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 3
... Federal Government and State , local , and trib- al governments ? Many of us ... courts - to read the tea leaves , so to speak , to determine whether or not ... courts not to find preemption if the statute doesn't explicitly require it ...
... Federal Government and State , local , and trib- al governments ? Many of us ... courts - to read the tea leaves , so to speak , to determine whether or not ... courts not to find preemption if the statute doesn't explicitly require it ...
Página 12
... Federal courts and that our capacity to use the Tenth Amendment , until recently , has simply gone unnoticed by the Federal courts . The second was the direct election of the U.S. Senate . Now , I would not advocate that we go back to ...
... Federal courts and that our capacity to use the Tenth Amendment , until recently , has simply gone unnoticed by the Federal courts . The second was the direct election of the U.S. Senate . Now , I would not advocate that we go back to ...
Página 21
... us . Representative Blue , would you like to begin , please , sir ? TESTIMONY OF HON ... Federal preemption of State and local law , and NCSL and the Big 7 truly ... courts as to what the Congressional in- tention is when legislation is ...
... us . Representative Blue , would you like to begin , please , sir ? TESTIMONY OF HON ... Federal preemption of State and local law , and NCSL and the Big 7 truly ... courts as to what the Congressional in- tention is when legislation is ...
Página 22
... courts , and Federal agencies to preempt State law without carefully thinking about what the impact is and how it may affect State and local governments and their ability to partici- pate in this Federal system . But second , and I ...
... courts , and Federal agencies to preempt State law without carefully thinking about what the impact is and how it may affect State and local governments and their ability to partici- pate in this Federal system . But second , and I ...
Página 23
... Federal level to deal with a broad range of issues . Two other things and I will close , because I think that I want ... courts when you intend to preempt , again , wiping out the field of implied pre- emption , which has become so pervasive ...
... Federal level to deal with a broad range of issues . Two other things and I will close , because I think that I want ... courts when you intend to preempt , again , wiping out the field of implied pre- emption , which has become so pervasive ...
Palavras e frases frequentes
administrative American Attorney authority bill Chairman THOMPSON citizens Commerce Clause Committee concerns Congress congressional intent Constitution consultation create criminal justice criminal law decisions devolution drug effect efforts enacted example Executive Order federal agencies federal courts federal criminal law federal government federal preemption federal statute Federal system Federalism Accountability Act federalism assessment federalist FEDERALIST PAPERS final rules Framers going Governor Leavitt implementation important interests Internet Internet Tax issues John Dorso Judge MERRITT judicial review jurisdiction legislatures limited Mandates Reform Act Meese ment national government NCSL partnership police power potential preempt preempt State law preemptive President problem Professor programs proposed prosecution prosecutors protect regulation regulatory regulatory offenses requirements responsibility revenue rulemaking rules of construction Section 6(c Senator VOINOVICH Seventeenth Amendment statement Supremacy Clause Supreme Court Task Force Tenth Amendment testimony Thank things tion Unfunded Mandates Reform
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.