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The Tenth Amendment and State Sovereignty : Constitutional History and Contemporary Issues - Mark R. Killenbeck

The Tenth Amendment and State Sovereignty

Constitutional History and Contemporary Issues

By: Mark R. Killenbeck (Editor)

Paperback Published: 28th December 2001
ISBN: 9780742518803
Number Of Pages: 224

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In the wake of the 2000 Election, the relationship between the Supreme Court and the American states has become more important. Once derided by the Supreme Court as a 'truism,' the Tenth Amendment has in recent years been transformed from a neglected provision into a vital 'first principle.' As such, it has provided the foundation for a series of decisions in which the Supreme Court has elevated the status of the states, often at the expense of federal power and in the face of previously settled assumptions. In this important volume, four prominent scholars--two historians and two law professors--examine carefully one of the central tenets in the Supreme Court's recent Tenth Amendment jurisprudence: the assumption that the results fashioned by a narrow majority are compelled by history and consistent with the intentions of the framers. They shed important new light on a series of decisions that mark a major change in our thinking about the nature of a constitutional system within which both the federal government and the states properly regard themselves as sovereign entities.

These historical analyses allow readers to orient themselves with respect to the controversy and to move toward a personal conclusion with respect to the relative rights and powers of the national and state governments. Not surprisingly historians and legal scholars can be satisfied that these explain the recently emerged federalism questions.--Law and Politics Book Review

No Harm in Such a Declaration?p. 1
The Tenth Amendment over Two Centuries: More than a Truismp. 41
American Federalism: Was There an Original Understanding?p. 107
Federalism and Judicial Reviewp. 131
Revolution or Retreat?p. 181
Case Indexp. 191
Subject Indexp. 193
About the Contributorsp. 197
Table of Contents provided by Syndetics. All Rights Reserved.

ISBN: 9780742518803
ISBN-10: 0742518809
Audience: General
Format: Paperback
Language: English
Number Of Pages: 224
Published: 28th December 2001
Country of Publication: US
Dimensions (cm): 22.23 x 14.61  x 1.27
Weight (kg): 0.27