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 58
criminal offenses, many of which do not even attempt to make the case that such
crimes "substantially affect interstate commerce," as the Supreme Court requires.
Although a more vigilant court could help preserve federalism, it may be difficult ...
criminal offenses, many of which do not even attempt to make the case that such
crimes "substantially affect interstate commerce," as the Supreme Court requires.
Although a more vigilant court could help preserve federalism, it may be difficult ...
Página 254
With respect to the criminal law , the Framers cannot have conceived that the
federal criminal jurisdiction would be as broad as it is today . In 1789 , federal
criminal offenses were very few in number and dealt mostly with injuries to the
federal ...
With respect to the criminal law , the Framers cannot have conceived that the
federal criminal jurisdiction would be as broad as it is today . In 1789 , federal
criminal offenses were very few in number and dealt mostly with injuries to the
federal ...
Página 263
the resource - skewing effect from this and criminal law suggests that the
legislative tion ensuring that all crime policies are other of its regulatory actions .
branch is not seriously considering subject to careful consideration accordWe
propose a ...
the resource - skewing effect from this and criminal law suggests that the
legislative tion ensuring that all crime policies are other of its regulatory actions .
branch is not seriously considering subject to careful consideration accordWe
propose a ...
Página 267
If , despite the growth of federal criminal law , the states still prosecute all but a
small fraction of criminal cases , it might seem that the federalization of crime has
practically little effect , and is therefore of little concern . The point , though , is
only ...
If , despite the growth of federal criminal law , the states still prosecute all but a
small fraction of criminal cases , it might seem that the federalization of crime has
practically little effect , and is therefore of little concern . The point , though , is
only ...
Página 278
Thus it was that Congress made it criminal ( as states had already done ) to
possess a gun near a school based on the notion -- rejected by the Supreme
Court in U.S. v . Lopez's -- that guns near schools had a substantialeffecton
interstate ...
Thus it was that Congress made it criminal ( as states had already done ) to
possess a gun near a school based on the notion -- rejected by the Supreme
Court in U.S. v . Lopez's -- that guns near schools had a substantialeffecton
interstate ...
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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.
Informação bibliográfica
| Título | 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 1999 Volumes 106-196 de S. hrg, United States Congress |
| Autores | United States, United States. Congress. Senate. Committee on Governmental Affairs |
| Edição | ilustrada |
| Editora | U.S. Government Printing Office, 1999 |
| ISBN | 0160597838, 9780160597831 |
| Número de páginas | 433 páginas |
| Exportar citação | BiBTeX EndNote RefMan |