The U S Supreme Court And New Federalism
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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
Sovereign Immunity Or The Rule Of Law
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Author : Donald L. Doernberg
language : en
Publisher:
Release Date : 2005
Sovereign Immunity Or The Rule Of Law written by Donald L. Doernberg and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.
"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.
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.
State Courts And The New Federalism
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Author : Donald N. Jensen
language : en
Publisher:
Release Date : 1985
State Courts And The New Federalism written by Donald N. Jensen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1985 with Education and state categories.
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 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.
The Role Of State Supreme Courts In The New Judicial Federalism
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Author : Susan P. Fino
language : en
Publisher: Praeger
Release Date : 1987-04-23
The Role Of State Supreme Courts In The New Judicial Federalism written by Susan P. Fino and has been published by Praeger this book supported file pdf, txt, epub, kindle and other format this book has been release on 1987-04-23 with Law categories.
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.
New Frontiers Of State Constitutional Law
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Author : James A. Gardner
language : en
Publisher: Oxford University Press
Release Date : 2011-10-24
New Frontiers Of State Constitutional Law written by James A. Gardner 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 2011-10-24 with Law categories.
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.
Examples Explanations For Constitutional Law
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Author : Christopher N. May
language : en
Publisher: Aspen Publishing
Release Date : 2021-12-30
Examples Explanations For Constitutional Law written by Christopher N. May and has been published by Aspen Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-30 with Law categories.
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
The New Federalism Goes To Court
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Author : David L. Kirp
language : en
Publisher:
Release Date : 1983
The New Federalism Goes To Court written by David L. Kirp and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1983 with Education and state categories.