The Constitution


Book Description

As the supreme law of the country, the Constitution delineates the nation's frame of government and was originally comprised of seven articles. The first three articles put forth the separation of powers (three branches of government), the next three embody the concepts of federalism (rights and responsibilities of the states in relationship to the federal government), and the last article established the procedure used by the then 13 states to ratify it. It has been amended 27 times to meet the needs of a nation that has undergone profound change. The first ten amendments are known as the Bill of Rights and were added at the insistence of Anti-Federalists who sought guarantees of personal freedoms and restrictions on government power. Various other amendments likewise relate to federal authority. The Constitution has remained in force for over two centuries due to the way the framers separated and balanced governmental powers. It is interpreted, supplemented, and implemented by a large body of federal constitutional law, and has influenced the constitutions of other nations. Documents examined in this two-volume set include: Documents from the Constitutional Convention Federalist Papers for and against ratification Articles on the Separation of Powers Amendments on Voting and Elections Debates about Government's Role in Commerce Debates over the key Articles of the Constitution The Bill of Rights Amendments on Federal Authority and States' Rights Amendments safeguarding Justice and Criminal Procedure Supreme Court cases testing Constitutional principles Each in-depth chapter provides a thorough commentary and analysis of each primary source document, often reprinted in its entirety. Commentary includes a Summary, Overview, Defining Moment, Author Biography, Detailed Document Analysis, and discussion of Essential Themes.




Federal-State Relations


Book Description

This report on federal-state relations was prepared by the Council of State Governments for the Commission on Organization of the Executive Branch. The primary focus is placed on fiscal relations and the future of federal-state relations.




Federal-state Relations in Sabah, Malaysia


Book Description

This book is a study of the political development of the Malaysian state of Sabah under the administration of Parti Bersatu Rakyat Jelata Sabah (Berjaya - Sabah People's United Party), which controlled the state legislature between 1976 and 1985. It attempts to disentangle the three dominant themes within social scientific studies of Sabah: the issues of federalism, the politics of ethnicity, and the political economy of development. The book argues that the emergence of a developmental discourse under the Berjaya regime in Sabah can largely be traced to its failure to reconcile the localized ethnic politics of Sabah with the demands of a strong central state and thus the need to find an alternative strategy of political support and control. While this strategy proved effective when developmental growth was high during the first Berjaya administration (1976-81), the relative collapse of the state economy from 1982 onwards exposed its ethnic predilections and prefigured declining support for the regime, particularly among the non-Muslim bumiputera groups. Despite the consolidation of federal support for Berjaya under the Mahathir administration, the unravelling of the Berjaya project was by this stage unstoppable. In the final analysis, the attempt to create a more compliant state administration under Berjaya came undone precisely because it failed to take into account the localized dimension of politics in Sabah.







Constitutional Landmarks


Book Description

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.




Foreign Relations in Federal Countries


Book Description

Foreign Relations in Federal Countries addresses questions such as: What constitutional powers do the federal governments and constituent states have to conduct foreign affairs? To what degree are relations between orders of government regularized by formal agreement or informal practice? What roles do constituent governments have in negotiation and implementation of international treaties? The volume offers a comparative perspective on the conduct of foreign relations in twelve federal countries: Argentina, Australia, Austria, Belgium, Canada, Germany, India, Malaysia, South Africa, Spain, Switzerland, and the United States.




Federal Courts and the Law of Federal-state Relations


Book Description

This casebook provides detailed information on federal courts and the law of federal-state relations. Part I explores the intersection of federalism and separation of powers that provide the constitutional foundations of a modern Federal Courts course. Part II covers jurisdiction, and Part III deals with Federal Court enforcement of Federal rights. The final chapter is devoted to certain technically complex questions of remedial interaction, notably the relation of federal habeas corpus to Section 1983. The Seventh Edition of this established casebook features a new co-author, Curtis A. Bradley of Duke, and, to an extent, a new agenda. In line with Professor Bradley's interests, the intersections between federal courts and international law have been developed in considerable detail. Additionally, the Seventh Edition features a completely restructured habeas chapter, designed to present this increasingly complicated body of law in an more approachable manner. Topics include: The role of customary international law in the federal courts; International tribunals; International abstention; and Habeas corpus and the war on terror.




State Documents on Federal Relations


Book Description

This volume by Herman V. Ames contains a collection of state documents related to the debate over federalism in the United States during the late 18th and early 19th centuries. It includes articles of secession, petitions for statehood, and correspondence between state governors and federal officials. The documents shed light on the complex and evolving relationship between the federal government and the states during this period. 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.




State Documents on Federal Relations


Book Description

Excerpt from State Documents on Federal Relations: The States and the United States The following collection of documents on the relations of the States to the Federal Government, 1789 - 1861, comprises typical papers covering the official action of various states in different sections of the country, relative to the chief political and consti tutional issues in our history. The documents have been selected especially with a view to illustrate the development of the doc trines of broad and strict construction, the prevalence of the compact theory of the Constitution and the doctrine of State Rights, State opposition to the Federal Judiciary, and the differ ent phases of the slavery controversy, culminating in the seces sion movement. The truth of the statement of Alexander John ston, that Almost every State in the Union in turn declared its own sovereignity and denounced as almost treasonable similar declarations in other cases by other States, is fully sustained by the following documents. 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 and Health Policy


Book Description

The balance between state and federal health care financing for low-income people has been a matter of considerable debate for the last 40 years. Some argue for a greater federal role, others for more devolution of responsibility to the states. Medicaid, the backbone of the system, has been plagued by an array of problems that have made it unpopular and difficult to use to extend health care coverage. In recent years, waivers have given the states the flexibility to change many features of their Medicaid programs; moreover, the states have considerable flexibility to in establishing State Children's Health Insurance Programs. This book examines the record on the changing health safety net. How well have states done in providing acute and long-term care services to low-income populations? How have they responded to financial incentives and federal regulatory requirements? How innovative have they been? Contributing authors include Donald J. Boyd, Randall R. Bovbjerg, Teresa A. Coughlin, Ian Hill, Michael Housman, Robert E. Hurley, Marilyn Moon, Mary Beth Pohl, Jane Tilly, and Stephen Zuckerman.