Vicki C. Jackson, Susan Low Bloch

Federalism (eBook, ePUB)

A Reference Guide to the United States Constitution

• Format: ePub

Produktbeschreibung

This book analyzes the structure of our constitutional system of government, providing an overview of the constitutional history of American federalism as it has been developed in decisions of the United States Supreme Court. Federalism: A Reference Guide to the United States Constitution provides a thorough examination of this significant and distinctive part of the U.S. constitutional system, documenting its role in major domestic constitutional controversies in every period of American history. Although the book is organized historically rather than doctrinally, the marked evolutions of important areas of doctrine are addressed over time. These subject areas include the scope of Congress's power under the Commerce Clause, the scope of Congress's powers under the Fourteenth and other post-Civil War Amendments, the states' authority to regulate commercial and economic matters when Congress is silent, the principle of the supremacy of federal law and the law of preemption that follows from it, intergovernmental and sovereign immunities, the obligation of state courts to enforce federal law, and the scope of national power to regulate or impose obligations on the states.

Produktdetails

• Verlag: Bloomsbury Publishing Inc
• Seitenzahl: 332
• Altersempfehlung: ab 7 Jahre
• Erscheinungstermin: 9. September 2013
• Englisch
• ISBN-13: 9798216083672
• Artikelnr.: 68345666

Autorenporträt

Susan Low Bloch, JD, is professor of constitutional law at Georgetown University Law Center, Washington, DC. Bloch is the coauthor of Inside the Supreme Court: The Institution and Its Procedures as well as Supreme Court Politics: The Institution and Its Procedures.

Vicki C. Jackson, JD, BA, is Thurgood Marshall Professor of constitutional law at Harvard Law School, Cambridge, MA. Her published works include Constitutional Engagement in a Transnational Era; Federal Courts Stories, with Judith Resnik; and Inside the Supreme Court: The Institution and Its Procedures with Susan Low Bloch.

Inhaltsangabe

Acknowledgments Introduction Chapter I: The Founding to the Civil War The
Convention and the Constitution Federal Power to Review State Court
Decisions and Laws Contracts Clause Eleventh Amendment State Law in Federal
Diversity Cases Broad Scope of National Legislative Powers
Intergovernmental Tax Immunity Gibbons Indian Tribes as "Dependent
Sovereigns" State Legislative Authority in Light of Federal Power:
Exclusivity, Concurrency, Supremacy, and Preemption Federal Obligations and
State Officials: Extradition and Return State Court Jurisdiction National
Powers, Part II: Dred Scott as "Antiprecedent" Chapter II: The Civil War
and Its Aftermath The Court's Approach to the Thirteenth, Fourteenth, and
Fifteenth Amendments: Federalism Unchanged? Racism Untamed? State
Contracts, Reconstruction Debt, and Eleventh-Amendment Sovereign Immunity
State Court Jurisdiction, Intergovernmental Immunity, and Judicial
Federalism Business Regulation in a Changing Economy: Due-Process and
Commerce-Clause Challenges to State and Federal Regulation Federal Power,
Finance, and the National Government's Powers Foreign Affairs: The Rising
Claims for Federal Exclusivity Chapter III: The Early Twentieth Century
The Distinctive Role of Amendments in Reshaping American Federalism:
Taxing, Spending, and the Senate "Classical" Legal Thought and Federal
Power over Economic Matters: Commerce Clause, Due Process, and Taxes Child
Labor, Outlaw Products, and Lottery Tickets Taxing and Spending Rate
Regulation and Business Affected with a Public Interest Railroad Safety,
Employment, and the Draft Special Rules for Unions? The Early New Deal
Decisions: Commerce, Spending, and Taxing The Dormant Commerce Clause Other
Constitutional Limitations on the States Immunities: Sovereign Immunity and
Intergovernmental Taxes Judicial Federalism Federalism and Foreign Affairs
Chapter IV: The New Deal Court through the Warren Court New Deal
Jurisprudence and Federal Power Unleashed The Threat of Court-Packing and
the 1937 "Switch in Time" Federal Power Expanded The Commerce Clause and
Economic Regulation The Taxing and Spending Power and Cooperative
Federalism War Powers: Threats to Federalism? State Government Powers and
the Economy Regulatory Powers Unleashed: Due Process and Economic
Regulation Erie and Federal Common Law: State Law Extended? The "Dormant"
Commerce Clause Foreign Affairs and the Interplay of Federal and State
Power Preemption Intergovernmental Immunities State Sovereign Immunity Tax
Immunities, Tenth Amendment, and Testamentary Dispositions Judicial and
Legislative Immunities Protecting Civil Rights and Liberties: The Changing
Role of the Federal Government Brown v. Board of Education and Its
Aftermath Federal Civil Rights Legislation: Commerce Clause, Fourteenth and
Fifteenth Amendment Powers of Congress The Incorporation Debate and the
Criminal Procedure Revolution Reapportionment State Obligations to Hear
Federal Claims and Judicial Federalism Judicially Developed Abstention
Doctrines: Equity and Comity from Pullman to Dombrowski Habeas Corpus
Supreme Court Review of State Court Decisions Chapter V: The "New"
Federalism and Its Future The Tenth Amendment: From "Truism" to Constraint
Constraining Congress's Enumerated Powers The Commerce and Necessary and
Proper Clauses The Spending and Taxing Powers The Enforcement Clause of the
Fourteenth Amendment Prophylactic Power: Congruent and Proportional Similar
or Different Standards of Review in Affirmative Action Cases? The Eleventh
Amendment and Other Doctrines of Intergovernmental Immunity and State
Equality The Fundamental Meaning of the Eleventh Amendment: Clear
Statements and Limits on Congress's Power Waiver of Immunity; Abrogation
under the Fourteenth Amendment Prospective Relief against State Officers
Other Intergovernmental Immunities and State Equality Doctrine States'
Powers and Constitutional Federalism Constraints Preemption and the
Supremacy Clause, Congress and the President, Foreign and Domestic Affairs
Constraints Imposed by the "Dormant" Commerce Clause Discrimination Burdens
and Balancing Market Participant Doctrine and Permissible Discrimination
Subsidies and Permissible Discrimination The Decisive Role of Public
Ownership: Municipal Flow Control Privileges and Immunities, the Second
Amendment, and Federalism The Interaction of Federal and State Courts:
Judicial Federalism Anti-Injunction Act, Younger Abstention, and "Our
Federalism" Supreme Court Review of State Court Judgments: Michigan v. Long
Habeas Corpus Federal Common Law Other Aspects of Judicial Federalism
Conclusion Note on Theories of Federalism and Bibliography Table of Cases
Index