Federalism, the Supreme Court, and the Seventeenth Amendment: The Irony of Constitutional DemocracyLexington Books, 2001 - 307ÆäÀÌÁö Abraham Lincoln worried that the "walls" of the constitution would ultimately be leveled by the "silent artillery of time." His fears materialized with the 1913 ratification of the Seventeenth Amendment, which, by eliminating federalism's structural protection, altered the very nature and meaning of federalism. Ralph A. Rossum's provocative new book considers the forces unleashed by an amendment to install the direct election of U.S. Senators. Far from expecting federalism to be protected by an activist court, the Framers, Rossum argues, expected the constitutional structure, particularly the election of the Senate by state legislatures, to sustain it. In Federalism, the Supreme Court, and the Seventeenth Amendment Rossum challenges the fundamental jurisprudential assumptions about federalism. He also provides a powerful indictment of the controversial federalist decisions recently handed down by an activist U.S. Supreme Court seeking to fill the gap created by the Seventeenth Amendment's ratification and protect the original federal design. Rossum's masterful handling of the development of federalism restores the true significance to an amendment previously consigned to the footnotes of history. It demonstrates how the original federal design has been amended out of existence; the interests of states as states abandoned and federalism left unprotected, both structurally and democratically. It highlights the ultimate irony of constitutional democracy: that an amendment intended to promote democracy, even at the expense of federalism, has been undermined by an activist court intent on protecting federalism, at the expense of democracy. |
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... Cities v . Usery in 1976 , the United States Supreme Court's frequent reaction to this congressional expansion of national power at the expense of the states was and has been to attempt to fill the gap created by the ratification of the ...
... Cities v . Usery in 1976 , the United States Supreme Court's frequent reaction to this congressional expansion of national power at the expense of the states was and has been to attempt to fill the gap created by the ratification of the ...
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... Cities in 1976 , it has repeatedly forgotten it . It argues that the Court - typically by the slimmest of majorities ... City of Boerne v . Flores , " Printz v . United States , 18 Florida Prepaid Postsecondary Education Expense Board v ...
... Cities in 1976 , it has repeatedly forgotten it . It argues that the Court - typically by the slimmest of majorities ... City of Boerne v . Flores , " Printz v . United States , 18 Florida Prepaid Postsecondary Education Expense Board v ...
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... City of Boerne v . Flores , the most blatant example to date of the Supreme Court's effort to protect a pre - Seventeenth Amendment understanding of federalism at the expense of the people's post - Seventeenth Amendment commitment to ...
... City of Boerne v . Flores , the most blatant example to date of the Supreme Court's effort to protect a pre - Seventeenth Amendment understanding of federalism at the expense of the people's post - Seventeenth Amendment commitment to ...
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... City of Boerne has quickly become an extremely influential precedent . The Court has subsequently relied on it to declare unconstitutional federal laws abrogating state sovereign immunity in cases in which the states were charged with ...
... City of Boerne has quickly become an extremely influential precedent . The Court has subsequently relied on it to declare unconstitutional federal laws abrogating state sovereign immunity in cases in which the states were charged with ...
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... Cities v . Usery , 426 U.S. 833 ( 1976 ) . For the next sixteen years , the Court held its hand and , in fact , in ... City of Boerne v . Flores , 521 U.S. 507 ( 1997 ) , and a key provision of the Brady Handgun Violence Prevention Act ...
... Cities v . Usery , 426 U.S. 833 ( 1976 ) . For the next sixteen years , the Court held its hand and , in fact , in ... City of Boerne v . Flores , 521 U.S. 507 ( 1997 ) , and a key provision of the Brady Handgun Violence Prevention Act ...
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The Supreme Court Judicial Activism and the Protection of Federalism | 11 |
Constitutional Structure Federalism and the Securing of Liberty | 67 |
How the Framers Protected Federalism | 93 |
The Senates Protection of Federalism in the First Congress | 125 |
Marshalls Understanding of the Original Federal Design | 157 |
Altering the Original Federal Design The Adoption and Ratification of the Seventeenth Amendment | 181 |
The Supreme Courts Attempts to Protect the Original Federal Design | 233 |
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