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The Role of Law in the Functioning of Federal Systems

George A. Bermann

in The Federal Vision: Legitimacy and Levels of Governance in the United States and the European Union

Published in print:
2001
Published Online:
November 2003
ISBN:
9780199245000
eISBN:
9780191599996
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199245002.003.0008
Subject:
Political Science, European Union

Federal systems are about the distribution of legal and political power, but law is not only one of the currencies of federalism, it is also one of federalism's most important supports; this chapter ... More


Comparative Federalism and the Issue of Commandeering

Daniel Halberstam

in The Federal Vision: Legitimacy and Levels of Governance in the United States and the European Union

Published in print:
2001
Published Online:
November 2003
ISBN:
9780199245000
eISBN:
9780191599996
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199245002.003.0009
Subject:
Political Science, European Union

Examines the difference between the European and American perceptions of the effects and desirability of commandeering (the issue of binding commands by central government that force its component ... More


The Rehnquist Revival of Jurisdictional Separation

Erin Ryan

in Federalism and the Tug of War Within

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199737987
eISBN:
9780199918652
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199737987.003.0004
Subject:
Law, Constitutional and Administrative Law

Chapter Four outlines the Rehnquist Court’s New Federalism embrace of dual federalism idealism, focusing on its Tenth Amendment and preemption cases. Beginning with reflections on the Court’s ... More


The Role of the Courts: Tenth Amendment Balancing

Erin Ryan

in Federalism and the Tug of War Within

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199737987
eISBN:
9780199918652
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199737987.003.0006
Subject:
Law, Constitutional and Administrative Law

Chapter Six offers a preliminary exploration of how Balanced Federalism theory would depart from the status quo, imagining the strongest judicial role within such a model. It sets forth the ... More


Legislative Balancing through Intergovernmental Bargaining

Erin Ryan

in Federalism and the Tug of War Within

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199737987
eISBN:
9780199918652
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199737987.003.0007
Subject:
Law, Constitutional and Administrative Law

Chapter Seven proposes a more modest modification to the anti-commandeering rule, requiring judicial deference to consensual state-federal legislative bargaining over federalism entitlements. ... More


Introduction: Prohibition, Now and Then

Sean Beienburg

in Prohibition, the Constitution, and States' Rights

Published in print:
2019
Published Online:
January 2020
ISBN:
9780226631943
eISBN:
9780226632278
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226632278.003.0001
Subject:
Political Science, American Politics

The recent trend of state legalization of marijuana (for medical and recreational purposes) has renewed long-standing debates about federalism and prohibition. Over fierce dissents arguing federal ... More


Conclusion: Prohibition and American Constitutionalism

Sean Beienburg

in Prohibition, the Constitution, and States' Rights

Published in print:
2019
Published Online:
January 2020
ISBN:
9780226631943
eISBN:
9780226632278
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226632278.003.0011
Subject:
Political Science, American Politics

After successfully mobilizing on behalf of states’ rights, the AAPA evolved into the Liberty League seeking to stop Franklin Roosevelt’s New Deal, which it considered a betrayal of their support. ... More


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