Federalism the Supreme Court and the Seventeenth Amendment the Irony of Constitutional Democracy

Author: Ralph A. Rossum
Publisher: Lexington Books
ISBN: 9780739102862
Format: PDF, ePub, Docs
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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.

Theodore and Woodrow

Author: Andrew P. Napolitano
Publisher: Thomas Nelson
ISBN: 1595554211
Format: PDF, ePub, Docs
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“Either the Constitution means what it says, or it doesn’t.” America’s founding fathers saw freedom as a part of our nature to be protected—not to be usurped by the federal government—and so enshrined separation of powers and guarantees of freedom in the Constitution and the Bill of Rights. But a little over a hundred years after America’s founding, those God-given rights were laid siege by two presidents caring more about the advancement of progressive, redistributionist ideology than the principles on which America was founded. Theodore and Woodrow is Judge Andrew P. Napolitano’s shocking historical account of how a Republican and a Democratic president oversaw the greatest shift in power in American history, from a land built on the belief that authority should be left to the individuals and the states to a bloated, far-reaching federal bureaucracy, continuing to grow and consume power each day. With lessons rooted in history, Judge Napolitano shows the intellectually arrogant, anti-personal freedom, even racist progressive philosophy driving these men to poison the American system of government. And Americans still pay for their legacy—in the federal income, in state-prescribed compulsory education, in the Federal Reserve, in perpetual wars, and in the constant encroachment of a government that coddles special interests and discourages true competition in the marketplace. With his attention to detail, deep constitutional knowledge, and unwavering adherence to truth telling, Judge Napolitano moves through the history of these men and their times in office to show how American values and the Constitution were sadly set aside, leaving personal freedom as a shadow of its former self, in the grip of an insidious, Nanny state, progressive ideology.

The Constitutionalism of American States

Author: George E. Connor
Publisher: University of Missouri Press
ISBN: 0826266053
Format: PDF, ePub
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"This comparative study of state constitutions offers insightful overviews of the general and specific problems that have confronted America's constitution writers since the country's founding. Each chapter reflects the constitutional theory and history of a single state, encompassing each document's structure, content, and evolution"-- Provided by publisher.

The Road to Mass Democracy

Author: C. H. Hoebeke
Publisher: Transaction Publishers
ISBN: 1412838770
Format: PDF, Mobi
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Before the Seventeenth Amendment, US senators were elected by state legislatures. To end the supposed corruption of state "machines" and make the Senate more responsive to the legislative needs of the industrial era, the Senate was made a popularly elected body in 1913. Meanwhile, the spread of information and communications technology, it was argued, had rendered indirect representation through state legislators unnecessary. However, C. H. Hoebeke contends, none of these reasons accorded with the original intent of the Constitution's framers. To the founders, democracy simply meant the absolute rule of the majority. They proposed instead a "mixed" Constitution, an ancient ideal under which democracy was only one element in a balanced republic. Hoebeke demonstrates that the states, which were to provide the aristocratic Senate and the monarchical president, never resisted egalitarian encroachments, and settled for popular expedients when electing both presidents and senators long before the formal cry for amendment. The Road to Mass Democracy addresses the corruption, character and conduct of senate candidates and other issues relating to the triumph of "plebiscitary government" over "representative checks and balances." This work offers a provocative, readable, and often satiric reexamination of America's attempt to solve the problems of democracy with more democracy.

The California Republic

Author: Brian P. Janiskee
Publisher: Rowman & Littlefield Publishers
ISBN: 0742572374
Format: PDF, ePub, Docs
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The essays in The California Republic explore the evolution of Progressivism in California and also its contemporary policy consequences. Designed to work in tandem with other texts or as a stand-alone reader, the book examines themes ranging from founding principles to institutions, from local government to statesmanship, and from elections to policy analysis. By daring to use a variety of approaches, these essays lead to a greater understanding of the polity of the nation's largest state and a deeper appreciation of the nature of republican government.

Antonin Scalia s Jurisprudence

Author: Ralph A. Rossum
Publisher:
ISBN:
Format: PDF
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"This book is the first comprehensive, reasoned, and sympathetic analysis of how Scalia has decided cases during his entire nineteen-year Supreme Court tenure. Ralph Rossum focuses on Scalia's more than 600 Supreme Court opinions and dissents - carefully wrought, passionately argued, and filled with well-turned phrases - which portray him as an eloquent defender of an "original meaning" jurisprudence. He also includes analyses of Scalia's Court of Appeals opinions for the D.C. Circuit, his major law review articles as a law professor and judge, and his provocative book, A Matter of Interpretation."--BOOK JACKET.

American Constitutional Law The structure of government

Author: Ralph A. Rossum
Publisher: Cengage Learning
ISBN: 9780312184513
Format: PDF, Docs
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To understand the principles, prospects, and problems of American government, one must understand the U.S. Constitution. AMERICAN CONSTITUTIONAL LAW, Fifth Edition, analyzes the design and purpose of this document, and in doing so examines how power is conferred and limited among the branches of the federal government. Drawing on constitutional interpretations from many sources, this text provides a complete depiction of the United States' defining document.

The Irony of Democracy An Uncommon Introduction to American Politics

Author: Thomas Dye
Publisher: Cengage Learning
ISBN: 0495501239
Format: PDF, Docs
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While most American politics texts address American politics from a pluralist perspective, THE IRONY OF DEMOCRACY: AN UNCOMMON INTRODUCTION TO AMERICAN POLITICS, Fourteenth Edition, approaches the subject by addressing the theme of elitism and contrasting it with democratic theory and modern pluralist theory. Its key question is, How democratic is American society? Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.

Federalism and the Tug of War Within

Author: Erin Ryan
Publisher: Oxford University Press
ISBN: 0199737983
Format: PDF, Kindle
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As environmental, national security, and technological challenges push American law into ever more inter-jurisdictional territory, this book proposes a model of 'Balanced Federalism' that mediates between competing federalism values and provides greater guidance for regulatory decision-making.

Electing the Senate

Author: Wendy J. Schiller
Publisher:
ISBN: 9780691163161
Format: PDF, Mobi
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"With the Seventeenth Amendment back in the news, Schiller and Stewart reexamine how state legislatures elected U.S. senators, to determine whether indirect elections were as unsavory and ineffective as charged, and whether popular elections have worked as well as reformers predicted. Their findings may surprise those on both sides of the ongoing debate."--Donald A. Ritchie, author of "The U.S. Congress: A Very Short Introduction" "This eye-opening book examines some of the most important questions in the development of representative government in the United States. It explores the often disastrous consequences of the original Constitutional scheme, the ways in which party politics and corruption can overtake deliberative processes, the unfulfilled promises of reformers, and the institutional conditions that foster government responsiveness and accountability. Everyone interested in American politics must read this book."--Steven S. Smith, Washington University in St. Louis "This is a fine book by two of the most accomplished and able scholars studying the U.S. Congress. Their findings will undoubtedly become the definitive work on how the indirect election of U.S. senators by individual state legislatures influenced the upper chamber of Congress and American politics."--Richard Bensel, Cornell University "The U.S. Senate is front and center in determining policy in America, and given its importance, it is critical to understand the relationship of its members to constituents. Based on a careful and massive collection of original data, this excellent book provides a clear picture of indirect Senate elections and their consequences." --John Lapinski, University of Pennsylvania