Book Description
A compelling examination of interposition as a constitutional tool that states use to monitor the federal government and organize resistance.
Author : Christian G. Fritz
Publisher : Cambridge University Press
Page : 425 pages
File Size : 48,51 MB
Release : 2023-01-31
Category : History
ISBN : 1009325574
A compelling examination of interposition as a constitutional tool that states use to monitor the federal government and organize resistance.
Author : Christian G. Fritz
Publisher : Cambridge University Press
Page : 425 pages
File Size : 27,15 MB
Release : 2023-01-26
Category : History
ISBN : 1009325590
Monitoring American Federalism examines some of the nation's most significant controversies in which state legislatures have attempted to be active partners in the process of constitutional decision-making. Christian G. Fritz looks at interposition, which is the practice of states opposing federal government decisions that were deemed unconstitutional. Interposition became a much-used constitutional tool to monitor the federal government and organize resistance, beginning with the Constitution's ratification and continuing through the present affecting issues including gun control, immigration and health care. Though the use of interposition was largely abandoned because of its association with nullification and the Civil War, recent interest reminds us that the federal government cannot run roughshod over states, and that states lack any legitimate power to nullify federal laws. Insightful and comprehensive, this appraisal of interposition breaks new ground in American political and constitutional history, and can help us preserve our constitutional system and democracy.
Author : Robert F. Nagel
Publisher : Oxford University Press
Page : 228 pages
File Size : 22,8 MB
Release : 2002-11
Category : Political Science
ISBN : 9780195347975
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.
Author : Larry N. Gerston
Publisher : M.E. Sharpe
Page : 300 pages
File Size : 42,41 MB
Release : 2007
Category : Business & Economics
ISBN : 9780765622105
Understanding federalism - the form of political organization that unites separate polities within an overarching political system so that all maintain their political integrity - is central to the study of democratic government in the United States. Yet, many political scientists treat federalism as a set of abstract principles or a maze of budgetary transfers with little connection to real political life. This concise and engaging book boils the discussion down to its essence: federalism is about power, specifically the tug for power among and within the various levels of government. Author ...
Author : Daniel Judah Elazar
Publisher :
Page : 256 pages
File Size : 13,65 MB
Release :
Category :
ISBN :
Author : Richard H. Leach
Publisher : W. W. Norton
Page : 280 pages
File Size : 22,98 MB
Release : 1970
Category : Federal government
ISBN :
Author : Joseph F. Zimmerman
Publisher : SUNY Press
Page : 272 pages
File Size : 39,42 MB
Release : 2009-07-01
Category : Political Science
ISBN : 9780791475966
Traces the development of the American federal system of government, focusing principally on the shifting balance of powers between the national government and the states.
Author : Joseph Francis Zimmerman
Publisher :
Page : 254 pages
File Size : 19,61 MB
Release : 2008
Category : Political Science
ISBN : 9781435686915
Traces the development of the American federal system of government, focusing principally on the shifting balance of powers between the national government and the states.
Author : Susan Low Bloch
Publisher : Praeger
Page : 0 pages
File Size : 11,3 MB
Release : 2013-09-09
Category : History
ISBN : 0313318840
This book analyzes the structure of our constitutional system of government, providing an overview of the constitutional history of American federalism as it has been developed in decisions of the United States Supreme Court. Federalism: A Reference Guide to the United States Constitution provides a thorough examination of this significant and distinctive part of the U.S. constitutional system, documenting its role in major domestic constitutional controversies in every period of American history. Although the book is organized historically rather than doctrinally, the marked evolutions of important areas of doctrine are addressed over time. These subject areas include the scope of Congress's power under the Commerce Clause, the scope of Congress's powers under the Fourteenth and other post-Civil War Amendments, the states' authority to regulate commercial and economic matters when Congress is silent, the principle of the supremacy of federal law and the law of preemption that follows from it, intergovernmental and sovereign immunities, the obligation of state courts to enforce federal law, and the scope of national power to regulate or impose obligations on the states.
Author : Michael D. Reagan
Publisher : New York : Oxford University Press
Page : 212 pages
File Size : 27,7 MB
Release : 1981
Category : Business & Economics
ISBN :
Provides instructions and tips for using computers and digital cameras for scrapbooking, discussing such topics as hardware and software, writing text, choosing typeface, designing pages, using embellishments, and sharing the scrapbook.