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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페이지
... measure , for the senators would have known that , to be reelected , they would eventually have to appear before their state legislators and explain to those who had power over their reelection why they had so little confidence in their ...
... measure , for the senators would have known that , to be reelected , they would eventually have to appear before their state legislators and explain to those who had power over their reelection why they had so little confidence in their ...
페이지
... measures that gave so much power to the federal government at the expense of the states , ( 2 ) the Seventeenth Amendment changed not only how senators were elected but also the principal structural protection of federalism and ...
... measures that gave so much power to the federal government at the expense of the states , ( 2 ) the Seventeenth Amendment changed not only how senators were elected but also the principal structural protection of federalism and ...
2 페이지
... measures that adversely affected the states as states - measures that , quite simply , the Senate previously would never have approved . " Initially , i.e. , during the period from the amendment's ratification in 1913 to National Labor ...
... measures that adversely affected the states as states - measures that , quite simply , the Senate previously would never have approved . " Initially , i.e. , during the period from the amendment's ratification in 1913 to National Labor ...
8 페이지
... measures increased in number and intrusiveness , they have also become , in Theodore J. Lowi's terms , more abstract , general , novel , discretionary , and prescriptive ( in contrast to earlier pre - Seventeenth Amendment legislation ...
... measures increased in number and intrusiveness , they have also become , in Theodore J. Lowi's terms , more abstract , general , novel , discretionary , and prescriptive ( in contrast to earlier pre - Seventeenth Amendment legislation ...
12 페이지
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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