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Constitutional Law: National Power and Federalism (Examples & Explanations) (Examples & Explanations)
A favorite among law students and professors alike, the Examples & Explanations series is ideal for studying, reviewing and testing your understanding through application of hypothetical examples. Authored by leading professors with extensive classroom experience, Examples & Explanations titles offer hypothetical questions in the subject area, complemented by detailed explanations that allow you to test your knowledge of the topic, and compare your own analysis..
Price: $27.00
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The Age of Federalism: The Early American Republic, 1788-1800
When Thomas Jefferson took the oath of office for the presidency in 1801, America had just passed through twelve critical years, years dominated by some of the towering figures of our history and by the challenge of having to do everything for the first time. Washington, Hamilton, Madison, Adams, and Jefferson himself each had a share in shaping that remarkable era--an era that is brilliantly captured in The Age of Federalism. Written by esteemed historians Stanley Elkins and Eric McKitrick, The Age of Federalism gives us a reflective, deeply informed analytical survey of this extraordinary period. Ranging over the widest variety of concerns--political, cultural, economic, diplomatic, and military--the authors provide a sweeping historical account, keeping always in view not only the problems the new nation faced but also the particular individuals who tried to solve them. As they move through the Federalist era, they draw subtly perceptive character sketches not only of the great figures--Washington and Jefferson, Talleyrand and Napoleon Bonaparte--but also of lesser ones, such as George Hammond, Britain's frustrated minister to the United States, James McHenry, Adams's hapless Secretary of War, the pre-Chief Justice version of John Marshall, and others. They weave these lively profiles into an analysis of the central controversies of the day, turning such intricate issues as the public debt into fascinating depictions of opposing political strategies and contending economic philosophies. Each dispute bears in some way on the broader story of the emerging nation. The authors show, for instance, the consequences the fight over Hamilton's financial system had for the locating of the nation's permanent capital, and how it widened an ideological gulf between Hamilton and the Virginians, Madison and Jefferson, that became unbridgeable. The statesmen of the founding generation, the authors believe, did "a surprising number of things right." But Elkins and McKitrick also describe some things that went resoundingly wrong: the hopelessly underfinanced effort to construct a capital city on the Potomac (New York, they argue, would have been a far more logical choice than Washington), and prosecutions under the Alien and Sedition Acts which turned into a comic nightmare. No detail is left out, or left uninteresting, as their account continues through the Adams presidency, the XYZ affair, the naval Quasi-War with France, and the desperate Federalist maneuvers in 1800, first to prevent the reelection of Adams and then to nullify the election of Jefferson. The Age of Federalism is the fruit of many years of discussion and thought, in which deep scholarship is matched only by the lucid distinction of its prose. With it, Stanley Elkins and Eric McKitrick have produced the definitive study, long awaited by historians, of the early national era..
Price: $18.25
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The Other Founders: Anti-Federalism and the Dissenting Tradition in America, 1788-1828 (Omohundro Institute of Early American History & Culture)
Fear of centralized authority is deeply rooted in American history. The struggle over the U.S. Constitution in 1788 pitted the Federalists, supporters of a stronger central government, against the Anti-Federalists, the champions of a more localist vision of politics. But, argues Saul Cornell, while the Federalists may have won the battle over ratification, it is the ideas of the Anti-Federalists that continue to define the soul of American politics. While no Anti-Federalist party emerged after ratification, Anti-Federalism continued to help define the limits of legitimate dissent within the American constitutional tradition for decades. Anti-Federalist ideas also exerted an important influence on Jeffersonianism and Jacksonianism. Exploring the full range of Anti-Federalist thought, Cornell illustrates its continuing relevance in the politics of the early Republic. A new look at the Anti-Federalists is particularly timely given the recent revival of interest in this once neglected group, notes Cornell. Now widely reprinted, Anti-Federalist writings are increasingly quoted by legal scholars and cited in Supreme Court decisions—clear proof that their authors are now counted among the ranks of America's founders..
Price: $27.50
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Contempt of Court: The Turn-of-the-Century Lynching That Launched a Hundred Years of Federalism
In this profound and fascinating book, the authors revisit an overlooked Supreme Court decision that changed forever how justice is carried out in the United States. In 1906, Ed Johnson was the innocnet black man found guilty of the brutal rape of Nevada Taylor, a white woman, and sentenced to die in Chattanooga, Tennessee. Two black lawyers, not even part of the original defense, appealed to the Supreme Court for a stay of execution, and the stay, incredibly, was granted. Frenzied with rage at the deision, locals responded by lynching Johnson, and what ensued was a breathtaking whirlwind of groundbreaking legal action whose import, Thurgood Marshall would claim, "has never been fully explained." Provocative, thorough, and gripping, Contempt of Court is a long-overdue look at events that clearly depict the peculiar and tenuous relationship between justice and the law. .
Price: $7.84
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Originalism, Federalism, and the American Constitutional Enterprise: A Historical Inquiry
In this lively historical examination of American federalism, a leading scholar in the field refutes the widely accepted notion that the founding fathers carefully crafted a constitutional balance of power between the states and the federal government. Edward A. Purcell Jr. bases his argument on close analysis of the Constitution’s original structure and the ways that structure both induced and accommodated changes over the centuries. There was no clear agreement among the founding fathers regarding the “true” nature of American federalism, Purcell contends, nor was there a consensus on “correct” lines dividing state and national authority. Furthermore, even had there been some true “original” understanding, the elastic and dynamic nature of the constitutional structure would have made it impossible for subsequent generations to maintain any “original” or permanent balance. The author traces the evolution of federalism through the centuries, focusing particularly on shifting interpretations founded on political interests. He concludes with insights into current issues of federal power and a discussion of the grounds on which legitimate decisions about federal and state power should rest. .
Price: $31.07
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Why States? The Challenge of Federalism (First Principles)
Federalism is a core component of the infrastructure of freedom It checks the centralization of the national government and protects a sphere of state autonomy and local self-government, the result of which is a great open space for the flourishing of civil society. In this booklet, former Deputy Secretary of Education Eugene Hickok makes the case for federalism, tells of its early practice and explains how modern bureaucratic government, the rights revolution, and judicial supremacy have come to take its place — all to the detriment of liberty and civic virtue. Only by understanding the principle and knowing its history can we hope to restore the primacy of American federalism, the future of which will shape what this nation is to become..
Price: $7.00
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Enhancing Government: Federalism for the 21st Century
Federalism—the division of power between national and state governments—has been a divisive issue throughout American history. Conservatives argued in support of federalism and states' rights to oppose the end of slavery, the New Deal, and desegregation. In the 1990s, the Rehnquist Court used federalism to strike down numerous laws of public good, including federal statutes requiring the clean up of nuclear waste and background checks for gun ownership. Now the Roberts Court appears poised to use federalism and states' rights to limit federal power even further.
In this book, Erwin Chemerinsky passionately argues for a different vision: federalism as empowerment. He analyzes and criticizes the Supreme Court's recent conservative trend, and lays out his own challenge to the Court to approach their decisions with the aim of advancing liberty and enhancing effective governance. While the traditional approach has been about limiting federal power, an alternative conception would empower every level of government to deal with social problems. In Chemerinsky's view, federal power should address national problems like environmental protection and violations of civil rights, while state power can be strengthened in areas such as consumer privacy and employee protection.
The challenge for the 21st century is to reinvent American government so that it can effectively deal with enduring social ills and growing threats to personal freedom and civil liberties. Increasing the chains on government—as the Court and Congress are now doing in the name of federalism—is exactly the wrong way to enter the new century. But, an empowered federalism, as Chemerinsky shows, will profoundly alter the capabilities and promise of U.S. government and society.
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Price: $9.95
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Dividing Citizens: Gender and Federalism in New Deal Public Policy
The New Deal was not the same deal for men and women--a finding strikingly demonstrated in Divided Citizens. Rich with implications for current debates over citizenship and welfare policy, this book provides a detailed historical account of how governing institutions and public policies shape social status and civic life. In her examination of the impact of New Deal social and labor policies on the organization and character of American citizenship, Suzanne Mettler offers an incisive analysis of the formation and implementation of the pillars of the modern welfare state: the Social Security Act, including Old Age and Survivors' Insurance, Old Age Assistance, Unemployment Insurance, and Aid to Dependent Children (later known simply as "welfare"), as well as the Fair Labor Standards Act, which guaranteed the minimum wage. Mettler draws on the methods of historical-institutionalists to develop a "structured governance" approach to her analysis of the New Deal. She shows how the new welfare state institutionalized gender politically, most clearly by incorporating men, particularly white men, into nationally administered policies and consigning women to more variable state-run programs. Differential incorporation of citizens, in turn, prompted different types of participation in politics. These gender-specific consequences were the outcome of a complex interplay of institutional dynamics, political imperatives, and the unintended consequences of policy implementation actions. By tracing the subtle and complicated political dynamics that emerged with New Deal policies, Mettler sounds a cautionary note as we once again negotiate the bounds of American federalism and public policy..
Price: $26.95
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Federal Courts, Federalism and Separation of Powers: Cases and Materials (American Casebook)
Law School Publications from West would like to announce that Doernberg, Wingate and Zeigler's Federal Courts, Federalism and Separation of Powers: Cases and Materials, Fourth Edition is publishing in April and the book should reach your desk in mid to late April. The new edition includes recent Terms' decisions on standing (Massachusetts v. EPA), federal-question jurisdiction (Grable v. Darue), federal common law, the Eleventh Amendment, the Rooker-Feldman doctrine (Exxon Mobil Corp. v. SABIC), and habeas corpus, the last of which now devotes a full section to habeas corpus and the war on terror..
Price: $132.00
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