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The Proper Scope of Federal Power: The Meaning of the Commerce Clause

Randy E. Barnett

in Restoring the Lost Constitution: The Presumption of Liberty

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691159737
eISBN:
9781400848133
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691159737.003.0012
Subject:
Law, Constitutional and Administrative Law

This chapter examines the propriety of federal laws under the power most often invoked to justify restrictions on liberty: the power to regulate commerce among the several states. Courts are not ... More


Regulatory Legitimacy in the United States and the European Union

Giandomenico Majone

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:
10.1093/0199245002.003.0010
Subject:
Political Science, European Union

Returns to themes sounded in the previous two chapters, elaborating them in the context of regulatory federalism: Majone discusses how regulatory independence may be reconciled with accountability, ... More


State Constitutional Distribution of Powers

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/9780195343083.003.0008
Subject:
Law, Constitutional and Administrative Law

This chapter presents a general discussion of state constitutional distribution or separation of powers. The federal Constitution does not mandate any particular arrangement of governmental powers in ... 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


Which Federalism?: The Choice and the Stakes

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/9780199737987.003.0001
Subject:
Law, Constitutional and Administrative Law

The introduction outlines the questions the book addresses, charts the course of the discussion, and introduces its theoretical approach. It lays out the book’s central argument that federalism is ... More


The Modern Regulatory State

Samuel DeCanio

in Democracy and the Origins of the American Regulatory State

Published in print:
2015
Published Online:
May 2016
ISBN:
9780300198782
eISBN:
9780300216318
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300198782.003.0002
Subject:
Law, Constitutional and Administrative Law

This chapter discusses the historical transformation of the modern regulatory state and suggests that the expansion of bureaucratic authority is an institutional innovation rather than a result of ... More


Policy analysis at the federal government level

John Wanna

in Policy Analysis In Australia

Published in print:
2015
Published Online:
May 2016
ISBN:
9781447310273
eISBN:
9781447310297
Item type:
chapter
Publisher:
Policy Press
DOI:
10.1332/policypress/9781447310273.003.0005
Subject:
Political Science, Public Policy

This chapter explores Australian federal government policy-making over the past century, analysing its development and tracing trends, patterns and distinctive approaches.It notes the birth of the ... More


Federalism(s)’ Forms and Norms: Contesting Rights, De-Essentializing Jurisdictional Divides, and Temporizing Accommodations

Judith Resnik

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/9781479868858.003.0012
Subject:
Political Science, Political Theory

This chapter examines the sources of identity and norms in federations and the methods for mediating conflicts. It first considers the reasons behind the appeal of federalism, especially in the first ... More


Hydroelectricity and the Federal Government

John L. Neufeld

in Selling Power: Economics, Policy, and Electric Utilities Before 1940

Published in print:
2016
Published Online:
May 2017
ISBN:
9780226399638
eISBN:
9780226399775
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226399775.003.0008
Subject:
Economics and Finance, Economic History

Hydroelectricity provided a compelling justification for federal government in the electric utility industry. The Constitution gave the federal government authority over all navigable waterways and ... More


Federalism as Polyphony

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/9780226736648.003.0005
Subject:
Law, Constitutional and Administrative Law

This chapter develops an alternative model of federalism, which is termed “polyphonic.” It specifically investigates the metaphor of polyphony and contrasts it with the dominant tropes of dualist ... More


The Lessons of the Market

Karen R. Merrill

in Public Lands and Political Meaning: Ranchers, the Government, and the Property between Them

Published in print:
2002
Published Online:
March 2012
ISBN:
9780520228627
eISBN:
9780520926882
Item type:
chapter
Publisher:
University of California Press
DOI:
10.1525/california/9780520228627.003.0004
Subject:
History, American History: 19th Century

This chapter argues that the issue of fees involved much more than money. It involved both the extent of federal power and the ways in which the government understood itself to be the owner of the ... More


The First Federal Congress and the Formation of the Establishment Clause of the First Amendment

Carl H. Esbeck

in No Establishment of Religion: America’s Original Contribution to Religious Liberty

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199860371
eISBN:
9780199950164
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199860371.003.0008
Subject:
Religion, Religion and Society

This chapter offers a detailed study of the debates in the First Congress leading to the adoption of the Establishment Clause and the Free Exercise Clause. Arguing that the court in Everson v. Board ... More


: Hamilton's Common-Law Constitutionalism and Judicial Prudence

in The Cloaking of Power: Montesquieu, Blackstone, and the Rise of Judicial Activism

Published in print:
2003
Published Online:
March 2013
ISBN:
9780226094823
eISBN:
9780226094830
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226094830.003.0009
Subject:
Political Science, Political Theory

This chapter outlines the perspective of Hamilton, one of the leading statesmen-jurists of the American founding, about the dominant views of judicial power that today are latter-day versions of ... More


Constitutional Absolutes in a Holmesian World

in No Law: Intellectual Property in the Image of an Absolute First Amendment

Published in print:
2008
Published Online:
June 2013
ISBN:
9780804745789
eISBN:
9780804763271
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804745789.003.0011
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter proposes that the First Amendment should be uncoupled from the early-twentieth-century mindset that conditions its current interpretation, and that constitutional law should return to ... More


The Rise of the Fed State

Lawrence R. Jacobs and Desmond King

in Fed Power: How Finance Wins

Published in print:
2021
Published Online:
March 2021
ISBN:
9780197573129
eISBN:
9780197573167
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197573129.003.0002
Subject:
Political Science, American Politics

Chapter 2 analyzes the growth of America’s central bank from humble beginnings into the institutional behemoth it is now—what we call the Fed State. Two elements shaped the Bank’s developments since ... More


The Constitution of Empire: Territorial Expansion and American Legal History

Gary Lawson and Guy Seidman

Published in print:
2004
Published Online:
October 2013
ISBN:
9780300102314
eISBN:
9780300128963
Item type:
book
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300102314.001.0001
Subject:
Law, Constitutional and Administrative Law

This book offers a constitutional and historical survey of American territorial expansion from the founding era to the present day. The authors describe the Constitution's design for territorial ... More


Richard Epstein and the Incredible Shrinking Government

in Desperately Seeking Certainty: The Misguided Quest for Constitutional Foundations

Published in print:
2002
Published Online:
March 2013
ISBN:
9780226238081
eISBN:
9780226238104
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226238104.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter focuses on the Reagan platform which was constitutionally mandated as studied by Richard Epstein, a brilliant libertarian scholar at the University of Chicago Law School. He argued that ... More


The Impact of Mississippi Litigation on National Voting Rights Law

Frank R. Parker

in Black Votes Count: Political Empowerment in Mississippi After 1965

Published in print:
1990
Published Online:
July 2014
ISBN:
9780807842744
eISBN:
9781469603315
Item type:
chapter
Publisher:
University of North Carolina Press
DOI:
10.5149/9780807869697_parker.11
Subject:
History, African-American History

The Voting Rights Act of 1965 enabled and empowered black citizens especially in the South to exercise their voting rights and elect the representatives of their choice, and this act is considered to ... More


The Waning of the Federal Common Law of Foreign Relations

Paul B. Stephan

in The Restatement and Beyond: The Past, Present, and Future of U.S. Foreign Relations Law

Published in print:
2020
Published Online:
October 2020
ISBN:
9780197533154
eISBN:
9780197534007
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197533154.003.0008
Subject:
Law, Public International Law, Comparative Law

This chapter argues that concentrating authority in the federal judiciary to make foreign relations law in the absence of congressional enactments both ignores the capacity of the States to promote ... More


Introduction

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/9780226736648.003.0001
Subject:
Law, Constitutional and Administrative Law

Federalism has been central to the political identity of the United States since its creation. The rhetoric of federalism seems to have little connection to the social reality of the United States in ... More


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