The U.S. Supreme Court and New Federalism

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Author :
Release : 2012
Genre : Law
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Book Rating : 045/5 ( reviews)

The U.S. Supreme Court and New Federalism - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The U.S. Supreme Court and New Federalism write by Christopher P. Banks. This book was released on 2012. The U.S. Supreme Court and New Federalism available in PDF, EPUB and Kindle. 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

Constitutional Landmarks

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Release : 2020-12-01
Genre : Political Science
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Book Rating : 755/5 ( reviews)

Constitutional Landmarks - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Constitutional Landmarks write by Charles M. Lamb. This book was released on 2020-12-01. Constitutional Landmarks available in PDF, EPUB and Kindle. 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.

Sovereign Immunity Or the Rule of Law

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Release : 2005
Genre : Law
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Book Rating : /5 ( reviews)

Sovereign Immunity Or the Rule of Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Sovereign Immunity Or the Rule of Law write by Donald L. Doernberg. This book was released on 2005. Sovereign Immunity Or the Rule of Law available in PDF, EPUB and Kindle. "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.

Real Federalism

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Release : 1999
Genre : Federal government
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Book Rating : 000/5 ( reviews)

Real Federalism - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Real Federalism write by Michael S. Greve. This book was released on 1999. Real Federalism available in PDF, EPUB and Kindle. Real federalism is a federalism that promotes citizen choice and competition among the states

Federalism, the Supreme Court, and the Seventeenth Amendment

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Release : 2001
Genre : Law
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Book Rating : 862/5 ( reviews)

Federalism, the Supreme Court, and the Seventeenth Amendment - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Federalism, the Supreme Court, and the Seventeenth Amendment write by Ralph A. Rossum. This book was released on 2001. Federalism, the Supreme Court, and the Seventeenth Amendment available in PDF, EPUB and Kindle. 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.