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Federalism as Seen by the U.S. Supreme Court

Author : Richard H. W. Maloy

Publisher : Vandeplas Pub.

Page : 340 pages

File Size : 31,98 MB

Release : 2008

Category : Constitutional law

ISBN :

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Book Description

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

Author : Douglas T. Kendall

Publisher : Environmental Law Institute

Page : 175 pages

File Size : 22,16 MB

Release : 2004

Category : Central-local government relations

ISBN : 1585760862

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Book Description

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

Author : Christopher P. Banks

Publisher : Rowman & Littlefield Publishers

Page : 364 pages

File Size : 31,51 MB

Release : 2012-07-13

Category : Law

ISBN : 1442218584

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Book Description

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. Using descriptive and empirical methods in political science and legal scholarship, and informed by diverse approaches to judicial ideology, from historical to new institutionalist, they investigate how the U.S. Supreme Court rulings have shaped the political principle of federalism. 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. In addition, they analyze areas of federalism not normally studied by scholars such as religious liberty and foreign affairs.



American Federalism

Author : Larry N. Gerston

Publisher : M.E. Sharpe

Page : 216 pages

File Size : 50,6 MB

Release : 2007

Category : Business & Economics

ISBN : 9780765616715

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Book Description

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.



Real Federalism

Author : Michael S. Greve

Publisher : American Enterprise Institute

Page : 232 pages

File Size : 26,71 MB

Release : 1999

Category : Federal government

ISBN : 9780844741000

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Book Description

Real federalism is a federalism that promotes citizen choice and competition among the states



The Implosion of American Federalism

Author : Robert F. Nagel

Publisher : Oxford University Press

Page : 228 pages

File Size : 17,15 MB

Release : 2002-11

Category : Political Science

ISBN : 9780195347975

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Book Description

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.



Constitutional Landmarks

Author : Charles M. Lamb

Publisher : Springer Nature

Page : 296 pages

File Size : 11,76 MB

Release : 2020-12-01

Category : Political Science

ISBN : 3030555755

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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.



Federalism and Foreign Policy: Do the States have Rights?

Author : Ilka Kreimendahl

Publisher : GRIN Verlag

Page : 30 pages

File Size : 27,47 MB

Release : 2005-04-26

Category : Literary Collections

ISBN : 3638371271

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Book Description

Seminar paper from the year 2003 in the subject American Studies - Culture and Applied Geography, grade: 1,0/ A, University of Kassel, course: American Federalism - Die Entwicklung eines politischen Modells, language: English, abstract: Throughout history the American nation has been significantly altered by the decisions of the Supreme Court which has been responsible for the correct interpretation of the most important American document: the United States Constitution. Especially concerning the separation of powers among the different governmental branches legislature, judiciary, and executive and the subdivision of power between the federal government and the governments of the constituent states, a lot of decisions had to be made. The rulings of the Highest Court of the United States shaped the country and its future considerably and delegated more rights to the federal government. This paper will investigate in particular the question if the member states of the federal union do have rights in regard to foreign policy or if they are completely subordinate to the decisions of Congress. Beginning with an explanation of the term federalism, I will try to give a brief overview over the American governmental system. Following that, I will take a closer look at the basis of the American government – the U.S. Constitution and the delegation of powers it attends to. The third part then deals with U.S. foreign affairs, the constitutional background it is based on, and moreover the role Congress plays in foreign policy-making. Subsequently, in the next chapter, the focus will be on the constituent states and their special role within the federal union and in this context I will consider predominantly their possibilities to have an influence on foreign affairs matters. Finally, the thesis will consider two of the most important cases that have been ruled by the United States Supreme Court: the opinions in Chae Chan Ping v. U.S. – ‘The Chinese Exclusion Case’ – and U.S. v. Curtiss-Wright Export Corp. have been among the most significant decisions concerning U.S. federalism and have been of great importance for the role of the states in foreign affairs. To conclude, I will summarize the results that fo llow from this work.



Courts in Federal Countries

Author : Nicholas Theodore Aroney

Publisher : University of Toronto Press

Page : 600 pages

File Size : 25,80 MB

Release : 2017-04-24

Category : Law

ISBN : 1487511485

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Book Description

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.



American Government 3e

Author : Glen Krutz

Publisher :

Page : 0 pages

File Size : 13,26 MB

Release : 2023-05-12

Category :

ISBN : 9781738998470

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Book Description

Black & white print. American Government 3e aligns with the topics and objectives of many government courses. Faculty involved in the project have endeavored to make government workings, issues, debates, and impacts meaningful and memorable to students while maintaining the conceptual coverage and rigor inherent in the subject. With this objective in mind, the content of this textbook has been developed and arranged to provide a logical progression from the fundamental principles of institutional design at the founding, to avenues of political participation, to thorough coverage of the political structures that constitute American government. The book builds upon what students have already learned and emphasizes connections between topics as well as between theory and applications. The goal of each section is to enable students not just to recognize concepts, but to work with them in ways that will be useful in later courses, future careers, and as engaged citizens. In order to help students understand the ways that government, society, and individuals interconnect, the revision includes more examples and details regarding the lived experiences of diverse groups and communities within the United States. The authors and reviewers sought to strike a balance between confronting the negative and harmful elements of American government, history, and current events, while demonstrating progress in overcoming them. In doing so, the approach seeks to provide instructors with ample opportunities to open discussions, extend and update concepts, and drive deeper engagement.