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Defending Dual Federalism: A Self-Defeating Act

Sotirios A. Barber

in Federalism and Subsidiarity: NOMOS LV

Published in print:
2014
Published Online:
March 2016
ISBN:
9781479868858
eISBN:
9781479821303
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479868858.003.0001
Subject:
Political Science, Political Theory

This chapter examines whether there is a case for dual federalism. It first considers the main ideas of Marshallian federalism and its defense by John Marshall in his opinion, McCulloch v. Maryland ... More


The Puzzling Persistence of Dual Federalism

Ernest A. Young

in Federalism and Subsidiarity: NOMOS LV

Published in print:
2014
Published Online:
March 2016
ISBN:
9781479868858
eISBN:
9781479821303
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479868858.003.0003
Subject:
Political Science, Political Theory

This chapter examines two ways that account for the persistence of dual federalism. The first is the critics' belief that the Supreme Court is inclined to revive strict dual federalist limits on ... More


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