Redefining Federalism

Redefining Federalism
Author: Douglas T. Kendall
Publisher: Environmental Law Institute
Total Pages: 175
Release: 2004
Genre: Central-local government relations
ISBN: 1585760862

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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 Delicate Balance

The Delicate Balance
Author: Adam D. Thierer
Publisher:
Total Pages: 268
Release: 1999
Genre: Law
ISBN:

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Federalism

Federalism
Author: Anthony J. Bellia Jr.
Publisher: Aspen Publishing
Total Pages: 765
Release: 2017-01-10
Genre: Law
ISBN: 1454887699

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This exciting book by Anthony J. Bellia is a unique collection of legal and scholarly materials intended for use in a range of courses, including Constitutional Law, Federalism, Federalism History, Federalism Theory, and Comparative Federalism. The first book of its kind, Federalism spans traditional subject areas, which allows a deeper and richer treatment of the subject. Features: Considers federalism questions across subject areas Transcends lines drawn by courses such as Constitutional Law, Federal Courts, and Civil Procedure Enables fuller and richer treatment of the subject of federalism Includes primary historical and theoretical sources relating to legal development and enduring questions Increases understanding of constitutional doctrine and fosters interdisciplinary learning Presents foundational materials useful for a range of courses on federalism

Constitutional Law

Constitutional Law
Author: Dan T. Coenen
Publisher:
Total Pages: 420
Release: 2004
Genre: Constitutional law
ISBN:

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Professor Coenenâe(tm)s treatment of the Commerce Clause broadly explores the division of powers between federal and state lawmaking authorities and considers alternative sources of federal power, particularly under the Taxing and Spending Clauses, as well as constitutionally inspired rules of statutory interpretation crafted by the Court to protect federalism values.

Federalism, State Sovereignty, and the Constitution

Federalism, State Sovereignty, and the Constitution
Author: Kenneth R. Thomas
Publisher: DIANE Publishing
Total Pages: 29
Release: 2011
Genre: Political Science
ISBN: 1437938108

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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.

Constructing a New Federalism

Constructing a New Federalism
Author:
Publisher:
Total Pages: 526
Release: 1996
Genre: Decentralization in government
ISBN:

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Federal Preemption of State and Local Law

Federal Preemption of State and Local Law
Author: James T. O'Reilly
Publisher: American Bar Association
Total Pages: 252
Release: 2006
Genre: Law
ISBN: 9781590317440

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Preemption is a doctrine of American constitutional law, under which states and local governments are deprived of their power to act in a given area, whether or not the state or local law, rule or action is in direct conflict with federal law. This book covers not only the basics of preemption but also focuses on such topics as federal mechanisms for agency preemption, implied forms of preemption, and defensive use of federal preemption in civil litigation.

Contemporary American Federalism

Contemporary American Federalism
Author: Joseph F. Zimmerman
Publisher: SUNY Press
Total Pages: 272
Release: 2009-07-01
Genre: Political Science
ISBN: 9780791475966

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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.