Federalism, the Supreme Court, and the Seventeenth Amendment: The Irony of Constitutional DemocracyLexington Books, 2001 - 307페이지 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. |
도서 본문에서
74개의 결과 중 1 - 5개
1 페이지
... houses of Congress by wide margins - in order to preserve what it has described as " the original federal design . " This book challenges the Court's fundamental jurisprudential assumptions about federalism and argues that ( 1 ) the ...
... houses of Congress by wide margins - in order to preserve what it has described as " the original federal design . " This book challenges the Court's fundamental jurisprudential assumptions about federalism and argues that ( 1 ) the ...
4 페이지
... house and another the state senate ; ( 2 ) scandals brought on by charges of bribery and corruption in the election of senators ; ( 3 ) the growing strength of the Populist movement , with its deep - seated suspicion of wealth and ...
... house and another the state senate ; ( 2 ) scandals brought on by charges of bribery and corruption in the election of senators ; ( 3 ) the growing strength of the Populist movement , with its deep - seated suspicion of wealth and ...
5 페이지
... House of Representatives and by a vote of ninety - seven to three in the Senate and enthusiastically signed into law by President William J. Clinton . The Court asserted that the Congress unconstitutionally exceeded the powers conferred ...
... House of Representatives and by a vote of ninety - seven to three in the Senate and enthusiastically signed into law by President William J. Clinton . The Court asserted that the Congress unconstitutionally exceeded the powers conferred ...
8 페이지
... House in legislating on every social , economic , or political problem it perceives as confronting the nation , even if the resulting measures are little more than blank checks of authority to the executive branch and the federal ...
... House in legislating on every social , economic , or political problem it perceives as confronting the nation , even if the resulting measures are little more than blank checks of authority to the executive branch and the federal ...
19 페이지
죄송합니다. 이 페이지의 내용은 보실 수 없습니다..
죄송합니다. 이 페이지의 내용은 보실 수 없습니다..
목차
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 |
기타 출판본 - 모두 보기
자주 나오는 단어 및 구문
1st Sess 53rd Congress abrogate state sovereign adoption Anti-Federalists argued argument Article Articles of Confederation authority Bank Bill of Rights City of Boerne Clarke and Hall College Savings Commerce Clause Committee concurrent Congress Congress's power Congressional Record constitutional structure constitutionality Creating the Bill Debates declared delegates Democracy Democrat direct election discrimination dissent Documentary History effect electing the Senate election of senators Eleventh Amendment enforce exercise Farrand federal courts federal government Federalist Florida Prepaid Fourteenth Amendment framers Graglia H. J. Res House interests interstate commerce James Madison Judiciary Act jurisdiction Law Review legislative legislatures majority Marshall McCulloch mode of electing national government opinion original federal design political power to regulate principle prohibited protect federalism question ratification regulate commerce Rehnquist remedy Representative Republican resolution RFRA Scalia Seminole Tribe separation of powers Seventeenth Amendment sovereign immunity sovereignty Supreme Court t]he Tenth Amendment unconstitutional United Veit violate Virginia vote York Zywicki