The Supreme Court′s Federalism: Real or Imagined? Contributor(s): Goodman, Frank (Editor) |
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ISBN: 0761924396 ISBN-13: 9780761924395 Publisher: Sage Publications, Inc OUR PRICE: $90.25 Product Type: Hardcover - Other Formats Published: March 2001 |
Additional Information |
BISAC Categories: - Political Science |
Series: Annals of the American Academy of Political and Social Science (Hardcover) |
Physical Information: 0.8" H x 6.6" W x 9.3" (1.20 lbs) 194 pages |
Descriptions, Reviews, Etc. |
Publisher Description: 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).
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