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.

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: 4061

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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: 1722

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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.


History and Current Issues
Author: Melissa V. Holdstedt
Publisher: Nova Publishers
ISBN: 9781600211546
Category: Political Science
Page: 66
View: 4857

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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.

State sovereignty and the role of the federal government

hearing before the Subcommittee on the Constitution, Federalism, and Property Rights of the Committee on the Judiciary, One Hundred Fourth Congress, first session, on examining proposals to restore balance in the role of federal and state government in serving the people, July 11, 1995
Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution, Federalism, and Property Rights
Publisher: Government Printing Office
ISBN: 9780160542091
Category: Political Science
Page: 62
View: 4200

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Die Federalist papers

Author: Alexander Hamilton,James Madison,John Jay
Publisher: C.H.Beck
ISBN: 9783406547546
Category: Constitutional history
Page: 583
View: 5618

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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: 6686

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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.

States' Rights and American Federalism

A Documentary History
Author: Lynn Nelson
Publisher: Greenwood Publishing Group
ISBN: 9780313305733
Category: History
Page: 232
View: 8018

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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.

Healthcare Politics and Policy in America: 2014

Author: Kant Patel,Mark E Rushefsky
Publisher: Routledge
ISBN: 1317468821
Category: Biography & Autobiography
Page: 440
View: 5004

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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.

Wie Demokratien sterben

Und was wir dagegen tun können
Author: Steven Levitsky,Daniel Ziblatt
Publisher: DVA
ISBN: 3641222915
Category: Political Science
Page: 320
View: 1551

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Ausgezeichnet mit dem NDR Kultur Sachbuchpreis 2018 als bestes Sachbuch des Jahres Demokratien sterben mit einem Knall oder mit einem Wimmern. Der Knall, also das oft gewaltsame Ende einer Demokratie durch einen Putsch, einen Krieg oder eine Revolution, ist spektakulärer. Doch das Dahinsiechen einer Demokratie, das Sterben mit einem Wimmern, ist alltäglicher – und gefährlicher, weil die Bürger meist erst aufwachen, wenn es zu spät ist. Mit Blick auf die USA, Lateinamerika und Europa zeigen die beiden Politologen Steven Levitsky und Daniel Ziblatt, woran wir erkennen, dass demokratische Institutionen und Prozesse ausgehöhlt werden. Und sie sagen, an welchen Punkten wir eingreifen können, um diese Entwicklung zu stoppen. Denn mit gezielter Gegenwehr lässt sich die Demokratie retten – auch vom Sterbebett.

The U.S. Supreme Court and New Federalism

From the Rehnquist to the Roberts Court
Author: Christopher P. Banks,John C. Blakeman
Publisher: Rowman & Littlefield Publishers
ISBN: 1442218584
Category: Law
Page: 362
View: 1312

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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

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: 4701

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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: 6263

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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.

Controversies in American Federalism and Public Policy

Author: Christopher P. Banks
Publisher: Routledge
ISBN: 1351713388
Category: Law
Page: 200
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This interdisciplinary collection presents a scholarly treatment of how the constitutional politics of federalism affect governments and citizens, offering an accessible yet comprehensive analysis of the U.S. Supreme Court’s federalism jurisprudence and its effect on the development of national and state policies in key areas of constitutional jurisprudence. The contributors address the impact that Supreme Court federalism precedents have in setting the parameters of national law and policies that the states are often bound to respect under constitutional law, including those that relate to the scope and application of gun rights, LGBT freedoms, health care administration, anti-terrorism initiatives, capital punishment, immigration and environmental regulation, the legalization of marijuana and voting rights. Uniting scholarship in law, political science, criminology, and public administration, the chapters study the themes, principles, and politics that traditionally have been at the center of federalism research across different academic disciplines. They look at the origins, nature and effect of dual and cooperative federalism, presidential powers and administrative regulation, state sovereignty and states’ rights, judicial federalism and the advocacy of organized interests.

Federalism, Secession, and the American State

Divided, We Secede
Author: Lawrence M. Anderson
Publisher: Routledge
ISBN: 1136215239
Category: Political Science
Page: 204
View: 7789

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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.

State Sovereignty

Scalia and Fellow Jurists on America's Federalism Principles
Author: Federico Lines
Publisher: States Rights Radio
ISBN: 9781532389658
Page: 182
View: 1929

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In this great American federalism republic land of ours, our Founding Fathers gave us the principles and judgment to create several autonomous and sovereign states. These autonomous and sovereign states were to form a more perfect union with an administrative central power. There have been a few members of the U.S. Supreme Court who have truly interpreted these principles to the last ink drop of the Constitution. One in particular was the late Associate Justice Antonin Scalia. Scalia and some of his fellow jurists knew just how to interpret our Founding Fathers' federalism principles and made it known to the country that state sovereignty is above the central government.