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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73개의 결과 중 1 - 5개
3 페이지
... York v . United States , 14 Lopez v . United States , 15 Seminole Tribe of Florida v . Florida , 16 City of Boerne v . Flores , " Printz v . United States , 18 Florida Prepaid Postsecondary Education Expense Board v . College Savings ...
... York v . United States , 14 Lopez v . United States , 15 Seminole Tribe of Florida v . Florida , 16 City of Boerne v . Flores , " Printz v . United States , 18 Florida Prepaid Postsecondary Education Expense Board v . College Savings ...
6 페이지
... York v . United States , 505 U.S. 144 ( 1992 ) ; ◊ in 1995 , the Gun - Free School Zone Act of 1990 , banning firearms within " a distance of 1,000 feet from the grounds of a public , parochial or private school , " Lopez v . United ...
... York v . United States , 505 U.S. 144 ( 1992 ) ; ◊ in 1995 , the Gun - Free School Zone Act of 1990 , banning firearms within " a distance of 1,000 feet from the grounds of a public , parochial or private school , " Lopez v . United ...
7 페이지
... York : Hilliard & Gray , 1833 ) , § 454 , 1 : 441 . See also Jay S. Bybee , " Ulysses at the Mast : Democracy , Federalism , and the Sirens ' Song of the Seventeenth Amendment , " Northwestern University Law Review 91 ( 1997 ) : 547 . 8 ...
... York : Hilliard & Gray , 1833 ) , § 454 , 1 : 441 . See also Jay S. Bybee , " Ulysses at the Mast : Democracy , Federalism , and the Sirens ' Song of the Seventeenth Amendment , " Northwestern University Law Review 91 ( 1997 ) : 547 . 8 ...
8 페이지
... York : W. W. Norton , 1969 ) , 134-35 . This development has led to what Lowi calls " policy without law . " Lowi , End of Liberalism , 126. It has weakened not only the states but the Congress itself ; with the Senate no longer ...
... York : W. W. Norton , 1969 ) , 134-35 . This development has led to what Lowi calls " policy without law . " Lowi , End of Liberalism , 126. It has weakened not only the states but the Congress itself ; with the Senate no longer ...
9 페이지
... ( 1962 ) . 31. 369 U.S. at 217 . 32. Richard N. Current ( ed . ) , The Political Thought of Abraham Lincoln ( New York : Bobbs - Merrill , 1967 ) , 20 . Chapter 1 The Supreme Court , Judicial Activism , and Introduction 9.
... ( 1962 ) . 31. 369 U.S. at 217 . 32. Richard N. Current ( ed . ) , The Political Thought of Abraham Lincoln ( New York : Bobbs - Merrill , 1967 ) , 20 . Chapter 1 The Supreme Court , Judicial Activism , and Introduction 9.
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