Federalism As Seen By The U S Supreme Court
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Federalism As Seen By The U S Supreme Court
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Author : Richard H. W. Maloy
language : en
Publisher: Vandeplas Pub.
Release Date : 2008
Federalism As Seen By The U S Supreme Court written by Richard H. W. Maloy and has been published by Vandeplas Pub. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Constitutional law categories.
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."
Redefining Federalism
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Author : Douglas T. Kendall
language : en
Publisher: Environmental Law Institute
Release Date : 2004
Redefining Federalism written by Douglas T. Kendall and has been published by Environmental Law Institute this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Central-local government relations categories.
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.
The U S Supreme Court And New Federalism
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Author : Christopher P. Banks
language : en
Publisher: Rowman & Littlefield
Release Date : 2012
The U S Supreme Court And New Federalism written by Christopher P. Banks and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Law categories.
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
Real Federalism
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Author : Michael S. Greve
language : en
Publisher: American Enterprise Institute
Release Date : 1999
Real Federalism written by Michael S. Greve and has been published by American Enterprise Institute this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Federal government categories.
Real federalism is a federalism that promotes citizen choice and competition among the states
The Implosion Of American Federalism
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Author : Robert F. Nagel
language : en
Publisher: Oxford University Press
Release Date : 2002-11
The Implosion Of American Federalism written by Robert F. Nagel and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-11 with Political Science categories.
At a time of unprecedented national power, why do so many Americans believe that our nationhood is fragile and precarious? Why the talk--among politicians, academics, and jurists--of "coups d'etat," of culture wars, of confederation, of constitutional breakdown? In this wide-ranging book, Robert Nagel proposes a surprising znswer: that anxiety about national unity is caused by centralization itself. Moreover, he proposes that this anxiety has dangerous cultural consequences that are, in an implosive cycle, pushing the country toward ever greater centralization. Carefully examining recent landmark Supreme Court cases that protect states' rights, Nagel argues that the federal judiciary is not leading and is not likely to lead a revival of the complex system called federalism. A robust version of federalism requires appreciation for political conflict and respect for disagreement about constitutional meaning, both values that are deeply antithetical to the Court's function. That so many believe this most centralized of our Nation's institutions is protecting, even overprotecting, state power is itself a sign of the depletion of those understandings necessary to sustain the federal system. Instead of a support for federalism, Nagel finds a commitment to radical nationalism throughout the constitutional law establishment. He traces this commitment to traditionally American traits like perfectionism, optimism, individualism, and legalism. Under modern conditions of centralization, these attractive traits are leading to unattractive social consequences, including tolerance, fearfulness, utopianism, and deceptiveness. They are degrading our political discourse. All this encourages further centralization and further cultural deterioration. This book puts the major federalism decisions within the framework of the Court's overall record, including its record on individual rights in areas like abortion, homosexuality, and school desegregation. And, giving special attention to public debate over privacy and impeachment, it places modern constitutional law in the context of political discourse more generally.
American Federalism
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Author : Larry N. Gerston
language : en
Publisher: M.E. Sharpe
Release Date : 2007
American Federalism written by Larry N. Gerston and has been published by M.E. Sharpe this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Business & Economics categories.
Understanding federalism is central to the study of democratic government in the United States. This book examines the historical and philosophical underpinnings of federalism; and the ways in which institutional political power is both diffused and concentrated in the United States.
Courts In Federal Countries
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Author : Nicholas Theodore Aroney
language : en
Publisher: University of Toronto Press
Release Date : 2017-04-24
Courts In Federal Countries written by Nicholas Theodore Aroney and has been published by University of Toronto Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-04-24 with Law categories.
Courts are key players in the dynamics of federal countries since their rulings have a direct impact on the ability of governments to centralize and decentralize power. Courts in Federal Countries examines the role high courts play in thirteen countries, including Australia, Brazil, Canada, Germany, India, Nigeria, Spain, and the United States. The volume’s contributors analyse the centralizing or decentralizing forces at play following a court’s ruling on issues such as individual rights, economic affairs, social issues, and other matters. The thirteen substantive chapters have been written to facilitate comparability between the countries. Each chapter outlines a country’s federal system, explains the constitutional and institutional status of the court system, and discusses the high court’s jurisprudence in light of these features. Courts in Federal Countries offers insightful explanations of judicial behaviour in the world’s leading federations.
Constitutional Landmarks
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Author : Charles M. Lamb
language : en
Publisher: Springer Nature
Release Date : 2020-12-01
Constitutional Landmarks written by Charles M. Lamb and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-01 with Political Science categories.
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.
The Supreme Court S Federalism
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Author : Frank Goodman
language : en
Publisher: SAGE Publications, Incorporated
Release Date : 2001-03
The Supreme Court S Federalism written by Frank Goodman and has been published by SAGE Publications, Incorporated this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-03 with Political Science categories.
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.
Federalism
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Author : Vicki C. Jackson
language : en
Publisher: Bloomsbury Publishing USA
Release Date : 2013-09-09
Federalism written by Vicki C. Jackson and has been published by Bloomsbury Publishing USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-09-09 with Political Science categories.
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.