The US Supreme Court and the Centralization of Federal Authority

The US Supreme Court and the Centralization of Federal Authority

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  • Author: Michael A. Dichio
  • Publisher: SUNY Press
  • ISBN: 1438472536
  • Category : History
  • Languages : en
  • Pages : 296

Traces the US Supreme Court’s effect on federal government growth from the founding era forward. This book explores the US Supreme Court’s impact on the constitutional development of the federal government from the founding era forward. The author’s research is based on an original database of several hundred landmark decisions compiled from constitutional law casebooks and treatises published between 1822 and 2010. By rigorously and systematically interpreting these decisions, he determines the extent to which the court advanced and consolidated national governing authority. The result is a portrait of how the high court, regardless of constitutional issue and ideology, persistently expanded the reach and scope of the federal government. “Dichio takes a fairly unique approach to thinking about the relationship between the US Supreme Court and the development of the American state. Scholars interested in American political development and historical work on the law and the courts should grapple with the evidence on offer here.” — Keith E. Whittington, coauthor of American Constitutionalism, Second Edition


The US Supreme Court and the Centralization of Federal Authority

The US Supreme Court and the Centralization of Federal Authority

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  • Author: Michael A. Dichio
  • Publisher: State University of New York Press
  • ISBN: 1438472544
  • Category : Political Science
  • Languages : en
  • Pages : 296

Traces the US Supreme Court’s effect on federal government growth from the founding era forward. This book explores the US Supreme Court’s impact on the constitutional development of the federal government from the founding era forward. The author’s research is based on an original database of several hundred landmark decisions compiled from constitutional law casebooks and treatises published between 1822 and 2010. By rigorously and systematically interpreting these decisions, he determines the extent to which the court advanced and consolidated national governing authority. The result is a portrait of how the high court, regardless of constitutional issue and ideology, persistently expanded the reach and scope of the federal government. Michael A. Dichio is Assistant Professor of Political Science at Fort Lewis College.


Courts in Federal Countries

Courts in Federal Countries

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  • Author: Nicholas Theodore Aroney
  • Publisher: University of Toronto Press
  • ISBN: 1487511485
  • Category : Law
  • Languages : en
  • Pages : 600

Courts are key players in the dynamics of federal countries since their rulings have a direct impact on the ability of governments to centralize and decentralize power. Courts in Federal Countries examines the role high courts play in thirteen countries, including Australia, Brazil, Canada, Germany, India, Nigeria, Spain, and the United States. The volume’s contributors analyse the centralizing or decentralizing forces at play following a court’s ruling on issues such as individual rights, economic affairs, social issues, and other matters. The thirteen substantive chapters have been written to facilitate comparability between the countries. Each chapter outlines a country’s federal system, explains the constitutional and institutional status of the court system, and discusses the high court’s jurisprudence in light of these features. Courts in Federal Countries offers insightful explanations of judicial behaviour in the world’s leading federations.


Litigating Federalism

Litigating Federalism

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  • Author: Bill Swinford
  • Publisher: Bloomsbury Publishing USA
  • ISBN: 0313370931
  • Category : Law
  • Languages : en
  • Pages : 174

Waltenburg and Swinford provide a detailed and systematic examination of state government activity before the U.S. Supreme Court. They provide an explanatory model of state litigation behavior that both rests upon a solid theoretical perspective and places state decisions in a larger political context. After an examination of the evolution of U.S. constitutional law on issues of direct state concern, Waltenburg and Swinford focus most of their attention on qualitative and quanitative analyses of the behavior over time of states in all their roles before the Court. Scholars and other researchers interested in judicial decision-making, Constitutional Law, and inter-governmental relations will find this a particularly useful study.


The Implosion of American Federalism

The Implosion of American Federalism

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  • Author: Robert F. Nagel
  • Publisher: Oxford University Press
  • ISBN: 0190289201
  • Category : Law
  • Languages : en
  • Pages : 224

At a time of unprecedented national power, why do so many Americans believe that our nationhood is fragile and precarious? Why the talk--among politicians, academics, and jurists--of "coups d'etat," of culture wars, of confederation, of constitutional breakdown? In this wide-ranging book, Robert Nagel proposes a surprising znswer: that anxiety about national unity is caused by centralization itself. Moreover, he proposes that this anxiety has dangerous cultural consequences that are, in an implosive cycle, pushing the country toward ever greater centralization. Carefully examining recent landmark Supreme Court cases that protect states' rights, Nagel argues that the federal judiciary is not leading and is not likely to lead a revival of the complex system called federalism. A robust version of federalism requires appreciation for political conflict and respect for disagreement about constitutional meaning, both values that are deeply antithetical to the Court's function. That so many believe this most centralized of our Nation's institutions is protecting, even overprotecting, state power is itself a sign of the depletion of those understandings necessary to sustain the federal system. Instead of a support for federalism, Nagel finds a commitment to radical nationalism throughout the constitutional law establishment. He traces this commitment to traditionally American traits like perfectionism, optimism, individualism, and legalism. Under modern conditions of centralization, these attractive traits are leading to unattractive social consequences, including tolerance, fearfulness, utopianism, and deceptiveness. They are degrading our political discourse. All this encourages further centralization and further cultural deterioration. This book puts the major federalism decisions within the framework of the Court's overall record, including its record on individual rights in areas like abortion, homosexuality, and school desegregation. And, giving special attention to public debate over privacy and impeachment, it places modern constitutional law in the context of political discourse more generally.


The U.S. Supreme Court and New Federalism

The U.S. Supreme Court and New Federalism

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  • Author: Christopher P. Banks
  • Publisher: Rowman & Littlefield
  • ISBN: 0742535045
  • Category : Law
  • Languages : en
  • Pages : 363

Constitutional scholars Christopher P. Banks and John C. Blakeman offer the most current and the first book-length study of the U.S. Supreme Court's "new federalism" begun by the Rehnquist Court and now flourishing under Chief Justice John Roberts. While the Rehnquist Court reinvorgorated new federalism by protecting state sovereignty and set new constitutional limits on federal power, Banks and Blakeman show that in the Roberts Court new federalism continues to evolve in a docket increasingly attentive to statutory construction, preemption, and business litigation


Bargaining Under Federalism

Bargaining Under Federalism

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  • Author: Sarah F. Liebschutz
  • Publisher: SUNY Press
  • ISBN: 9780791406342
  • Category : Business & Economics
  • Languages : en
  • Pages : 264

This book examines bargaining in the federal system from the perspective of a single state, New York. The central theme is mutual dependence under federalism, a dynamic relationship between states and the national government. Case studies are presented that focus on New York as influencer of, and reactor to, federal policies in the 1970's and 1980's. Cases of influence include New York's efforts to secure loan guarantees for New York City in 1975 and 1978, and to retain state and local tax deductions in the Tax Reform Act of 1986. Cases of reaction involve New York's responses to the Reagan budget cuts of 1981 and to the siting of a Superconducting Supercollider near Rochester. The first book on American federalism written from the perspective of a single state, Bargaining Under Federalism makes a unique contribution to our understanding of the workings of federalism.


The Supreme Court in the American System of Government

The Supreme Court in the American System of Government

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  • Author: Robert H. Jackson
  • Publisher:
  • ISBN:
  • Category :
  • Languages : en
  • Pages : 114


The Supreme Court's Federalism

The Supreme Court's Federalism

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  • Author: Frank Goodman
  • Publisher: SAGE Publications, Incorporated
  • ISBN:
  • Category : Political Science
  • Languages : en
  • Pages : 252

In the last decade, the Supreme Court has handed down a remarkable series of decisions invalidating congressional legislation in the name of federalism or states' rights. Most of these were decided by a razor-thin majority of five justices. The cases fall into four categories. First, in two cases the Court reaffirmed and expanded the principle of state sovereign immunity. In a second pair of cases, the Court held that state governments (other than their courts) cannot be "commandeered" by Congress to assist in the enforcement of federal law. Third, for the first time since the early New Deal, the Curt, but the familiar 5-4 margin, invalidated a federal statute enacted pursuant to the interstate commerce clause. Finally, the Court adopted a new, and extremely demanding, standard of review for congressional action under Section 5 of the Fourteenth Amendment, which empowers Congress to "enforce" the amendment "by appropriate legislation." The 13 articles in this volume of The Annals deal with the various aspects of the Supreme Court's federalist revival and the principles underlying it. The first three articles discuss these principles in comprehensive terms. Each of the next three articles focuses on a particular aspect of the federalism principle or its judicial enforcement. These articles are followed by a contribution with regard to Congress' ability to escape the constitutional limitations of federalism by means of conditional grants under the spending clause. The next three articles point up alternative themes, purposes, or agendas in the Court's federalism decisions. Another two contributions focus on the anti-commandeering issue, but place that issue in a broader context. The final article illuminates, from several perspectives, the four-year-old federal habeas corpus statute (the Anti-Terrorism and Effective Death Penalty Act). The Supreme Court's recent decision in Bush v. Gore - issued shortly before this volume went to press - dramatically reverses the case and principles that are the subject of the articles in this volume. Perhaps the best justification for the Court's action is not legal but political. The majority justices - or some of them - may have looked down the road and seen a constitutional catastrophe in the making. Unfortunately, there is also a less benign explanation: one or more of the justices may have reached the conclusion that if the presidential outcome were going to be determined by an act of judicial will, it would be their will, and not that of the Florida Supreme Court.


Contemporary American Federalism

Contemporary American Federalism

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  • Author: Joseph F. Zimmerman
  • Publisher: State University of New York Press
  • ISBN: 0791477657
  • Category : Political Science
  • Languages : en
  • Pages : 268

Traces the development of the American federal system of government, focusing principally on the shifting balance of powers between the national government and the states.