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In a political climate where the machinery of the federal government has grown increasingly complex, The Power to Legislate offers a comprehensive and in-depth analysis of the extent and limitations of legislative power granted by the U. S. Constitution. By examining the historical development of the Constitution as well as judicial precedent set by the Supreme Court, Richard E. Levy develops a systematic account of federal legislative power that is ideal for anyone interested in constitutional history and political science. Levy focuses his investigation on three distinct, yet related,…mehr
In a political climate where the machinery of the federal government has grown increasingly complex, The Power to Legislate offers a comprehensive and in-depth analysis of the extent and limitations of legislative power granted by the U. S. Constitution. By examining the historical development of the Constitution as well as judicial precedent set by the Supreme Court, Richard E. Levy develops a systematic account of federal legislative power that is ideal for anyone interested in constitutional history and political science. Levy focuses his investigation on three distinct, yet related, aspects of federal legislative power: the necessary and proper clause of Article I, the delegation of powers to the various federal institutions, and the deliberative powers of Congress to conduct investigations and interrogations. The Power to Legislate synthesizes these three crucial ideas into a fresh perspective that sheds light on today's controversies.
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Autorenporträt
Richard E. Levy is Professor of Law at the University of Kansas School of Law, where he joined the faculty in 1985. Since joining the faculty at the University of Kansas, Levy has published extensively on issues relating to constitutional law and government institutions and was a Postlewaite Research Fellow from 1996-1999.
Inhaltsangabe
SERIES FOREWORD by Jack Stark FOREWORD by Richard A. Posner ACKNOWLEDGMENTS Introduction: Triangulating the Federal Legislative Power The "Other" Powers of Congress In Search of the Federal Legislative Power Notes Part I: History of the Federal Legislative Power The Constitutional Transformation of Congress Congress Under the Articles of Confederation Congress Under the Constitution Conclusion Federal Legislative Power in the Constitutional Order The Bank Controversy and the Meaning of the Necessary and Proper Clause Legislative Delegation Internal Operations of Congress and Inherent Legislative Authority The Antebellum Era Dual Sovereignty Theory and Mutual Exclusivity Inherent Legislative Powers Constraints on the Deliberative Powers Conclusion The Civil War and Reconstruction Secession and the Sovereignty of States Reconstruction and Federal Power Dual Sovereignty and the Scope of the Reconstruction Amendments Laissez Faire Constitutionalism and Federal Legislative Power Restricting the Scope of Legislative Power Legislative Delegations Deliberative Powers and Laissez Faire Constitutionalism The New Deal Crisis and the Demise of Laissez Faire Constitutionalism Reserved Powers, Nondelegation, and the New Deal The Switch in Time That Saved Nine Federal Legislative Power as Plenary Structural Limits in the Era of Plenary Federal Legislative Power Conclusion The "New" Federalism and the Future of Federal Legislative Power The New Federalism and Federal Legislative Power The No-Commandeering Rule State Sovereign Immunity Legislative Delegations and the Rehnquist Court The State of Federal Legislative Power Notes Part II: Analysis of the Federal Legislative Power Collective Action and the Federal Legislative Power The Dynamics of Collective Action Government as Collective Action The Legislative Power in Collective Action Perspective Collective Action Among States Federalism and the Dual Collective Implications for the Federal Legislative Power Necessary and Proper Laws The McCulloch Test and the Enumerated Powers Overarching Questions Ends Appropriate Means Prohibited Means Necessary and Proper Laws and the Federal Legislative Power Legislative Delegation Delegation and Separation of Powers The Intelligible Principle Test Factors Affecting the Intelligible Principle Test The Nondelegation Doctrine and the Federal Legislative Power Deliberative Powers Deliberative Powers and the Deliberative Process Deliberative Powers in Collective Action Perspective Intrinsic Limits on Deliberative Powers External Limitations Institutional Prerogatives and the Limits of Deliberative Powers Notes Conclusion BIBLIOGRAPHIC ESSAY TABLE OF CASES INDEX
SERIES FOREWORD by Jack Stark FOREWORD by Richard A. Posner ACKNOWLEDGMENTS Introduction: Triangulating the Federal Legislative Power The "Other" Powers of Congress In Search of the Federal Legislative Power Notes Part I: History of the Federal Legislative Power The Constitutional Transformation of Congress Congress Under the Articles of Confederation Congress Under the Constitution Conclusion Federal Legislative Power in the Constitutional Order The Bank Controversy and the Meaning of the Necessary and Proper Clause Legislative Delegation Internal Operations of Congress and Inherent Legislative Authority The Antebellum Era Dual Sovereignty Theory and Mutual Exclusivity Inherent Legislative Powers Constraints on the Deliberative Powers Conclusion The Civil War and Reconstruction Secession and the Sovereignty of States Reconstruction and Federal Power Dual Sovereignty and the Scope of the Reconstruction Amendments Laissez Faire Constitutionalism and Federal Legislative Power Restricting the Scope of Legislative Power Legislative Delegations Deliberative Powers and Laissez Faire Constitutionalism The New Deal Crisis and the Demise of Laissez Faire Constitutionalism Reserved Powers, Nondelegation, and the New Deal The Switch in Time That Saved Nine Federal Legislative Power as Plenary Structural Limits in the Era of Plenary Federal Legislative Power Conclusion The "New" Federalism and the Future of Federal Legislative Power The New Federalism and Federal Legislative Power The No-Commandeering Rule State Sovereign Immunity Legislative Delegations and the Rehnquist Court The State of Federal Legislative Power Notes Part II: Analysis of the Federal Legislative Power Collective Action and the Federal Legislative Power The Dynamics of Collective Action Government as Collective Action The Legislative Power in Collective Action Perspective Collective Action Among States Federalism and the Dual Collective Implications for the Federal Legislative Power Necessary and Proper Laws The McCulloch Test and the Enumerated Powers Overarching Questions Ends Appropriate Means Prohibited Means Necessary and Proper Laws and the Federal Legislative Power Legislative Delegation Delegation and Separation of Powers The Intelligible Principle Test Factors Affecting the Intelligible Principle Test The Nondelegation Doctrine and the Federal Legislative Power Deliberative Powers Deliberative Powers and the Deliberative Process Deliberative Powers in Collective Action Perspective Intrinsic Limits on Deliberative Powers External Limitations Institutional Prerogatives and the Limits of Deliberative Powers Notes Conclusion BIBLIOGRAPHIC ESSAY TABLE OF CASES INDEX
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