Download or read book The U S Supreme Court and New Federalism written by Christopher P. Banks and published by Rowman & Littlefield. This book was released on 2012 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Download or read book Sovereign Immunity Or the Rule of Law written by Donald L. Doernberg and published by . This book was released on 2005 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Sovereign Immunity or the Rule of Law suggests a fresh look at the doctrine of sovereign immunity through the lens of political philosophers whose writings were well known to the people who framed and ratified the United States Constitution. Some of those philosophers espoused theories of sovereignty that logically compelled sovereign immunity. John Locke, the philosopher upon whom the former colonists predominantly relied, espoused a theory of sovereignty that, by contrast, cannot tolerate the idea of sovereign immunity - a government not answerable to its own laws or to the instrument that gave it life. Donald L. Doernberg argues that the United States Constitution exists for no purpose other than to restrain government power, and that to declare the government immune from accountability under it is a profanation of our political and philosophical history."--BOOK JACKET.

Download or read book Constitutional Landmarks written by Charles M. Lamb and published by Springer Nature. This book was released on 2020-12-01 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines leading Supreme Court decisions involving the powers of the Court, the president, and Congress, as well as cases addressing American federalism and Americans’ economic rights. By analyzing both the Court’s opinions and voting patterns from 1791 through 2018, this volume presents an overview of the role of the Supreme Court in the legal and political system of the United States throughout its entire history, regularly relying on Robert McCloskey’s theory of the nation’s three major constitutional eras and the Supreme Court Database in its organizational approach. Over 100 of the Supreme Court's most significant rulings, old and new, are covered and clarified in this volume to provide an objective, reliable, and valuable resource for students, academics, legal professionals, and the general public alike.

Download or read book The Supreme Court s Federalism written by Frank Goodman and published by SAGE Publications, Incorporated. This book was released on 2001-03 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the last decade, the Supreme Court has handed down a remarkable series of decisions invalidating congressional legislation in the name of federalism or states' rights. Most of these were decided by a razor-thin majority of five justices. The cases fall into four categories. First, in two cases the Court reaffirmed and expanded the principle of state sovereign immunity. In a second pair of cases, the Court held that state governments (other than their courts) cannot be "commandeered" by Congress to assist in the enforcement of federal law. Third, for the first time since the early New Deal, the Curt, but the familiar 5-4 margin, invalidated a federal statute enacted pursuant to the interstate commerce clause. Finally, the Court adopted a new, and extremely demanding, standard of review for congressional action under Section 5 of the Fourteenth Amendment, which empowers Congress to "enforce" the amendment "by appropriate legislation." The 13 articles in this volume of The Annals deal with the various aspects of the Supreme Court's federalist revival and the principles underlying it. The first three articles discuss these principles in comprehensive terms. Each of the next three articles focuses on a particular aspect of the federalism principle or its judicial enforcement. These articles are followed by a contribution with regard to Congress' ability to escape the constitutional limitations of federalism by means of conditional grants under the spending clause. The next three articles point up alternative themes, purposes, or agendas in the Court's federalism decisions. Another two contributions focus on the anti-commandeering issue, but place that issue in a broader context. The final article illuminates, from several perspectives, the four-year-old federal habeas corpus statute (the Anti-Terrorism and Effective Death Penalty Act). The Supreme Court's recent decision in Bush v. Gore - issued shortly before this volume went to press - dramatically reverses the case and principles that are the subject of the articles in this volume. Perhaps the best justification for the Court's action is not legal but political. The majority justices - or some of them - may have looked down the road and seen a constitutional catastrophe in the making. Unfortunately, there is also a less benign explanation: one or more of the justices may have reached the conclusion that if the presidential outcome were going to be determined by an act of judicial will, it would be their will, and not that of the Florida Supreme Court.

Download or read book American Government 3e written by Glen Krutz and published by . This book was released on 2023-05-12 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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 The Roberts Court written by Marcia Coyle and published by Simon and Schuster. This book was released on 2013-05-07 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Roberts Court, seven years old, sits at the center of a constitutional maelstrom. Through four landmark decisions, Marcia Coyle, one of the most prestigious experts on the Supreme Court, reveals the fault lines in the conservative-dominated Court led by Chief Justice John Roberts Jr. Seven minutes after President Obama put his signature to a landmark national health care insurance program, a lawyer in the office of Florida GOP attorney general Bill McCollum hit a computer key, sparking a legal challenge to the new law that would eventually reach the nation’s highest court. Health care is only the most visible and recent front in a battle over the meaning and scope of the U.S. Constitution. The battleground is the United States Supreme Court, and one of the most skilled, insightful, and trenchant of its observers takes us close up to watch it in action. Marcia Coyle’s brilliant inside account of the High Court captures four landmark decisions—concerning health care, money in elections, guns at home, and race in schools. Coyle examines how those cases began—the personalities and conflicts that catapulted them onto the national scene—and how they ultimately exposed the great divides among the justices, such as the originalists versus the pragmatists on guns and the Second Amendment, and corporate speech versus human speech in the controversial Citizens United campaign case. Most dramatically, her analysis shows how dedicated conservative lawyers and groups are strategizing to find cases and crafting them to bring up the judicial road to the Supreme Court with an eye on a receptive conservative majority. The Roberts Court offers a ringside seat at the struggle to lay down the law of the land.

Download or read book New Frontiers of State Constitutional Law written by James A. Gardner and published by Oxford University Press. This book was released on 2011-10-24 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chapters featured in this title include: 'Dual Enforcement of Constitutional Norms', 'Cool Federalism and the Life Cycle of Moral Progress', 'Why Federalism and Constitutional Positivism Don't Mix', and 'Interjurisdictional Enforcement of Rights in a Post-erie World', amongst others.

Download or read book The US Supreme Court and the Centralization of Federal Authority written by Michael A. Dichio and published by State University of New York Press. This book was released on 2018-11-01 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traces the US Supreme Court’s effect on federal government growth from the founding era forward. This book explores the US Supreme Court’s impact on the constitutional development of the federal government from the founding era forward. The author’s research is based on an original database of several hundred landmark decisions compiled from constitutional law casebooks and treatises published between 1822 and 2010. By rigorously and systematically interpreting these decisions, he determines the extent to which the court advanced and consolidated national governing authority. The result is a portrait of how the high court, regardless of constitutional issue and ideology, persistently expanded the reach and scope of the federal government. Michael A. Dichio is Assistant Professor of Political Science at Fort Lewis College.

Download or read book Federalism as Seen by the U S Supreme Court written by Richard H. W. Maloy and published by Vandeplas Pub.. This book was released on 2008 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Federalism is a form of government possessed and utilized by several countries of the world, including the United States of America. When the Constitution of the newly formed United States was framed in 1787 it provided that it and the laws of the United States which shall be made in pursuance thereof, shall be the supreme Law of the Land. Shortly thereafter, by the Tenth Amendment, it was specified that the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. Thus the Constitution itself posed for federalism an unanswered question how much power does the federal government the United States have, and how much power remains in the States? The Supreme Court of that country, which initially was the sole tribunal entrusted with its judicial power, over the four centuries during which it has existed wrestled with this seemingly eternal question virtually every day it is in session. It has analyzed, construed and applied the principles of federalism in decisions covering a wide spectrum of specialties. Professor Maloy, in this work, has referred to 500 of those decisions, dealing with thirty-eight specialties, including, but not limited to desegregation, domestic relations, labor relations and taxation. The cases range from the Court s first decision . Georgia v. Brailsford, decided in 1792 to its last decision, to date District of Columbia v. Heller, decided June 26, 2008. While the question how much power does the federal government the United States have, and how much power remains in the States? is not completely answered, as this book reveals, far more is known about American federalism in 2008 than in 1787. American federalism in a vibrant and dynamic country, such as the United States, may never be completely defined, but that is just one of its features which makes it fascinating to legal scholars. About the author: Professor Richard H.W. Maloy holds a Bachelor of Arts degree from Dartmouth College, a Juris Doctor degree from Columbia Law School, and a Master of Laws degree from the University of Miami. During his 34 years of law practice in Miami, Florida he was an Adjunct Professor of Law at the University of Miami and the author of books on appellate practice, pleadings and bankruptcy. For 25 years he continually updated his 14 volume set of Florida Forms of Practice for the law book publisher, Matthew Bender & Co. He has been on the faculty of St. Thomas University School of Law in Miami since 1991, and is a Professor Emeritus at that school, where he teaches Conflict of Laws and Remedies."

Download or read book The Role of State Supreme Courts in the New Judicial Federalism written by Susan P. Fino and published by Praeger. This book was released on 1987-04-23 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Role of State Supreme Courts in the New Judicial Federalism, Susan P. Fino presents a comprehensive analysis of the work of the state supreme court in the context of the new emphasis of states' rights. She provides both quantitative and qualitative data on state supreme court decisions, and includes an analysis of over 1,200 opinions rendered by six selected courts, thus laying the foundation for a systematic study of the state supreme court system. Fino also presents hypotheses to explain the variations in decision making observed from state to state. Her work concludes with observations on the prospects for an enhanced role for the state supreme court system, and suggestions for improving the institution.

Download or read book Federalism the Supreme Court and the Seventeenth Amendment written by Ralph A. Rossum and published by Lexington Books. This book was released on 2001 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: Abraham Lincoln worried that the "walls" of the constitution would ultimately be leveled by the "silent artillery of time." His fears materialized with the 1913 ratification of the Seventeenth Amendment, which, by eliminating federalism's structural protection, altered the very nature and meaning of federalism. Ralph A. Rossum's provocative new book considers the forces unleashed by an amendment to install the direct election of U.S. Senators. Far from expecting federalism to be protected by an activist court, the Framers, Rossum argues, expected the constitutional structure, particularly the election of the Senate by state legislatures, to sustain it. In Federalism, the Supreme Court, and the Seventeenth Amendment Rossum challenges the fundamental jurisprudential assumptions about federalism. He also provides a powerful indictment of the controversial federalist decisions recently handed down by an activist U.S. Supreme Court seeking to fill the gap created by the Seventeenth Amendment's ratification and protect the original federal design. Rossum's masterful handling of the development of federalism restores the true significance to an amendment previously consigned to the footnotes of history. It demonstrates how the original federal design has been amended out of existence; the interests of states as states abandoned and federalism left unprotected, both structurally and democratically. It highlights the ultimate irony of constitutional democracy: that an amendment intended to promote democracy, even at the expense of federalism, has been undermined by an activist court intent on protecting federalism, at the expense of democracy.

Download or read book Examples Explanations for Constitutional Law written by Christopher N. May and published by Aspen Publishing. This book was released on 2021-12-30 with total page 928 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examples & Explanations for Constitutional Law: National Power and Federalism, Ninth edition, by Christopher N. May, Allan Ides, and Simona Grossi, provides a clearly written, comprehensive examination of constitutional doctrine pertaining to national power and federalism. This problem-oriented study guide provides students and teachers with a highly readable and accessible study of constitutional law. Both this book and its companion volume,¿Examples & Explanations for Constitutional Law: Individual Rights, combine detailed textual material with real-world examples and explanations that apply the relevant constitutional doctrine to specific fact patterns. The text operates as a readable and citable treatise on the topics covered, and the examples and explanations serve as an elaboration on that text. Its unique, time-tested Examples & Explanations pedagogy combines textual material with well-written, comprehensive and up-to-date examples, explanations and questions. A favorite among law school students, and often recommended by professors, this guide takes students through the principal doctrines of constitutional law covered in a typical course. New to the Ninth Edition: Inclusion of more than 40 new Supreme Court cases New and updated Examples & Explanations More sophisticated discussion of the federal preemption doctrine Updated treatment of presidential impeachment Expanded discussion of the executive privilege doctrine Deeper coverage of the appointment and removal of federal officials Professors and students will benefit from: Hypotheticals similar to those presented in class, with structure and reasoning behind the corresponding analysis An alternative perspective to help you understand your casebook and in-class lectures Straightforward, informal text that is never simplistic, and quickly gets to the point in conversational style laced with humor Adaptability with all major Constitutional Law casebooks Authors with over 70 years of combined experience teaching Constitutional Law

Download or read book The Future of Federalism written by Robert Clifton Weaver and published by . This book was released on 1968 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public lectures delivered, 1966-67 to commemorate the Wayne State University Law School's first year in its new quarters.

Download or read book The New Federalist Papers written by J. Jackson Barlow and published by University Press of America. This book was released on 1988 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book represents perhaps the single most important volume to be published on the Constitution during the Bicentennial. With over sixty contributing authors, it brings together the best of American constitutional scholarship for a comprehensive and provocative discussion of the Constitution's history, its principles and its current meaning. Contributing authors to the book range from historians and political scientists to Congressmen and Supreme Court Justices. Some of the better-known contributors include former Speaker of the House Tip O'Neill, former Chief Justice Warren Burger, Congressman Philip Crane, lawyer Phillis Schlafly, Pulitzer Prize-winning historian Leonard Levy, former United States Senator Eugene McCarthy, and the venerable dean of United States historians, Henry Steele Commager. Most of the articles published in this volume appeared originally as part of the acclaimed New Federalist Papers newspaper series, which has been used by hundreds of newspapers across the country since 1984. The book is arranged into seventeen different sections, each of which focuses on a major constitutional principle or institution. Topic areas include federalism, the separation of powers, Congress, the bureaucracy, the Presidency, the Judiciary, foreign policy, civil rights, economics, constitutional reform, and the relationship between church and state. The sections of the book were designed to parallel the standard subjects covered in an introductory college course. Co-published with Public Research, Syndicated.

Download or read book 51 Imperfect Solutions written by Judge Jeffrey S. Sutton and published by Oxford University Press. This book was released on 2018-05-07 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: When we think of constitutional law, we invariably think of the United States Supreme Court and the federal court system. Yet much of our constitutional law is not made at the federal level. In 51 Imperfect Solutions, U.S. Court of Appeals Judge Jeffrey S. Sutton argues that American Constitutional Law should account for the role of the state courts and state constitutions, together with the federal courts and the federal constitution, in protecting individual liberties. The book tells four stories that arise in four different areas of constitutional law: equal protection; criminal procedure; privacy; and free speech and free exercise of religion. Traditional accounts of these bedrock debates about the relationship of the individual to the state focus on decisions of the United States Supreme Court. But these explanations tell just part of the story. The book corrects this omission by looking at each issue-and some others as well-through the lens of many constitutions, not one constitution; of many courts, not one court; and of all American judges, not federal or state judges. Taken together, the stories reveal a remarkably complex, nuanced, ever-changing federalist system, one that ought to make lawyers and litigants pause before reflexively assuming that the United States Supreme Court alone has all of the answers to the most vexing constitutional questions. If there is a central conviction of the book, it's that an underappreciation of state constitutional law has hurt state and federal law and has undermined the appropriate balance between state and federal courts in protecting individual liberty. In trying to correct this imbalance, the book also offers several ideas for reform.

Download or read book The New Federalism Goes to Court written by David L. Kirp and published by . This book was released on 1983 with total page 82 pages. Available in PDF, EPUB and Kindle. Book excerpt: