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 60
... judges , a police chief , pri- vate practitioners who specialize in criminal defense , as well as scholars for the legal academic community . I would like it to be part of the record of this hearing that we benefited greatly from the ...
... judges , a police chief , pri- vate practitioners who specialize in criminal defense , as well as scholars for the legal academic community . I would like it to be part of the record of this hearing that we benefited greatly from the ...
Página 63
... judge that there is an element of Federal jurisdiction . I believe my col- league on the task force , Professor John Baker , who will testify later , will elaborate on this particular point . In summary , Mr. Chairman , the expanding ...
... judge that there is an element of Federal jurisdiction . I believe my col- league on the task force , Professor John Baker , who will testify later , will elaborate on this particular point . In summary , Mr. Chairman , the expanding ...
Página 64
... Judge Merritt . TESTIMONY OF HON . GILBERT S. MERRITT , 1 JUDGE , U.S. COURT OF APPEALS FOR THE SIXTH CIRCUIT , NASHVILLE , TENNESSEE Judge MERRITT . Mr. Chairman and Members of the Committee , I will be fairly brief . I take my text ...
... Judge Merritt . TESTIMONY OF HON . GILBERT S. MERRITT , 1 JUDGE , U.S. COURT OF APPEALS FOR THE SIXTH CIRCUIT , NASHVILLE , TENNESSEE Judge MERRITT . Mr. Chairman and Members of the Committee , I will be fairly brief . I take my text ...
Página 65
... it is very much an eclectic group including Mr. Meese , of course - just a few names - Susan Estrich , Howell Heflin , and you mentioned former Congressman Kastenmeier , Robert Litt , James F. Neal , a friend of Judge Merritt's and 65.
... it is very much an eclectic group including Mr. Meese , of course - just a few names - Susan Estrich , Howell Heflin , and you mentioned former Congressman Kastenmeier , Robert Litt , James F. Neal , a friend of Judge Merritt's and 65.
Página 66
... Judge Merritt's and mine from Nash- ville , Tennessee , and a prominent lawyer , Don Santarelli . And the conclusions that you came to here really ... judges in the entire been assigned Federal jurisdiction by Congress over the years . 66.
... Judge Merritt's and mine from Nash- ville , Tennessee , and a prominent lawyer , Don Santarelli . And the conclusions that you came to here really ... judges in the entire been assigned Federal jurisdiction by Congress over the years . 66.
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.