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
64개의 결과 중 1 - 5개
iv 페이지
... Question 1 Mandamus . Question 2 Proof of Validity . a . Negotiability b . Bona fides c . Absence of record . Question 3 Statute of Limitations ....... a . Orders due before May 12 , 1931 b . Orders due before September v - vi 1-5 6-50 ...
... Question 1 Mandamus . Question 2 Proof of Validity . a . Negotiability b . Bona fides c . Absence of record . Question 3 Statute of Limitations ....... a . Orders due before May 12 , 1931 b . Orders due before September v - vi 1-5 6-50 ...
페이지
... QUESTION 05 02. 믿음에 관하여 QUESTION 06 ~ QUESTION 10 03. 마음에 관하여 QUESTION 11 ~ QUESTION 16 04. 욕망에 관하여 QUESTION 17 ~ QUESTION 20 05. 타자에 관하여 QUESTION 21 ~ QUESTION 24 06. 진리에 관하여 QUESTION 25.
... QUESTION 05 02. 믿음에 관하여 QUESTION 06 ~ QUESTION 10 03. 마음에 관하여 QUESTION 11 ~ QUESTION 16 04. 욕망에 관하여 QUESTION 17 ~ QUESTION 20 05. 타자에 관하여 QUESTION 21 ~ QUESTION 24 06. 진리에 관하여 QUESTION 25.
4 페이지
... question of fraud Facts were insufficient to support a question of fraud in more than one- half ( 55.5 percent ) of the cases disposed of by administrative ... question of fraud . Cases with facts sufficient to support a question of fraud.
... question of fraud Facts were insufficient to support a question of fraud in more than one- half ( 55.5 percent ) of the cases disposed of by administrative ... question of fraud . Cases with facts sufficient to support a question of fraud.
6 페이지
... question been encouraged by the method of transportation which its people have used . We will without question continue to spread our population over large areas in the future and maintain a low population density . Seven or eight years ...
... question been encouraged by the method of transportation which its people have used . We will without question continue to spread our population over large areas in the future and maintain a low population density . Seven or eight years ...
8 페이지
... question . It is conceded that the form of question therein set forth was inaccurate in that it did not fully inform the voters as to the purpose of the amendment . However , the question in that form was not submitted to the electors ...
... question . It is conceded that the form of question therein set forth was inaccurate in that it did not fully inform the voters as to the purpose of the amendment . However , the question in that form was not submitted to the electors ...
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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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