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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... direct election of the United States Senate . By ending the Constitution's original mode of electing senators by state legislatures , he argued that the Seventeenth Amendment eliminated the most important structural feature of the ...
... direct election of the United States Senate . By ending the Constitution's original mode of electing senators by state legislatures , he argued that the Seventeenth Amendment eliminated the most important structural feature of the ...
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... voting to impose this burdensome regulation on their state . Justice Scalia's commentary was provocative ; I had not ... direct election of the Senate . Charles R. Kesler , director of the Salvatori Center for the Study of Individual ...
... voting to impose this burdensome regulation on their state . Justice Scalia's commentary was provocative ; I had not ... direct election of the Senate . Charles R. Kesler , director of the Salvatori Center for the Study of Individual ...
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... direct election of the Senate , changed all that . After an eighty - six - year campaign , the Seventeenth Amendment ... directly by the people rather than indirectly through their state legislatures . The consequences of the ...
... direct election of the Senate , changed all that . After an eighty - six - year campaign , the Seventeenth Amendment ... directly by the people rather than indirectly through their state legislatures . The consequences of the ...
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... election of senators brought about when one party controlled the state assembly or house and another the state senate ; ( 2 ) scandals brought on by charges of bribery and corruption in the election ... direct democracy , " 29 i.e. , its ...
... election of senators brought about when one party controlled the state assembly or house and another the state senate ; ( 2 ) scandals brought on by charges of bribery and corruption in the election ... direct democracy , " 29 i.e. , its ...
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... election to fill such vacancies : Provided , That the Legislature of any State may empower the Executive thereof to make temporary appointments until the people fill the vacancies by election as the Legislature may direct . This ...
... election to fill such vacancies : Provided , That the Legislature of any State may empower the Executive thereof to make temporary appointments until the people fill the vacancies by election as the Legislature may direct . This ...
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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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