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Federalism Or The Question Of Exclusive Power


Federalism Or The Question Of Exclusive Power
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Federalism


Federalism
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Author : John W. King
language : en
Publisher:
Release Date : 1841

Federalism written by John W. King and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1841 with United States categories.




Federalism Or The Question Of Exclusive Power The True Issue In The Present Monetary And Political Discussions In The United States Etc


Federalism Or The Question Of Exclusive Power The True Issue In The Present Monetary And Political Discussions In The United States Etc
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Author : John W. King
language : en
Publisher:
Release Date : 1840

Federalism Or The Question Of Exclusive Power The True Issue In The Present Monetary And Political Discussions In The United States Etc written by John W. King and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1840 with categories.




Federalism


Federalism
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Author : John W. King
language : en
Publisher: Legare Street Press
Release Date : 2022-10-27

Federalism written by John W. King and has been published by Legare Street Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-10-27 with Biography & Autobiography categories.


This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.



Federalism


Federalism
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Author : John W. King
language : en
Publisher: Forgotten Books
Release Date : 2017-09-16

Federalism written by John W. King and has been published by Forgotten Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-16 with Political Science categories.


Excerpt from Federalism: Or the Question of Exclusive Power, the True Issue in the Present Monetary and Political Discussions in the United States Mr. John C. Wright z - Ss'r - You must be amused, for surely I am, at the great solicitude which is so fre quently manifested of late by many of the friends of both the candidates for the chief executive office of this Union, for the ensuing four years, that their respective aspirants shall not, by any means whatever, be con sidered Federalists. But in sober earnest we should not be amused. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.



Federalism


Federalism
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Author :
language : en
Publisher:
Release Date : 2020-03-17

Federalism written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-03-17 with History categories.




Federalism Or The Question Of Exclusive Power


Federalism Or The Question Of Exclusive Power
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Author : John W. King
language : en
Publisher:
Release Date : 1840

Federalism Or The Question Of Exclusive Power written by John W. King and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1840 with United States categories.




Federalism Or The Question Of Exclusive Power


Federalism Or The Question Of Exclusive Power
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Author : John W. King
language : en
Publisher: BoD – Books on Demand
Release Date : 2024-08-13

Federalism Or The Question Of Exclusive Power written by John W. King and has been published by BoD – Books on Demand this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-08-13 with Fiction categories.


Reprint of the original, first published in 1841.



A Question Perpetually Arising


A Question Perpetually Arising
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Author : David S. Schwartz
language : en
Publisher:
Release Date : 2017

A Question Perpetually Arising written by David S. Schwartz and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with categories.


The American constitutional order embodies a tension between two irreconcilable ideas. "Enumerationism" holds that federal powers are limited to those expressly enumerated in the Constitution, plus whatever implied powers are necessary and proper to execute them. What I call "capable federalism" asserts that the Constitution creates a national government fully empowered to address all national problems. Enumerationism rejects the idea that the federal government has general powers, or that it has implied powers of equal or greater dimension than those expressly listed. Capable federalism is a general power by definition, and it is fully compatible with formal recognition of implied "great" powers. Although the two theories are incompatible, our constitutional doctrine tries to harmonize them by claiming to adhere to enumerationism while evading its strictures. We find various constitutional tricks and cheats to accommodate the "structural imperative" that any federalist system must ensure that all social problems can be addressed by at least one level of government. Still, an ideological overlay of enumerationism continues to suppress any formal recognition of capable federalism. This article argues that enumerationism is an ideology far more than it is a viable constitutional theory. Lacking a compelling claim to our constitutional fidelity as a matter of text or history, enumerationism is also lacking as a principle. Its purported logical premises"that a limited grant of power requires enumeration, and that an enumeration must always be interpreted as exclusive"are both false. The inability of enumerationism to explain implied powers undermines its logical consistency. And by requiring as an axiom that there be some regulatory gap"identifiable subjects of national regulatory concern that cannot be adequately addressed by any level of government in our federal system"enumerationism imposes social costs without a countervailing justification. Not surprisingly, our constitutional practice, over the long run from ratification to the present, has been reflective of capable federalism: some way will be found to accommodate a federal power to address national legislative problems.



Foreign Affairs Federalism


Foreign Affairs Federalism
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Author : Michael J. Glennon
language : en
Publisher: Oxford University Press
Release Date : 2016-04-15

Foreign Affairs Federalism written by Michael J. Glennon 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 2016-04-15 with Law categories.


Challenging the myth that the federal government exercises exclusive control over U.S. foreign-policymaking, Michael J. Glennon and Robert D. Sloane propose that we recognize the prominent role that states and cities now play in that realm. Foreign Affairs Federalism provides the first comprehensive study of the constitutional law and practice of federalism in the conduct of U.S. foreign relations. It could hardly be timelier. States and cities recently have limited greenhouse gas emissions, declared nuclear free zones and sanctuaries for undocumented immigrants, established thousands of sister-city relationships, set up informal diplomatic offices abroad, and sanctioned oppressive foreign governments. Exploring the implications of these and other initiatives, this book argues that the national interest cannot be advanced internationally by Washington alone. Glennon and Sloane examine in detail the considerable foreign affairs powers retained by the states under the Constitution and question the need for Congress or the president to step in to provide "one voice" in foreign affairs. They present concrete, realistic ways that the courts can update antiquated federalism precepts and untangle interwoven strands of international law, federal law, and state law. The result is a lucid, incisive, and up-to-date analysis of the rules that empower-and limit-states and cities abroad.



Preemption Choice


Preemption Choice
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Author : William W. Buzbee
language : en
Publisher: Cambridge University Press
Release Date : 2008-12-15

Preemption Choice written by William W. Buzbee and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-12-15 with Law categories.


This book examines the theory, law, and reality of preemption choice. The Constitution's federalist structures protect states' sovereignty but also create a powerful federal government that can preempt and thereby displace the authority of state and local governments and courts to respond to a social challenge. Despite this preemptive power, Congress and agencies have seldom preempted state power. Instead, they typically have embraced concurrent, overlapping power. Recent legislative, agency, and court actions, however, reveal an aggressive use of federal preemption, sometimes even preempting more protective state law. Preemption choice fundamentally involves issues of institutional choice and regulatory design: should federal actors displace or work in conjunction with other legal institutions? This book moves logically through each preemption choice step, ranging from underlying theory to constitutional history, to preemption doctrine, to assessment of when preemptive regimes make sense and when state regulation and common law should retain latitude for dynamism and innovation.