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. |
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56개의 결과 중 1 - 5개
페이지
... review article and eventually into this book . I wish to acknowledge my gratitude to the many organizations and individuals who have assisted me in bringing this project to completion . The appointment as a visiting scholar at the ...
... review article and eventually into this book . I wish to acknowledge my gratitude to the many organizations and individuals who have assisted me in bringing this project to completion . The appointment as a visiting scholar at the ...
페이지
... to the San Diego Law Review for allowing me to incorporate major portions of my article into this book . Ralph A. Rossum Claremont , California March 23 , 2001 Introduction This book is a critical commentary on the spate Preface xi.
... to the San Diego Law Review for allowing me to incorporate major portions of my article into this book . Ralph A. Rossum Claremont , California March 23 , 2001 Introduction This book is a critical commentary on the spate Preface xi.
4 페이지
... reviews the post - Seventeenth Amendment congressional expansion of national power at the expense of the states as well as the Court's sporadic attempts to fill the gap created by the Seventeenth Amendment and to protect " the original ...
... reviews the post - Seventeenth Amendment congressional expansion of national power at the expense of the states as well as the Court's sporadic attempts to fill the gap created by the Seventeenth Amendment and to protect " the original ...
7 페이지
... Review 36 , no . 1 ( August / September 1999 ) : 671-741 . 4. Philip B. Kurland and Ralph Lerner ( eds . ) , The Founders ' Constitution , 5 vols . ( Chicago : University of Chicago Press , 1987 ) , 2 : 232 . 5. The text of the ...
... Review 36 , no . 1 ( August / September 1999 ) : 671-741 . 4. Philip B. Kurland and Ralph Lerner ( eds . ) , The Founders ' Constitution , 5 vols . ( Chicago : University of Chicago Press , 1987 ) , 2 : 232 . 5. The text of the ...
8 페이지
... Review 49 ( 1996 ) : 1360-89 . 9. It must be stressed that this is not a " cause and effect " argument ; clearly , many factors account for the rapid expansion of the national government , with two world wars and the Cold War ...
... Review 49 ( 1996 ) : 1360-89 . 9. It must be stressed that this is not a " cause and effect " argument ; clearly , many factors account for the rapid expansion of the national government , with two world wars and the Cold War ...
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 |
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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