The Tenth Amendment and state sovereignty : constitutional history and contemporary issues / edited by Mark R. Killenbeck.

Format:

Book

Contributor:

Killenbeck, Mark Robert.

Language:

English

Subjects (All):

Federal government--United States.

Federal government.

United States.

States' rights (American politics).

Sovereignty.

United States. Constitution--10th Amendment--History.

Physical Description:

198 pages ; 24 cm

Place of Publication:

Lanham, Md. : Rowman & Littlefield ; Berkeley, Calif. : Berkeley Public Policy Press, [2002]

Summary:

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

Contents:

Chapter 1 No Harm in Such a Declaration? / Mark R. Killenbeck 1

Chapter 2 The Tenth Amendment over Two Centuries: More than a Truism / William E. Leuchtenburg 41

Chapter 3 American Federalism: Was There an Original Understanding? / Jack N. Rakove 107

Chapter 4 Federalism and Judicial Review / John Choon Yoo 131

Chapter 5 Revolution or Retreat? / Mark R. Killenbeck 181.

Notes:

Includes bibliographical references and indexes.

ISBN:

0742518795

0742518809

OCLC:

48383394