Federalism : a Reference Guide to the United States Constitution.
Federalism: A Reference Guide to the United States Constitution provides a thorough examination of this significant and distinctive part of the U.S. constitutional system, documenting its role in major domestic constitutional controversies in every period.
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Full text (MCPHS users only) |
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| Format: | Electronic eBook |
| Language: | English |
| Published: |
Santa Barbara :
ABC-CLIO,
2013
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| Series: | Reference guides to the United States Constitution.
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| Subjects: | |
| Local Note: | ProQuest Ebook Central |
Table of Contents:
- Cover; CONTENTS; ACKNOWLEDGMENTS; INTRODUCTION; Chapter I: The Founding to the Civil War; The Convention and the Constitution; Federal Power to Review State Court Decisions and Laws; Contracts Clause; Eleventh Amendment; State Law in Federal Diversity Cases; Broad Scope of National Legislative Powers; Intergovernmental Tax Immunity; Gibbons; Indian Tribes as "Dependent Sovereigns"; State Legislative Authority in Light of Federal Power: Exclusivity, Concurrency, Supremacy, and Preemption; Federal Obligations and State Officials: Extradition and Return; State Court Jurisdiction.
- National Powers, Part II: Dred Scott as "Antiprecedent"Chapter II: The Civil War and Its Aftermath; The Court's Approach to the Thirteenth, Fourteenth, and Fifteenth Amendments: Federalism Unchanged? Racism Untamed?; State Contracts, Reconstruction Debt, and Eleventh-Amendment Sovereign Immunity; State Court Jurisdiction, Intergovernmental Immunity, and Judicial Federalism; Business Regulation in a Changing Economy: Due-Process and Commerce-Clause Challenges to State and Federal Regulation; Federal Power, Finance, and the National Government's Powers.
- Foreign Affairs: The Rising Claims for Federal ExclusivityChapter III: The Early Twentieth Century; The Distinctive Role of Amendments in Reshaping American Federalism: Taxing, Spending, and the Senate; "Classical" Legal Thought and Federal Power over Economic Matters: Commerce Clause, Due Process, and Taxes; Child Labor, Outlaw Products, and Lottery Tickets; Taxing and Spending; Rate Regulation and Business Affected with a Public Interest; Railroad Safety, Employment, and the Draft; Special Rules for Unions?; The Early New Deal Decisions: Commerce, Spending, and Taxing.
- The Dormant Commerce ClauseOther Constitutional Limitations on the States; Immunities: Sovereign Immunity and Intergovernmental Taxes; Judicial Federalism; Federalism and Foreign Affairs; Chapter IV: The New Deal Court through the Warren Court; New Deal Jurisprudence and Federal Power Unleashed; The Threat of Court-Packing and the 1937 "Switch in Time"; Federal Power Expanded; The Commerce Clause and Economic Regulation; The Taxing and Spending Power and Cooperative Federalism; War Powers: Threats to Federalism?; State Government Powers and the Economy.
- Regulatory Powers Unleashed: Due Process and Economic RegulationErie and Federal Common Law: State Law Extended?; The "Dormant" Commerce Clause; Foreign Affairs and the Interplay of Federal and State Power; Preemption; Intergovernmental Immunities; State Sovereign Immunity; Tax Immunities, Tenth Amendment, and Testamentary Dispositions; Judicial and Legislative Immunities; Protecting Civil Rights and Liberties: The Changing Role of the Federal Government; Brown v. Board of Education and Its Aftermath.
