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

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

Pragmatism Politics and Perversity

Author: Joseph L. Esposito
Publisher: Lexington Books
ISBN: 0739173634
Format: PDF, ePub, Docs
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A philosophical yet detailed history of the American party battle explaining why partisan debate is so perverse and how it could be made less so. Building upon the heritage of American pragmatism, from Peirce to Rorty and the new pragmatists, as well as the work of historian Charles Beard, the book identifies that battle as a struggle between nation state and market state, with special emphasis on the perversity of Civil War politics.

American Constitutional Law Volume I

Author: Ralph A. Rossum
Publisher: Hachette UK
ISBN: 0813350301
Format: PDF
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American Constitutional Law, Volume I provides a comprehensive account of the nation's defining document, examining how its provisions were originally understood by those who drafted and ratified it, and how they have since been interpreted by the Supreme Court, Congress, the President, lower federal courts, and state judiciaries. Clear and accessible chapter introductions and a careful balance between classic and recent cases provide students with a sense of how the law has been understood and construed over the years. The Tenth Edition has been fully revised to include seven new cases, including key decisions National Labor Relations Board v. Noel Canning, Zivotofsky v. Kerry, Adoptive Couple v. Baby Girl, Horne v. Department of Agriculture and Comptroller of the Treasure of Maryland v. Wynne. A revamped and expanded companion website offers access to even more additional cases, an archive of primary documents, and links to online resources, making this text essential for any constitutional law course.

Regierungssystem der USA

Author: Wolfgang Jäger
Publisher: Oldenbourg Verlag
ISBN: 348671127X
Format: PDF, ePub, Mobi
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Der nunmehr in dritter Auflage erscheinende Band ist als eine wissenschaftlich-systematische Einführung in das Regierungssystem der USA konzipiert. Er macht die besonderen Bedingungen des innen- und außenpolitischen Prozesses in den Vereinigten Staaten von Amerika für seine Leserinnen und Leser verständlich. Im Vordergrund der Betrachtungen stehen die Verfassungsordnung und die politischen Institutionen sowie die sie tragenden und beeinflussenden Kräfte.

Theodore and Woodrow

Author: Andrew P. Napolitano
Publisher: Thomas Nelson
ISBN: 1595554211
Format: PDF, Kindle
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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, Docs
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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.

American Constitutional Law The structure of government

Author: Ralph A. Rossum
Publisher: Cengage Learning
ISBN: 9780312184513
Format: PDF, ePub, 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 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: 9780700623501
Format: PDF, Docs
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The first comprehensive, reasoned, and sympathetic analysis of how Scalia has decided cases now covers his entire Supreme Court tenure.