Download or read book Federalism State Sovereignty and the Constitution written by Kenneth R. Thomas and published by . This book was released on 2003 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Federalism State Sovereignty and the Constitution written by Kenneth R. Thomas and published by DIANE Publishing. This book was released on 2011 with total page 29 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Federalism State Sovereignty and the Constitution written by Kenneth R. Thomas and published by . This book was released on 2013 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Federalism State Sovereignty and the Constitution written by and published by . This book was released on 2005 with total page 21 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Federalism States Sovereignty and the Constitution Basis and Limits of Congressional Power written by and published by . This book was released on 2008 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt: The lines of authority between states and the federal government are, to a significant extent, defined by the United States Constitution and relevant case law. In recent years, however, the Supreme Court has decided a number of cases that would seem to reevaluate this historical relationship. This report discusses state and federal legislative power generally, 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.
Download or read book Federalism and the Constitution written by Kenneth R. Thomas and published by . This book was released on 1999 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Federalism Based Limitations on Congressional Power written by Congressional Service and published by Createspace Independent Publishing Platform. This book was released on 2018-10-10 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. Constitution establishes a system of dual sovereignty between the states and the federal government, with each state having its own government, endowed with all the functions essential to separate and independent existence. Although the Supremacy Clause of the Constitution designates "the Laws of the United States" as "the supreme Law of the Land," other provisions of the Constitution-as well as legal principles undergirding those provisions-nonetheless prohibit the national government from enacting certain types of laws that impinge upon state sovereignty. The various principles that delineate the proper boundaries between the powers of the federal and state governments are collectively known as "federalism." Federalism-based restrictions that the Constitution imposes on the national government's ability to enact legislation may inform Congress's work in any number of areas of law in which the states and the federal government dually operate. There are two central ways in which the Constitution imposes federalism-based limitations on Congress's powers. First, Congress's powers are restricted by and to the terms of express grants of power in the Constitution, which thereby establish internal constraints on the federal government's authority. The Constitution explicitly grants Congress a limited set of carefully defined enumerated powers, while reserving most other legislative powers to the states. As a result, Congress may not enact any legislation that exceeds the scope of its limited enumerated powers. That said, Congress's enumerated powers nevertheless do authorize the federal government to enact legislation that may significantly influence the scope of power exercised by the states. For instance, subject to certain restrictions, Congress may utilize its taxing and spending powers to encourage states to undertake certain types of actions that Congress might otherwise lack the constitutional authority to undertake on its own. Similarly, the Supreme Court has interpreted the Constitution's Commerce Clause to afford Congress substantial (but not unlimited) authority to regulate certain purely intrastate economic activities that substantially affect interstate commerce in the aggregate. Congress may also enact certain types of legislation in order to implement international treaties. Additionally, pursuant to a collection of constitutional amendments ratified shortly after the Civil War, Congress may directly regulate the states in limited respects in order to prevent states from depriving persons of certain procedural and substantive rights. Finally, the Necessary and Proper Clause augments Congress's enumerated powers by empowering the federal government to enact laws that are "necessary and proper" to execute its express powers. In addition to the internal constraints on Congress's authority, the Constitution also imposes external limitations on Congress's powers vis-à-vis the states-that is, affirmative prohibitions on certain types of federal actions found elsewhere in the text or structure of the Constitution. The Supreme Court has recognized, for instance, that the national government may not commandeer the states' authority for its own purposes by forcing a state's legislature or executive to implement federal commands. Nor may Congress apply undue pressure to coerce states into taking actions they are otherwise disinclined to take. Furthermore, the principle of state sovereign immunity-which limits the circumstances in which a state may be forced to defend itself against a lawsuit against its will-imposes significant constraints on Congress's ability to subject states to suit. Finally, the Supreme Court has recognized limits to the extent to which Congress may subject some states to more onerous regulatory burdens than other states.
Download or read book The Basis and Limitations of Congressional Power written by Arlene P. Boehm and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The lines of authority between states and the federal government are, to a significant extent, defined by the United States 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 book discusses the basis and limits of state and federal legislative power, focusing on a number of these "federalism" cases, state sovereignty and the Constitution..
Download or read book Federalism and the Constitution written by Michael C. Remington and published by Nova Biomedical Books. This book was released on 2002 with total page 70 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ratification of the Constitution was, to a significant extent, a defining of the lines of authority between the state and federal governments. Over recent years, the Supreme Court has decided a number of cases that address this historical relationship between the federal government and the states. This book discusses state and federal legislative power generally, and will focus on a number of these 'federalism' cases. Issues addressed include congressional power under Article I and the Fourteenth Amendment; limits on congressional power, such as the tenth Amendment; and state sovereign immunity under the Eleventh Amendment. It also presents significant events during the history of America and defines the so-called Dual Federalism, Co-operative Federalism, Creative Federalism and Contemporary Federalism.
Download or read book State Sovereignty and the Role of the Federal Government written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution, Federalism, and Property Rights and published by . This book was released on 1997 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Basis and Limitations of Congressional Power written by Arlene P. Boehm and published by . This book was released on 2011 with total page 61 pages. Available in PDF, EPUB and Kindle. Book excerpt: The lines of authority between states and the federal government are, to a significant extent, defined by the United States Constitution and relevant case law. This book discusses the basis and limits of state and federal legislative power, focusing on a number of these 'federalism' cases, state sovereignty and the Constitution.
Download or read book Federalism written by Vicki C. Jackson and published by Bloomsbury Publishing USA. This book was released on 2013-09-09 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Federalism written by Melissa V. Holdstedt and published by Nova Publishers. This book was released on 2006 with total page 86 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Real Federalism written by Michael S. Greve and published by American Enterprise Institute. This book was released on 1999 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Real federalism is a federalism that promotes citizen choice and competition among the states
Download or read book Redefining Federalism written by Douglas T. Kendall and published by Environmental Law Institute. This book was released on 2004 with total page 175 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Federal Preemption of State and Local Law written by James T. O'Reilly and published by American Bar Association. This book was released on 2006 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preemption is a doctrine of American constitutional law, under which states and local governments are deprived of their power to act in a given area, whether or not the state or local law, rule or action is in direct conflict with federal law. This book covers not only the basics of preemption but also focuses on such topics as federal mechanisms for agency preemption, implied forms of preemption, and defensive use of federal preemption in civil litigation.
Download or read book Enhancing Government written by Erwin Chemerinsky and published by Stanford University Press. This book was released on 2008-05-22 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Federalism—the division of power between national and state governments—has been a divisive issue throughout American history. Conservatives argued in support of federalism and states' rights to oppose the end of slavery, the New Deal, and desegregation. In the 1990s, the Rehnquist Court used federalism to strike down numerous laws of public good, including federal statutes requiring the clean up of nuclear waste and background checks for gun ownership. Now the Roberts Court appears poised to use federalism and states' rights to limit federal power even further. In this book, Erwin Chemerinsky passionately argues for a different vision: federalism as empowerment. He analyzes and criticizes the Supreme Court's recent conservative trend, and lays out his own challenge to the Court to approach their decisions with the aim of advancing liberty and enhancing effective governance. While the traditional approach has been about limiting federal power, an alternative conception would empower every level of government to deal with social problems. In Chemerinsky's view, federal power should address national problems like environmental protection and violations of civil rights, while state power can be strengthened in areas such as consumer privacy and employee protection. The challenge for the 21st century is to reinvent American government so that it can effectively deal with enduring social ills and growing threats to personal freedom and civil liberties. Increasing the chains on government—as the Court and Congress are now doing in the name of federalism—is exactly the wrong way to enter the new century. But, an empowered federalism, as Chemerinsky shows, will profoundly alter the capabilities and promise of U.S. government and society.
