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
We have done that with respect to our clean air and clean water standards that
know no geographic boundaries ; we have done that with regulating trucks and
vehicles that drive through any and all States in our Nation ; we have done that in
...
We have done that with respect to our clean air and clean water standards that
know no geographic boundaries ; we have done that with regulating trucks and
vehicles that drive through any and all States in our Nation ; we have done that in
...
Página 21
In response to that , or with respect to that , we have basically favored six bills that
are pending before the Congress now . Some of them have been alluded to by
Governor Thompson and Governor Leavitt a little bit earlier . This morning , I ...
In response to that , or with respect to that , we have basically favored six bills that
are pending before the Congress now . Some of them have been alluded to by
Governor Thompson and Governor Leavitt a little bit earlier . This morning , I ...
Página 51
I do not think that they actually restrain the substance of what the Congress can
do when it really wants to act , and I think the court really believes it cannot do
that because precedent is so much against it in that respect . If it really did that ...
I do not think that they actually restrain the substance of what the Congress can
do when it really wants to act , and I think the court really believes it cannot do
that because precedent is so much against it in that respect . If it really did that ...
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 72
The last point I will make is that I have a genuine concern about the integrity of
our judicial system and the respect which we have to have for it if it is to succeed
and if that respect is not — if we do not strive to make that respect universal , I am
...
The last point I will make is that I have a genuine concern about the integrity of
our judicial system and the respect which we have to have for it if it is to succeed
and if that respect is not — if we do not strive to make that respect universal , I am
...
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Accountability action activity administrative agencies Amendment American 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 prepared President principles problem programs proposed prosecution protect question reason recent reform regard regulation regulatory representatives 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.