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The State Legislative Branch

Robert F. Williams

in The Law of American State Constitutions

Published in print:
2009
Published Online:
February 2010
ISBN:
9780195343083
eISBN:
9780199866960
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195343083.003.0009
Subject:
Law, Constitutional and Administrative Law

This chapter discusses the fact that state constitutions create a legislative branch that is substantially different from the federal Congress. Most importantly, state legislatures exercise reserved, ... 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


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 Other American Constitutions

Robert F. Williams

in The Law of American State Constitutions

Published in print:
2009
Published Online:
February 2010
ISBN:
9780195343083
eISBN:
9780199866960
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195343083.003.0001
Subject:
Law, Constitutional and Administrative Law

State constitutions are different in a variety of ways from the federal Constitution. They perform different functions (generally limit plenary power rather than grant enumerated power), have ... More


“Has Congress Power to Incorporate a Bank?”: The McCulloch Litigation and Opinion

David S. Schwartz

in The Spirit of the Constitution: John Marshall and the 200-Year Odyssey of McCulloch v. Maryland

Published in print:
2019
Published Online:
October 2019
ISBN:
9780190699482
eISBN:
9780190063719
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190699482.003.0004
Subject:
History, American History: 19th Century, Cultural History

Chief Justice Marshall’s ambiguous opinion in McCulloch v. Maryland rejected the hard-line Jeffersonian argument that implied powers were only those strictly necessary to implementing the enumerated ... More


Roger Sherman and the New National Government

Mark David Hall

in Roger Sherman and the Creation of the American Republic

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199929849
eISBN:
9780199980574
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199929849.003.0006
Subject:
Religion, Religion and Society

Sherman was elected to the House of Representatives for the first federal Congress, and in 1791 he was appointed to the U.S. Senate. He made important contributions in debates over representation, ... More


“The Question Perpetually Arising”: Constitutional Law and Politics, 1819

David S. Schwartz

in The Spirit of the Constitution: John Marshall and the 200-Year Odyssey of McCulloch v. Maryland

Published in print:
2019
Published Online:
October 2019
ISBN:
9780190699482
eISBN:
9780190063719
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190699482.003.0003
Subject:
History, American History: 19th Century, Cultural History

In antebellum America, the dispute over national versus state governmental powers—“federalism” questions—defined the major political line of division. While paying lip service to the axiom that the ... More


Federal Public Health Authority

Scott Burris, Micah L. Berman, Matthew Penn, and, and Tara Ramanathan Holiday

in The New Public Health Law: A Transdisciplinary Approach to Practice and Advocacy

Published in print:
2018
Published Online:
September 2018
ISBN:
9780190681050
eISBN:
9780190681081
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190681050.003.0009
Subject:
Public Health and Epidemiology, Public Health

This chapter explores the powers of Congress to pass federal public health laws and to delegate authority to federal agencies. The chapter starts with an explanation of Congress’s limited, enumerated ... 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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