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New Frontiers of State Constitutional Law: Dual Enforcement of Norms

James A. Gardner and Jim Rossi (eds)

Published in print:
2010
Published Online:
January 2011
ISBN:
9780195368321
eISBN:
9780199867509
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195368321.001.0001
Subject:
Law, Constitutional and Administrative Law

This book presents a range or perspectives on the role of state constitutions within the context of federalism. Rejecting both the old dual federalism and the newer judicial federalism models, this ... More


Federal Philosophies and the Structure of American Law

Robert Schütze

in From Dual to Cooperative Federalism: The Changing Structure of European Law

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199238583
eISBN:
9780191716539
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199238583.003.02
Subject:
Law, EU Law

The constitutional battle over the nature of sovereignty and federalism in America produced a compromise in the late nineteenth century: dual federalism. The philosophy of dual federalism suggested a ... 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


American Federalisms: From New Foundations to New Federalism

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/9780199737987.003.0003
Subject:
Law, Constitutional and Administrative Law

Chapter three reviews the history of American federalism as a story of competition between compelling principles in tension with one another, stretching the legal framework in one direction and then ... 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


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


Federalism Old and New

in Polyphonic Federalism: Toward the Protection of Fundamental Rights

Published in print:
2009
Published Online:
March 2013
ISBN:
9780226736624
eISBN:
9780226736648
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226736648.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter suggests that to look for the revival of state particularism is to misunderstand the fundamental character of contemporary federalism in the United States. The American Revolution left ... More


Defending Dual Federalism: A Bad Idea, But Not Self-Defeating

Michael Blake

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/9781479868858.003.0002
Subject:
Political Science, Political Theory

This chapter responds to an article by Sotirios A. Barber, who argued that defending dual federalism is a self-defeating act because it denies the existence of both a controlling national good, such ... More


Conclusion: the German model of federalism

Arthur B. Gunlicks

in The Länder and German federalism

Published in print:
2003
Published Online:
July 2012
ISBN:
9780719065323
eISBN:
9781781700464
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9780719065323.003.0013
Subject:
Political Science, European Union

The most commonly cited characteristic of American federalism is ‘dual federalism’. This refers to constitutionally delegated powers for the federal government and reserve powers for the states, with ... More


Structuralism

Sotirios A. Barber and James E. Fleming

in Constitutional Interpretation: The Basic Questions

Published in print:
2007
Published Online:
January 2009
ISBN:
9780195328578
eISBN:
9780199855339
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195328578.003.0008
Subject:
Law, Constitutional and Administrative Law

Structuralists contend that interpreters can avoid moral judgments in hard cases by reflecting on the structures of government, i.e., the Constitution's overall arrangement of offices, powers, and ... More


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