Federalism: Hearings Before the Committee on Governmental Affairs, United States Senate, One Hundred Sixth Congress, First Session, May 5, 1999, the State of Federalism; May 6, 1999, Federalism and Crime Control; July 14, 1999, S. 1214--the Federalism Accountability Act of 1999U.S. Government Printing Office, 1999 - 433 páginas |
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Página 2
However, I have become increasingly concerned that the Federal Government's
role in our society has expanded far beyond what the constitutional Framers
intended. Moreover, this expansion has continually encroached on the traditional
...
However, I have become increasingly concerned that the Federal Government's
role in our society has expanded far beyond what the constitutional Framers
intended. Moreover, this expansion has continually encroached on the traditional
...
Página 58
Although a more vigilant court could help preserve federalism, it may be difficult
indeed to increase Congress' respect for the constitutional and prudential limits to
passing crime legislation. There is growing consensus across the criminal ...
Although a more vigilant court could help preserve federalism, it may be difficult
indeed to increase Congress' respect for the constitutional and prudential limits to
passing crime legislation. There is growing consensus across the criminal ...
Página 195
Indeed , it is the first question our founders faced , brst in frarning our constitution
and then in defending it against its many adversaries . Confronted with the
manifest inadequacies of the Articlos of Confederation , the founders set out to ...
Indeed , it is the first question our founders faced , brst in frarning our constitution
and then in defending it against its many adversaries . Confronted with the
manifest inadequacies of the Articlos of Confederation , the founders set out to ...
Página 225
45 , Madison notes , " The powers delegated by the proposed Constitution to the
federal government are few and defined . Those which are to remain in the Siate
governments are numerous and indefinite . 19 It is clear from the Founders ...
45 , Madison notes , " The powers delegated by the proposed Constitution to the
federal government are few and defined . Those which are to remain in the Siate
governments are numerous and indefinite . 19 It is clear from the Founders ...
Página 226
Worse , very little consideration goes to what power in the Constitution authorizes
those acts of Congress . Clearly , legislators should devote at least five or ten
minutes of floor time to justify the statutes they propose . Points of order then
could ...
Worse , very little consideration goes to what power in the Constitution authorizes
those acts of Congress . Clearly , legislators should devote at least five or ten
minutes of floor time to justify the statutes they propose . Points of order then
could ...
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Palavras e frases frequentes
Accountability action activity administrative agencies Amendment American assessment Association authority believe bill Chairman THOMPSON changes cities Clause clear Commerce Committee concerns Congress congressional consider Constitution construction consultation costs courts create crime criminal criminal law deal decisions Department direct effect efforts enacted example Executive Order fact federal courts federal criminal federal government federal law final force give going Governor House impact implementation important increase intent interests issues judges judicial jurisdiction Justice law enforcement legislation limited local governments look major Mandates matter mean officials opportunity organizations pass political potential preempt preemption President principles problem programs proposed prosecution protect question reason recent reform regard regulation regulatory represent requirements respect responsibility result rules Senator statement statute Task testimony Thank things trying United views
Passagens conhecidas
Página 235 - The powers delegated by the proposed constitution to the federal government, are few and defined. Those which are to remain in the state governments, are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce ; with which last the power of taxation will, for the most part, be connected. The powers reserved to the several states will extend to all the objects, which, in the ordinary course of affairs, concern the lives,...
Página 294 - If this choice represents a reasonable accommodation of conflicting policies that were committed to the agency's care by the statute, we should not disturb it unless it appears from the statute or its legislative history that the accommodation is not one that Congress would have sanctioned.
Página 99 - Rice v. Santa Fe Elevator Corp., 331 US 218, 230, 67 S.Ct. 1146, 1152,91 L.Ed. 1447: "Congress legislated here in a field which the States have traditionally occupied. ... So we start with the assumption that the historic police powers of the States were not to be superseded by the Federal Act unless that was the clear and manifest purpose of Congress.
Página 126 - where compliance with both federal and state regulations is a physical impossibility..., " Florida Lime & Avocado Growers, Inc. v. Paul, 373 US 132, 142-143 (1963), or where the state " law stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress.
Página 236 - There is one transcendent advantage belonging to the province of the State Governments, which alone suffices to place the matter in a clear and satisfactory light, — I mean the ordinary administration of criminal and civil justice.
Página 388 - Union, to which a similar authority in the States would be absolutely and totally contradictory and repugnant. I use these terms to distinguish this last case from another which might appear to resemble it, but which would in fact be essentially different. I mean where the exercise of a concurrent jurisdiction might be productive of occasional interferences in the policy of any branch of administration, but would not imply any direct contradiction or repugnancy in point of constitutional authority.
Página 285 - ADMINISTRATOR OFFICE OF INFORMATION AND REGULATORY AFFAIRS OFFICE OF MANAGEMENT AND BUDGET before the SUBCOMMITTEE ON NATIONAL ECONOMIC GROWTH, NATURAL RESOURCES.
Página 336 - Order is intended only to improve the internal management of the Federal government, and is not intended to create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers or any person.
Página 278 - It is rather my belief that the right of people to be free of state action that discriminates against them because of race, like the "right of persons to move freely from State to State occupies a more protected position in our constitutional system than does the movement of cattle, fruit, steel and coal across state lines.
Página 210 - this relation, then, the proposed government cannot be deemed a national one ; since its jurisdiction extends to certain enumerated objects only, and leaves to the several states, a residuary and inviolable sovereignty over all other objects.