Federalism, the Supreme Court, and the Seventeenth Amendment: The Irony of Constitutional DemocracyLexington Books, 2001 - 307 páginas Abraham Lincoln worried that the "walls" of the constitution would ultimately be leveled by the "silent artillery of time." His fears materialized with the 1913 ratification of the Seventeenth Amendment, which, by eliminating federalism's structural protection, altered the very nature and meaning of federalism. Ralph A. Rossum's provocative new book considers the forces unleashed by an amendment to install the direct election of U.S. Senators. Far from expecting federalism to be protected by an activist court, the Framers, Rossum argues, expected the constitutional structure, particularly the election of the Senate by state legislatures, to sustain it. In Federalism, the Supreme Court, and the Seventeenth Amendment Rossum challenges the fundamental jurisprudential assumptions about federalism. He also provides a powerful indictment of the controversial federalist decisions recently handed down by an activist U.S. Supreme Court seeking to fill the gap created by the Seventeenth Amendment's ratification and protect the original federal design. Rossum's masterful handling of the development of federalism restores the true significance to an amendment previously consigned to the footnotes of history. It demonstrates how the original federal design has been amended out of existence; the interests of states as states abandoned and federalism left unprotected, both structurally and democratically. It highlights the ultimate irony of constitutional democracy: that an amendment intended to promote democracy, even at the expense of federalism, has been undermined by an activist court intent on protecting federalism, at the expense of democracy. |
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... unconstitutional federal laws abrogating state sovereign immunity in cases in which the states were charged with violating trademark or patent laws or were sued by their own employees for discrimination on the basis of age or disability ...
... unconstitutional federal laws abrogating state sovereign immunity in cases in which the states were charged with violating trademark or patent laws or were sued by their own employees for discrimination on the basis of age or disability ...
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... unconstitutional : in 1992 , the Low - Level Radioactive Waste Policy Amendments Act of 1985 , mandating that the states themselves must take title to radioactive waste within their borders if they fail otherwise to provide for its ...
... unconstitutional : in 1992 , the Low - Level Radioactive Waste Policy Amendments Act of 1985 , mandating that the states themselves must take title to radioactive waste within their borders if they fail otherwise to provide for its ...
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Índice
The Supreme Court Judicial Activism and the Protection of Federalism | 11 |
Constitutional Structure Federalism and the Securing of Liberty | 67 |
How the Framers Protected Federalism | 93 |
The Senates Protection of Federalism in the First Congress | 125 |
Marshalls Understanding of the Original Federal Design | 157 |
Altering the Original Federal Design The Adoption and Ratification of the Seventeenth Amendment | 181 |
The Supreme Courts Attempts to Protect the Original Federal Design | 233 |
Conclusion | 281 |
Works Cited | 289 |
Cases Cited | 297 |
301 | |
About the Author | |
Outras edições - Ver tudo
Federalism, the Supreme Court, and the Seventeenth Amendment: The Irony of ... Ralph A. Rossum Pré-visualização limitada - 2001 |
Federalism, the Supreme Court, and the Seventeenth Amendment: The Irony of ... Ralph A. Rossum Visualização de excertos - 2001 |
Federalism, the Supreme Court, and the Seventeenth Amendment : the Irony of ... Ralph A. Rossum Pré-visualização indisponível - 2001 |
Palavras e frases frequentes
1st Sess 53rd Congress abrogate state sovereign adoption Anti-Federalists argued argument Article Articles of Confederation authority Bank Bill of Rights City of Boerne Clarke and Hall College Savings Commerce Clause Committee concurrent Congress Congress's power Congressional Record constitutional structure constitutionality Creating the Bill Debates declared delegates Democracy Democrat direct election discrimination dissent Documentary History effect electing the Senate election of senators Eleventh Amendment enforce exercise Farrand federal courts federal government Federalist Florida Prepaid Fourteenth Amendment framers Graglia H. J. Res House interests interstate commerce James Madison Judiciary Act jurisdiction Law Review legislative legislatures majority Marshall McCulloch mode of electing national government opinion original federal design political power to regulate principle prohibited protect federalism question ratification regulate commerce Rehnquist remedy Representative Republican resolution RFRA Scalia Seminole Tribe separation of powers Seventeenth Amendment sovereign immunity sovereignty Supreme Court t]he Tenth Amendment unconstitutional United Veit violate Virginia vote York Zywicki
Referências a este livro
Comparative Federalism: A Systematic Inquiry Thomas O. Hueglin,Alan Fenna Visualização de excertos - 2006 |
Föderalismus und regionales Bewusstsein: ein internationaler Vergleich Klaus von Beyme Pré-visualização limitada - 2007 |