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The Tenth Amendment and State Sovereignty

The Tenth Amendment and State Sovereignty
Author: Mark Robert Killenbeck
Publisher: Rowman & Littlefield
Total Pages: 214
Release: 2002
Genre: Law
ISBN: 9780742518803

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In the wake of the 2000 Election, the relationship between the Supreme Court and the American states has become more important. Once derided by the Supreme Court as a 'truism, ' the Tenth Amendment has in recent years been transformed from a neglected provision into a vital 'first principle.' As such, it has provided the foundation for a series of decisions in which the Supreme Court has elevated the status of the states, often at the expense of federal power and in the face of previously settled assumptions. In this important volume, four prominent scholars--two historians and two law professors--examine carefully one of the central tenets in the Supreme Court's recent Tenth Amendment jurisprudence: the assumption that the results fashioned by a narrow majority are compelled by history and consistent with the intentions of the framers. They shed important new light on a series of decisions that mark a major change in our thinking about the nature of a constitutional system within which both the federal government and the states properly regard themselves as sovereign entities.


Federalism, State Sovereignty, and the Constitution

Federalism, State Sovereignty, and the Constitution
Author: Kenneth R. Thomas
Publisher: DIANE Publishing
Total Pages: 29
Release: 2011
Genre: Political Science
ISBN: 1437938108

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This is a print on demand edition of a hard to find publication. The lines of authority between states and the federal gov¿t. are, to a significant extent, defined by the U.S. Constitution and relevant case law. In recent years, however, the Supreme Court has decided a number of cases that would seem to re-evaluate this historical relationship. This report discusses state and federal legislative power, focusing on a number of these ¿federalism¿ cases. The report does not, however, address the larger policy issue of when it is appropriate ¿ as opposed to constitutionally permissible ¿ to exercise federal powers. Contents: Powers of the States; Powers of the Federal Gov¿t.; The Commerce Clause; The 14th Amendment; The 10th Amendment; 11th Amend. and State Sovereign Immunity; The Spending Clause; Conclusion.


State Sovereignty and the Role of the Federal Government

State Sovereignty and the Role of the Federal Government
Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution, Federalism, and Property Rights
Publisher:
Total Pages: 72
Release: 1997
Genre: Political Science
ISBN:

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Federalism, State Sovereignty, and the Constitution

Federalism, State Sovereignty, and the Constitution
Author: Kenneth R. Thomas
Publisher:
Total Pages: 24
Release: 2003
Genre: Federal government
ISBN:

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The ratification of the Constitution, to a significant extent, defined the lines of authority between the state and federal governments. Over recent years, the Supreme Court has decided a number of cases which address this historical relationship. This report discusses state and federal legislative power generally and focuses on a number of these "federalism" cases. Issues addressed include congressional power under the Commerce Clause and the Fourteenth Amendment; constitutional limits on congressional powers, such as the Tenth Amendment; and state sovereign immunity under the Eleventh Amendment. The report does not, however, address the much larger policy issue of when it is appropriate - as opposed to constitutionally permissible - for federal powers to be exercised.


The Reformation of Union State Sovereignty

The Reformation of Union State Sovereignty
Author: M. Kenneth Creamer
Publisher: iUniverse
Total Pages: 307
Release: 2013-04
Genre: Political Science
ISBN: 1475983352

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Are you unhappy about the intrusiveness of the federal government into you private and personal business? Are you interested in insulating your private and personal life from such intrusion? Then you need to understand the proper role your Union State is suppose to play in the structure of your Constitutional Republic, how that role has been subverted, and what can be done to get that essential role restored. Recently, there has been much talk about 'Liberty' and 'State Sovereignty' and the losses thereof. However, while it is encouraging to have these talking points make their way to the forefront of the main-stream, talk alone will accomplish nothing. The Reformation of Union State Sovereignty is an arsenal of well researched and well cited legal principals, as well as specific actions that can be taken in the battle to re-establish the Sovereignty of the Union States, and ultimately restore the cherished Liberties of We The People. "It can never be too often repeated that the time for fixing every essential right on a legal basis is while our rulers are honest, and ourselves united. From the conclusion of this [the Revolutionary] war we shall be going downhill. It will not then be necessary to resort every moment to the People for support. They will be forgotten, therefore, and their rights disregarded. They will forget themselves, but in the sole faculty of making money, and will never think of uniting to effect a due respect for their rights. The shackles, therefore, which shall not be knocked off at the conclusion of this war will remain on us long, will be made heavier, till our rights shall revive or expire in a convulsion." -Thomas Jefferson on the drafting of the Virginia State Constitution


The American Revolution, State Sovereignty, and the American Constitutional Settlement, 1765–1800

The American Revolution, State Sovereignty, and the American Constitutional Settlement, 1765–1800
Author: Aaron N. Coleman
Publisher: Lexington Books
Total Pages: 273
Release: 2016-03-04
Genre: History
ISBN: 1498500633

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Tracing the political, ideological, and constitutional arguments from the imperial crisis with Britain and the drafting of the Articles of Confederation to the ratification of the Constitution and the political conflict between Federalists and Jeffersonians, The American Revolution, State Sovereignty, and the American Constitutional Settlement, 1765–1800 reveals the largely forgotten importance of state sovereignty to American constitutionalism. Contrary to modern popular perceptions and works by other academics, the Founding Fathers did not establish a constitutional system based upon a national popular sovereignty nor a powerful national government designed to fulfill a grand philosophical purpose. Instead, most Americans throughout the period maintained that a constitutional order based upon the sovereignty of states best protected and preserved liberty. Enshrining their preference for state sovereignty in Article II of the Articles of Confederation and in the Tenth and Eleventh Amendments to the federal constitution, Americans also claimed that state interposition—the idea that the states should intervene against any perceived threats to liberty posed by centralization—was an established and accepted element of state sovereignty.


The Fallacies of States' Rights

The Fallacies of States' Rights
Author: Sotirios A. Barber
Publisher: Harvard University Press
Total Pages: 249
Release: 2013-01-14
Genre: Political Science
ISBN: 0674070429

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The idea that “states’ rights” restrain national power is riding high in American judicial and popular opinion. Here, Sotirios A. Barber shows how arguments for states’ rights, from the days of John C. Calhoun to the present, have offended common sense, logic, and bedrock constitutional principles. To begin with, states’ rights federalism cannot possibly win the debate with national federalism owing to the very forum in which the requisite argument must occur—a national one, thanks to the Civil War—and the ordinary rules of practical argumentation. Further, the political consequences of this self-defeating logic can only hasten the loss of American sovereignty to international economic forces. Both philosophical and practical reasons compel us to consider two historical alternatives to states’ rights federalism. In the federalism of John Marshall, the nation’s most renowned jurist, the national government’s duty to ensure security, prosperity, and other legitimate national ends must take precedence over all conflicting exercises of state power. In “process” federalism, the Constitution protects the states by securing their roles in national policy making and other national decisions. Barber opts for Marshall’s federalism, but the contest is close, and his analysis takes the debate into new, fertile territory. Affirming the fundamental importance of the Preamble, Barber advocates a conception of the Constitution as a charter of positive benefits for the nation. It is not, in his view, a contract among weak separate sovereigns whose primary function is to protect people from the central government, when there are greater dangers to confront.


The Tenth Amendment and the Conference of the States

The Tenth Amendment and the Conference of the States
Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution, Federalism, and Property Rights
Publisher:
Total Pages: 64
Release: 1996
Genre: Political Science
ISBN:

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Distributed to some depository libraries in microfiche.