina Press
ISBN: 0807861316
Category: Political Science
Page: 344
View: 2557

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This ambitious work uncovers the constitutional foundations of that most essential institution of modern democracy, the political party. Taking on Richard Hofstadter's classic The Idea of a Party System, it rejects the standard view that Martin Van Buren and other Jacksonian politicians had the idea of a modern party system in mind when they built the original Democratic party. Grounded in an original retelling of Illinois politics of the 1820s and 1830s, the book also includes chapters that connect the state-level narrative to national history, from the birth of the Constitution to the Dred Scott case. In this reinterpretation, Jacksonian party-builders no longer anticipate twentieth-century political assumptions but draw on eighteenth-century constitutional theory to justify a party division between "the democracy" and "the aristocracy." Illinois is no longer a frontier latecomer to democratic party organization but a laboratory in which politicians use Van Buren's version of the Constitution, states' rights, and popular sovereignty to reeducate a people who had traditionally opposed party organization. The modern two-party system is no longer firmly in place by 1840. Instead, the system remains captive to the constitutional commitments on which the Democrats and Whigs founded themselves, even as the specter of sectional crisis haunts the parties' constitutional visions.

Healthcare Politics and Policy in America: 2014

Author: Kant Patel,Mark E Rushefsky
Publisher: Routledge
ISBN: 1317468821
Category: Biography & Autobiography
Page: 440
View: 3408

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This book provides a comprehensive examination of the ways that health policy has been shaped by the political, socioeconomic, and ideological environment of the United States. The roles played by public and private, institutional and individual actors in designing the healthcare system are identified at all levels. The book addresses the key problems of healthcare cost, access, and quality through analyses of Medicare, Medicaid, the Veterans Health Administration, and other programs, and the ethical and cost implications of advances in healthcare technology. This fully updated fourth edition gives expanded attention to the fiscal and financial impact of high healthcare costs and the struggle for healthcare reform, culminating in the passage of the Affordable Care Act, with preliminary discussion of implementation issues associated with the Affordable Care Act as well as attempts to defund and repeal it. Each chapter concludes with discussion questions and a comprehensive reference list. Helpful appendices provide a guide to websites and a chronology. PowerPoint slides and other instructional materials are available to instructors who adopt the book.

Die Federalist papers

Author: Alexander Hamilton,James Madison,John Jay
Publisher: C.H.Beck
ISBN: 9783406547546
Category: Constitutional history
Page: 583
View: 965

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States' Rights and American Federalism

A Documentary History
Author: Lynn Nelson
Publisher: Greenwood Publishing Group
ISBN: 9780313305733
Category: History
Page: 232
View: 8192

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Explores the states' rights versus American federalism debate through this comprehensive collection of primary documents, reflecting the fervent stands of Americans throughout history.

Law and the Gay Rights Story

The Long Search for Equal Justice in a Divided Democracy
Author: Walter Frank
Publisher: Rutgers University Press
ISBN: 0813573300
Category: Law
Page: 248
View: 463

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For much of the 20th century, American gays and lesbians lived in fear that public exposure of their sexualities might cause them to be fired, blackmailed, or even arrested. Today, they are enjoying an unprecedented number of legal rights and protections. Clearly, the tides have shifted for gays and lesbians, but what caused this enormous sea change? In his gripping new book, Walter Frank offers an in-depth look at the court cases that were pivotal in establishing gay rights. But he also tells the story of those individuals who were willing to make waves by fighting for those rights, taking enormous personal risks at a time when the tide of public opinion was against them. Frank’s accessible style brings complex legal issues down to earth but, as a former litigator, never loses sight of the law’s human dimension and the context of the events occurring outside the courtroom. Chronicling the past half-century of gay and lesbian history, Law and the Gay Rights Story offers a unique perspective on familiar events like the Stonewall Riots, the AIDS crisis, and the repeal of “Don’t Ask, Don’t Tell.” Frank pays special attention to the constitutional issues surrounding same-sex marriage and closely analyzes the two recent Supreme Court cases addressing the issue. While a strong advocate for gay rights, Frank also examines critiques of the movement, including some coming from the gay community itself. Comprehensive in coverage, the book explains the legal and constitutional issues involved in each of the major goals of the gay rights movement: a safe and healthy school environment, workplace equality, an end to anti-gay violence, relationship recognition, and full integration into all the institutions of the larger society, including marriage and military service. Drawing from extensive archival research and from decades of experience as a practicing litigator, Frank not only provides a vivid history, but also shows where the battle for gay rights might go from here.

Constitutional Pluralism in the European Union and Beyond

Author: Matej Avbelj,Jan Komárek
Publisher: Bloomsbury Publishing
ISBN: 1847318924
Category: Law
Page: 452
View: 2659

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Constitutional pluralism has become immensely popular among scholars who study European integration and issues of global governance. Some of them believe that constitutionalism, traditionally thought to be bound to a nation state, can emerge beyond state borders - most importantly in the process of European integration, but also beyond that, for example, in international regulatory regimes such as the WTO, or international systems of fundamental rights protection, such as the European Convention. At the same time, the idea of constitutional pluralism has not gone unchallenged. Some have questioned its compatibility with the very nature of law and the values which law brings to constitutionalism. The critiques have come from both sides: from those who believe in the 'traditional' European constitutionalism based on a hierarchically superior authority of the European Union as well as from scholars focusing on constitutions of particular states. The book collects contributions taking opposing perspectives on constitutional pluralism - some defending and promoting the concept of constitutional pluralism, some criticising and opposing it. While some authors can be called 'the founding fathers of constitutional pluralism', others are young academics who have recently entered the field. Together they offer fresh perspectives on both theoretical and practical aspects of constitutional pluralism, enriching our existing understanding of the concept in current scholarship.

Federalism, Secession, and the American State

Divided, We Secede
Author: Lawrence M. Anderson
Publisher: Routledge
ISBN: 1136215239
Category: Political Science
Page: 204
View: 8884

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One important tradition in political science conceives of the Civil War in the United States serving as the functional equivalent of the English and French Revolutions, bringing with it the victory of liberal democratic industrialism over aristocratic agriculturalism. From this perspective, the Civil War is notable for its impact on the American state. Surprisingly however, little attention has been paid to the distinguishing features of this historic rupture in American politics. Through primary source research and the re-analysis of the rich historical literature about the antebellum era and the causes of the Civil War, Lawrence A. Anderson explores the relationship between federalism and the movement for secession in the United States during the pre-civil war era. Focusing primarily on South Carolina, Anderson carefully revisits theory on institutional analysis of political development to expose what caused secession in the United States.

The Revolutionary Constitution

Author: David J. Bodenhamer
Publisher: Oxford University Press
ISBN: 019991303X
Category: History
Page: 296
View: 3459

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The framers of the Constitution chose their words carefully when they wrote of a more perfect union--not absolutely perfect, but with room for improvement. Indeed, we no longer operate under the same Constitution as that ratified in 1788, or even the one completed by the Bill of Rights in 1791--because we are no longer the same nation. In The Revolutionary Constitution, David J. Bodenhamer provides a comprehensive new look at America's basic law, integrating the latest legal scholarship with historical context to highlight how it has evolved over time. The Constitution, he notes, was the product of the first modern revolution, and revolutions are, by definition, moments when the past shifts toward an unfamiliar future, one radically different from what was foreseen only a brief time earlier. In seeking to balance power and liberty, the framers established a structure that would allow future generations to continually readjust the scale. Bodenhamer explores this dynamic through seven major constitutional themes: federalism, balance of powers, property, representation, equality, rights, and security. With each, he takes a historical approach, following their changes over time. For example, the framers wrote multiple protections for property rights into the Constitution in response to actions by state governments after the Revolution. But twentieth-century courts--and Congress--redefined property rights through measures such as zoning and the designation of historical landmarks (diminishing their commercial value) in response to the needs of a modern economy. The framers anticipated just such a future reworking of their own compromises between liberty and power. With up-to-the-minute legal expertise and a broad grasp of the social and political context, this book is a tour de force of Constitutional history and analysis.

The Constitution As Political Structure

Author: Martin H. Redish
Publisher: Oxford University Press
ISBN: 9780195361353
Category: Law
Page: 240
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Over the last forty years modern constitutional scholarship has concentrated on an analysis of rights, while principles of constitutional law concerning the structure of government have been largely downplayed. The irony of this interpretive emphasis is that the body of the Constitution contains relatively little dealing directly with rights. Rather, it is primarily a blueprint for the establishment of a complex form of federal-democratic structure. This work emphasizes the central role served by the structural portions of the Constitution. Redish argues that these structural values were designed to provide the framework in which our rights-based system may flourish, and that judicial abandonment of these structural values threatens the very foundations of American political theory.

Politik in Mehrebenensystemen

Author: Arthur Benz
Publisher: Springer-Verlag
ISBN: 9783531145303
Category: Political Science
Page: 257
View: 7285

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Ausgehend von der Tatsache, dass Politik in zunehmendem Maße die Grenzen von lokalen, regionalen oder nationalen Gebietskörperschaften überschreitet und zwischen Ebenen koordiniert werden muss, behandelt das Buch Möglichkeiten und Grenzen einer demokratischen Politik in Mehrebenensystemen. Vorgestellt werden relevante Theorien und Begriffe der Politikwissenschaft, aus denen ein differenzierter Analyseansatz abgeleitet wird. Grundlegend ist dabei die Überlegung, dass die komplexen Strukturen der Mehrebenenpolitik die Akteure häufig vor widersprüchliche Anforderungen zwischen unterschiedlichen Regelsystemen stellen, die Entscheidungen erschweren oder Demokratiedefizite verursachen. Die Akteure entwickeln aber Strategien, um diese Schwierigkeiten zu bewältigen. Erst bei Berücksichtigung strategischer Interaktionen lässt sich bewerten, ob die Praxis des Regierens im Mehrebenensystem Anforderungen an eine demokratische Politik genügt. Am Beispiel der Mehrebenenpolitik im deutschen Bundesstaat sowie in der Europäischen Union werden diese theoretischen Überlegungen und die Anwendung der Analysekategorien für unterschiedliche Formen von Mehrebenensystemen illustriert.

American Constitutional Law

Essays, Cases, and Comparative Notes
Author: Donald P. Kommers,John E. Finn,Gary J. Jacobsohn
Publisher: Rowman & Littlefield
ISBN: 9780742526884
Category: Political Science
Page: 1095
View: 9850

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A course on constitutional law and civil liberties can be and is nothing less than an extended inquiry into the meaning of America. American Constitutional Law: Volume 1 Governmental Powers and Democracy, newly revised by Donald P. Kommers, John E. Finn, and Gary J. Jacobsohn, is a casebook made for such an inquiry. True to the liberal arts tradition from which it emerges, it goes beyond the facts and rulings of the great cases in American constitutional law to engage important issues of political theory and the nature of our constitutional democracy. Although the focus is on American constitutional law, Kommers, Finn, and Jacobsohn break new ground by incorporating comparative materials that enrich the study of the American Constitution by challenging the reader to assess American constitutional values in light of other traditions and understandings of constitutional governance. In an era of constitutional globalization, this new edition of a distinguished text is essential to an appreciation of tradition and diversity.Volume 1 focuses on governmental structures and relationships and includes a new chapter on elections and political representation.

Federalism and Subsidiarity

Author: James E. Fleming,Jacob T Levy
Publisher: NYU Press
ISBN: 1479875554
Category: Law
Page: 464
View: 8632

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In Federalism and Subsidiarity, a distinguished interdisciplinary group of scholars in political science, law, and philosophy address the application and interaction of the concept of federalism within law and government. What are the best justifications for and conceptions of federalism? What are the most useful criteria for deciding what powers should be allocated to national governments and what powers reserved to state or provincial governments? What are the implications of the principle of subsidiarity for such questions? What should be the constitutional standing of cities in federations? Do we need to “remap” federalism to reckon with the emergence of translocal and transnational organizations with porous boundaries that are not reflected in traditional jurisdictional conceptions? Examining these questions and more, this latest installation in the NOMOS series sheds new light on the allocation of power within federations.

The Confederate Constitution of 1861

An Inquiry Into American Constitutionalism
Author: Marshall L. DeRosa
Publisher: University of Missouri Press
ISBN: 9780826208125
Category: History
Page: 182
View: 5948

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In The Confederate Constitution of 1861, Marshall DeRosa argues that the Confederate Constitution was not, as is widely believed, a document designed to perpetuate a Southern "slaveocracy," but rather an attempt by the Southern political leadership to restore the Anti-Federalist standards of limited national government. In this first systematic analysis of the Confederate Constitution, DeRosa sheds new light on the constitutional principles of the CSA within the framework of American politics and constitutionalism. He shows just how little the Confederate Constitution departed from the U.S. Constitution on which it was modeled and examines closely the innovations the delegates brought to the document.

National Identity in EU Law

Author: Elke Cloots
Publisher: OUP Oxford
ISBN: 0191053503
Category: Law
Page: 414
View: 8793

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Despite nearly sixty years of European integration, neither nations nor national loyalties have withered away. On the contrary, national identity rhetoric seems on the rise, not only in politics but also in legal discourse. Lately we have seen a rise in the number of Member States invoking their national identity in an attempt to justify a derogation from a requirement imposed on them by a Treaty article or an EU legislative act, or to legitimize a particular national reading of such an EU norm. Despite this, the European Court of Justice (ECJ) has yet to develop a coherent approach to such arguments, or express a vision of the role national identity should play in EU law. Elke Cloots undertakes this task by providing a principled and coherent scheme for the adjudication of disputes involving claims based on the national identity of a Member State. Should arguments involving national identity be legally relevant? If yes, how should the ECJ approach such identity-related interests? Cloots crafts a normative framework to assist the ECJ in striking the right balance between European integration and respect for the identity concerns at issue. The book combines rigorous theoretical inquiry with thorough analysis of the European Treaties and case law, with particular attention paid to litigation involving domestic measures concerning the national system of government, constitutional rights protections, and language policy. Clarifying the issues at stake and presenting a solution to these problems, this book will be an invaluable resource for the academics, lawyers, and policy makers in the field.

The American Revolution, State Sovereignty, and the American Constitutional Settlement, 1765–1800

Author: Aaron N. Coleman
Publisher: Lexington Books
ISBN: 1498500633
Category: History
Page: 294
View: 2908

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This book examines the ideological, political, and constitutional contexts of the Founding era from the drafting of the Articles of Confederation to the ratification of the Constitution and the Federalist–Jeffersonian political conflict. The author highlights the constitutional and theoretical importance of state sovereignty during the Revolutionary period.