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The U.S Supreme Court versus the States

Richard Ellis E.

in Aggressive Nationalism: McCulloch v. Maryland and the Foundation of Federal Authority in the Young Republic

Published in print:
2007
Published Online:
September 2007
ISBN:
9780195323566
eISBN:
9780199788705
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195323566.003.0002
Subject:
History, American History: 19th Century

This chapter examines the various decisions handed down by the US Supreme Court, under Section 25 of the Judiciary Act of 1789, that dealt with federal state relations. Emphasis is placed on United ... More


The Governments of the States

Thomas Lundmark

in Power & Rights in US Constitutional Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195368727
eISBN:
9780199867530
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195368727.003.0004
Subject:
Law, Constitutional and Administrative Law

The first section of Subpart B covers the supremacy clause, which declares that federal law is “the supreme law of the land”. The discussion focuses on the issues of concurrent jurisdiction and ... More


Treaties and State Law

David L. Sloss

in The Death of Treaty Supremacy: An Invisible Constitutional Change

Published in print:
2016
Published Online:
September 2016
ISBN:
9780199364022
eISBN:
9780199364053
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199364022.003.0006
Subject:
Law, Constitutional and Administrative Law, Public International Law

Chapter 5 addresses the relationship between treaties and state law, as reflected in legislative, executive, and judicial materials from 1800 to 1945. Controversies about federalism limits on the ... More


Fujii, Brown, and Bricker: 1952–1954

David L. Sloss

in The Death of Treaty Supremacy: An Invisible Constitutional Change

Published in print:
2016
Published Online:
September 2016
ISBN:
9780199364022
eISBN:
9780199364053
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199364022.003.0012
Subject:
Law, Constitutional and Administrative Law, Public International Law

The California Supreme Court decision in Fujii was the first judicial decision in U.S. history to endorse the NSE exception to the treaty supremacy rule. The Bricker Amendment controversy persuaded ... More


Securing Fragile Foundations: Affirmative Constitutional Adjudication in Federal Courts

Marsha S. Berzon

in The Embattled Constitution

Published in print:
2013
Published Online:
March 2016
ISBN:
9780814770122
eISBN:
9780814762806
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814770122.003.0009
Subject:
Law, Constitutional and Administrative Law

This chapter focuses on “Bivens actions,” or private suits for damages against federal officials who violate an individual's constitutional rights. Such actions are not mentioned in the U.S. ... More


Self-Execution in the Political Branches

David L. Sloss

in The Death of Treaty Supremacy: An Invisible Constitutional Change

Published in print:
2016
Published Online:
September 2016
ISBN:
9780199364022
eISBN:
9780199364053
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199364022.003.0007
Subject:
Law, Constitutional and Administrative Law, Public International Law

Chapter 6 summarizes key legislative and executive materials from 1800 to 1945 related to self-execution. The doctrine of self-executing treaties was an ongoing source of confusion and disagreement ... More


The Origins of Treaty Supremacy: 1776–1787

David L. Sloss

in The Death of Treaty Supremacy: An Invisible Constitutional Change

Published in print:
2016
Published Online:
September 2016
ISBN:
9780199364022
eISBN:
9780199364053
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199364022.003.0002
Subject:
Law, Constitutional and Administrative Law, Public International Law

When the Constitution’s Framers met in Philadelphia in 1787, one of their primary goals was to persuade European powers that the United States could be trusted to fulfill its international ... More


Federalism

David Brian Robertson

in The Original Compromise: What the Constitution’s Framers Were Really Thinking

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199796298
eISBN:
9780199979707
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199796298.003.0013
Subject:
Political Science, American Politics

The delegates initially seemed to accept the wide-ranging national authority the broad nationalists sought. But as the complexity of the new governing institutions took shape, the narrow nationalists ... More


The Constitution, Federalism, and Federal Preemption

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/9780190681050.003.0008
Subject:
Public Health and Epidemiology, Public Health

This chapter examines the role of the Constitution in federal government, defines federalism, and explains the types of federal preemption at play in public health policy. The chapter begins with an ... More


International Law, Islamic Law, and Islamic Law States

Emilia Justyna Powell

in Islamic Law and International Law: Peaceful Resolution of Disputes

Published in print:
2020
Published Online:
November 2019
ISBN:
9780190064631
eISBN:
9780190064662
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190064631.003.0002
Subject:
Political Science, International Relations and Politics, Comparative Politics

This chapter explains concepts fundamental to this book: international law, Islamic law, Islamic international law, sharia, and the category of Islamic law states (ILS). The ILS category offers an ... More


Federalism and American Legal Culture

Lawrence M. Friedman and Grant M. Hayden

in American Law: An Introduction

Published in print:
2017
Published Online:
January 2017
ISBN:
9780190460587
eISBN:
9780190460624
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190460587.003.0007
Subject:
Law, Comparative Law

This chapter discusses federalism and, more generally, the relationship between the federal and state governments. It begins by laying out the formal, constitutional structure, and then moves on to ... More


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