Federalism State Sovereignty And The Constitution
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Federalism State Sovereignty And The Constitution
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Author : Kenneth R. Thomas
language : en
Publisher: DIANE Publishing
Release Date : 2011
Federalism State Sovereignty And The Constitution written by Kenneth R. Thomas and has been published by DIANE Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Political Science categories.
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.
Federalism State Sovereignty And The Constitution
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Author : Kenneth R. Thomas
language : en
Publisher:
Release Date : 2010
Federalism State Sovereignty And The Constitution written by Kenneth R. Thomas and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Federal government categories.
Zw Lf Jahre Lehrstuhl Und Institut F R Humangenetik Der Universit T Kiel 1956 1968
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Author :
language : en
Publisher:
Release Date : 1968
Zw Lf Jahre Lehrstuhl Und Institut F R Humangenetik Der Universit T Kiel 1956 1968 written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1968 with categories.
Federalism State Sovereignty And The Constitution
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Author : Kenneth R. Thomas
language : en
Publisher:
Release Date : 2003
Federalism State Sovereignty And The Constitution written by Kenneth R. Thomas and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Federal government categories.
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.
The Tenth Amendment And State Sovereignty
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Author : Mark Robert Killenbeck
language : en
Publisher: Rowman & Littlefield
Release Date : 2002
The Tenth Amendment And State Sovereignty written by Mark Robert Killenbeck and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Law categories.
In the wake of the 2000 Election, the relationship between the Supreme Court and the American states has become more important. Once derided by the Supreme Court as a 'truism, ' the Tenth Amendment has in recent years been transformed from a neglected provision into a vital 'first principle.' As such, it has provided the foundation for a series of decisions in which the Supreme Court has elevated the status of the states, often at the expense of federal power and in the face of previously settled assumptions. In this important volume, four prominent scholars--two historians and two law professors--examine carefully one of the central tenets in the Supreme Court's recent Tenth Amendment jurisprudence: the assumption that the results fashioned by a narrow majority are compelled by history and consistent with the intentions of the framers. They shed important new light on a series of decisions that mark a major change in our thinking about the nature of a constitutional system within which both the federal government and the states properly regard themselves as sovereign entities.
State Sovereignty And The Role Of The Federal Government
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Author : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution, Federalism, and Property Rights
language : en
Publisher:
Release Date : 1997
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 has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Political Science categories.
The Fallacies Of States Rights
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Author : Sotirios A. Barber
language : en
Publisher: Harvard University Press
Release Date : 2013-01-14
The Fallacies Of States Rights written by Sotirios A. Barber and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-14 with Political Science categories.
The idea that “states’ rights” restrain national power is riding high in American judicial and popular opinion. Here, Sotirios A. Barber shows how arguments for states’ rights, from the days of John C. Calhoun to the present, have offended common sense, logic, and bedrock constitutional principles. To begin with, states’ rights federalism cannot possibly win the debate with national federalism owing to the very forum in which the requisite argument must occur—a national one, thanks to the Civil War—and the ordinary rules of practical argumentation. Further, the political consequences of this self-defeating logic can only hasten the loss of American sovereignty to international economic forces. Both philosophical and practical reasons compel us to consider two historical alternatives to states’ rights federalism. In the federalism of John Marshall, the nation’s most renowned jurist, the national government’s duty to ensure security, prosperity, and other legitimate national ends must take precedence over all conflicting exercises of state power. In “process” federalism, the Constitution protects the states by securing their roles in national policy making and other national decisions. Barber opts for Marshall’s federalism, but the contest is close, and his analysis takes the debate into new, fertile territory. Affirming the fundamental importance of the Preamble, Barber advocates a conception of the Constitution as a charter of positive benefits for the nation. It is not, in his view, a contract among weak separate sovereigns whose primary function is to protect people from the central government, when there are greater dangers to confront.
State Sovereignty
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Author : Federico Lines
language : en
Publisher:
Release Date : 2020-09-23
State Sovereignty written by Federico Lines and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-09-23 with categories.
In this great American federalism republic land of ours, our founding fathers gave us the principles and judgment to create several autonomous and sovereign states. These autonomous and sovereign states were to form a more perfect union with an administrative central power. There have been a few members of the court that have truly interpreted these principles to the last ink drop of the constitution. And there have been others that have sought to interpret in their own words or of special interests and not the interests of the Framers of the Constitution.
Federalism
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Author : Melissa V. Holdstedt
language : en
Publisher: Nova Publishers
Release Date : 2006
Federalism written by Melissa V. Holdstedt and has been published by Nova Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Political Science categories.
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.
Reconceptualizing Sovereignty In The Post National State Statehood Attributes In The International Order
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Author : Flavio G. I. Inocencio
language : en
Publisher: Author House
Release Date : 2014
Reconceptualizing Sovereignty In The Post National State Statehood Attributes In The International Order written by Flavio G. I. Inocencio and has been published by Author House this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Law categories.
* This book offers a multidisciplinary approach to the study of the concept of sovereignty. * This book outlines the origins, context and evolution of the concept of sovereignty as an essential attribute of the modern territorial State since the Peace of Westphalia in 1648. * The book identifies two competing traditions of the concept of sovereignty; the tradition inaugurated by Jean Bodin in 1576 in his work "The Six Books of the Commonwealth" and another that started with Johannes Althusius in 1603, considered the 'father' of federal theory, in his less known work "Politica". * In order to understand the concept of sovereignty, it is necessary to understand the 'constitutional rules' of each international system and the fact that the States are the primary polities in the international arena. * The rise of International Organizations and the increasing 'institutionalization' of the international system challenges this state-centric world, considering their exercise of sovereign powers. * Following authors such as Daniel Elazar, the book discusses the importance of federalism as political theory, which offers a different understanding of the concept of sovereignty. * The book discusses the European Union as a paradigmatic case of a 'postmodern confederation', which challenges the notion of sovereignty as an absolute and exclusive statehood attribute. * Furthermore, the reconceptualization of sovereignty in International Law should consider the rise of regional and functional legal orders, the different understandings of sovereignty offered by the federalist tradition and the processes of 'deterritorialization' and disaggregation of authority. * The book concludes with the idea that concept of sovereignty in International Law should be seen as a flexible concept which is not an exclusive attribute of the modern territorial state. This book is required reading for all interested in the history and the evolution of the concept of sovereignty.
