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American Federalism and Individual Rights

American Federalism and Individual Rights
Author: Stephanie Mora Walls
Publisher: Rowman & Littlefield
Total Pages: 261
Release: 2021-02-15
Genre: Political Science
ISBN: 1498589456

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The protection of individual rights and the division of power between the national government and the states are core principles upon which American governance is built, but how well do these concepts work together and to what extent could they be at cross purposes? American Federalism and Individual Rights presents both of these founding concepts and explores their compatibility through policy-specific studies, including civil rights, education, marriage equality, and physician-assisted death. Written for anyone interested in American politics, the author presents all of the foundational information one would need to make their own assessment of how federalism works to either promote or undermine the protection of the individual in these policy areas along with suggestions for further study.


Federalism and Rights

Federalism and Rights
Author: Ellis Katz
Publisher: Rowman & Littlefield
Total Pages: 234
Release: 1996
Genre: Civil rights
ISBN: 0847680908

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Contents.


Freedom and Federalism

Freedom and Federalism
Author: Felix Morley
Publisher: Indianapolis, Ind. : Liberty Press
Total Pages: 0
Release: 1981
Genre: Law
ISBN: 9780913966877

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Despite the centralizing tendencies of the American national government in the twentieth century, there have been surprisingly few books defending the federal system. Felix Morley's Freedom and Federalism, which examines the root causes of the problem, was thus a pioneering achievement when it first appeared in 1959. No less relevant today, the book provides a perceptive diagnosis of the collapse of States' rights in modern America; and it seeks the restoration of a constitutional balance between central and state authorities. Is federalism worth saving? "Its outstanding virtue," which is "the distinctively American contribution to political art," argues Morley, "is its facility in combining two naturally antagonistic conditions--the social condition of order, and the more personal condition of freedom." In the end, he concludes, the American government will fail unless these two conditions are reconciled. Felix Morley (1894-1982), Pulitzer-Prize-winning author, journalist, and educator, was a Rhodes Scholar, editor of the Washington Post and Human Events, and President of Haverford College.


Foreign Affairs Federalism

Foreign Affairs Federalism
Author: Michael J. Glennon
Publisher: Oxford University Press
Total Pages: 433
Release: 2016-04-15
Genre: Law
ISBN: 0199355908

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Challenging the myth that the federal government exercises exclusive control over U.S. foreign-policymaking, Michael J. Glennon and Robert D. Sloane propose that we recognize the prominent role that states and cities now play in that realm. Foreign Affairs Federalism provides the first comprehensive study of the constitutional law and practice of federalism in the conduct of U.S. foreign relations. It could hardly be timelier. States and cities recently have limited greenhouse gas emissions, declared nuclear free zones and sanctuaries for undocumented immigrants, established thousands of sister-city relationships, set up informal diplomatic offices abroad, and sanctioned oppressive foreign governments. Exploring the implications of these and other initiatives, this book argues that the national interest cannot be advanced internationally by Washington alone. Glennon and Sloane examine in detail the considerable foreign affairs powers retained by the states under the Constitution and question the need for Congress or the president to step in to provide "one voice" in foreign affairs. They present concrete, realistic ways that the courts can update antiquated federalism precepts and untangle interwoven strands of international law, federal law, and state law. The result is a lucid, incisive, and up-to-date analysis of the rules that empower-and limit-states and cities abroad.


The Fallacies of States' Rights

The Fallacies of States' Rights
Author: Sotirios A. Barber
Publisher: Harvard University Press
Total Pages: 256
Release: 2013-01-01
Genre: Political Science
ISBN: 0674067967

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Barber shows how arguments for states’ rights from John C. Calhoun to the present offend common sense, logic, and bedrock constitutional principles. The Constitution is a charter of positive benefits, not a contract among separate sovereigns whose function is to protect people from the central government, when there are greater dangers to confront.


Polyphonic Federalism

Polyphonic Federalism
Author: Robert A. Schapiro
Publisher: ReadHowYouWant.com
Total Pages: 490
Release: 2011-08-22
Genre: Political Science
ISBN: 1459627059

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The relationship between the state and the national government is among the most contested issues in the United States. And questions about where power should reside, how decisions should be made, and how responsibility should be allocated have been central to the American experiment in federalism. In Polyphonic Federalism, Robert A. Schapiro defends the advantages of multiple perspectives in government, arguing that the resulting ''polyphony'' creates a system that is more efficient, democratic, and protective of liberties. This groundbreaking volume contends that contemporary views of federalism are plagued by outmoded dualist notions that seek to separate state and federal authority. Instead, Schapiro proposes a polyphonic model that emphasizes the valuable interaction of state and federal law, one that more accurately describes the intersecting realities of local and national power. Through an analysis of several legal and policy debates, Polyphonic Federalism demonstrates how a multifaceted government can best realize the potential of federalism to protect fundamental rights.


Enhancing Government

Enhancing Government
Author: Erwin Chemerinsky
Publisher: Stanford Law Books
Total Pages: 314
Release: 2008-05-22
Genre: Law
ISBN:

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This book argues for a new vision of how to allocate power between the federal and state governments to provide effective government and enhance liberty.


American Government 3e

American Government 3e
Author: Glen Krutz
Publisher:
Total Pages: 0
Release: 2023-05-12
Genre:
ISBN: 9781738998470

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Black & white print. American Government 3e aligns with the topics and objectives of many government courses. Faculty involved in the project have endeavored to make government workings, issues, debates, and impacts meaningful and memorable to students while maintaining the conceptual coverage and rigor inherent in the subject. With this objective in mind, the content of this textbook has been developed and arranged to provide a logical progression from the fundamental principles of institutional design at the founding, to avenues of political participation, to thorough coverage of the political structures that constitute American government. The book builds upon what students have already learned and emphasizes connections between topics as well as between theory and applications. The goal of each section is to enable students not just to recognize concepts, but to work with them in ways that will be useful in later courses, future careers, and as engaged citizens. In order to help students understand the ways that government, society, and individuals interconnect, the revision includes more examples and details regarding the lived experiences of diverse groups and communities within the United States. The authors and reviewers sought to strike a balance between confronting the negative and harmful elements of American government, history, and current events, while demonstrating progress in overcoming them. In doing so, the approach seeks to provide instructors with ample opportunities to open discussions, extend and update concepts, and drive deeper engagement.


Controversies in American Federalism and Public Policy

Controversies in American Federalism and Public Policy
Author: Christopher P. Banks
Publisher: Routledge
Total Pages: 371
Release: 2018-03-13
Genre: Law
ISBN: 1351713388

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This interdisciplinary collection presents a scholarly treatment of how the constitutional politics of federalism affect governments and citizens, offering an accessible yet comprehensive analysis of the U.S. Supreme Court’s federalism jurisprudence and its effect on the development of national and state policies in key areas of constitutional jurisprudence. The contributors address the impact that Supreme Court federalism precedents have in setting the parameters of national law and policies that the states are often bound to respect under constitutional law, including those that relate to the scope and application of gun rights, LGBT freedoms, health care administration, anti-terrorism initiatives, capital punishment, immigration and environmental regulation, the legalization of marijuana and voting rights. Uniting scholarship in law, political science, criminology, and public administration, the chapters study the themes, principles, and politics that traditionally have been at the center of federalism research across different academic disciplines. They look at the origins, nature and effect of dual and cooperative federalism, presidential powers and administrative regulation, state sovereignty and states’ rights, judicial federalism and the advocacy of organized interests.


Federalism and the Making of America

Federalism and the Making of America
Author: David Brian Robertson
Publisher: Routledge
Total Pages: 351
Release: 2013-03-01
Genre: History
ISBN: 1136974296

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Though Americans rarely appreciate it, federalism has profoundly shaped their nation’s past, present, and future. Federalism—the division of government authority between the national government and the states—affects the prosperity, security, and daily life of every American. In this nuanced and comprehensive overview, David Brian Robertson shows that past choices shape present circumstances, and that a deep understanding of American government, public policy, political processes, and society requires an understanding of the key steps in federalism’s evolution in American history. The most spectacular political conflicts in American history have been fought on the battlefield of federalism, including states’ rights to leave the union, government power to regulate business, and responses to the problems of race, poverty, pollution, abortion, and gay rights. Federalism helped fragment American politics, encourage innovation, foster the American market economy, and place hurdles in the way of efforts to mitigate the consequences of economic change. Federalism helped construct the path of American political development. Federalism and the Making of America is a sorely needed text that treats the politics of federalism systematically and accessibly, making it indispensible to all students and scholars of American politics. Chosen as one of Choice's Outstanding Academic Titles for 2012.