Federalism: A Reference Guide to the United States Constitution

Federalism: A Reference Guide to the United States Constitution

by Vicki C. Jackson, Susan Low Bloch
     
 

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Federalism: A Reference Guide to the United States Constitution provides a thorough examination of this significant and distinctive part of the U.S. constitutional system, documenting its role in major domestic constitutional controversies in every period of American history.

Although the book is organized historically rather than doctrinally,

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Overview

Federalism: A Reference Guide to the United States Constitution provides a thorough examination of this significant and distinctive part of the U.S. constitutional system, documenting its role in major domestic constitutional controversies in every period of American history.

Although the book is organized historically rather than doctrinally, the marked evolutions of important areas of doctrine are addressed over time. These subject areas include the scope of Congress's power under the Commerce Clause, the scope of Congress's powers under the Fourteenth and other post-Civil War Amendments, the states' authority to regulate commercial and economic matters when Congress is silent, the principle of the supremacy of federal law and the law of preemption that follows from it, intergovernmental and sovereign immunities, the obligation of state courts to enforce federal law, and the scope of national power to regulate or impose obligations on the states.

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Editorial Reviews

Library Journal
01/01/2014
Analyzing the Constitution from the federalism perspective rather than the historical one, Bloch (constitutional law, Georgetown Univ. Law Ctr.) and Jackson (constitutional law, Harvard Law Sch.) provide a "historical account of the Supreme Court's encounters with a range of federalism issues," defining federalism as "the constitutional allocations of authority (legislative, judicial, executive) to the national and the state governments and to the relationships between and among those levels and branches of government." Arranged historically by broad period, chapters reflect the growing use of Supreme Court decisions to establish the rights and responsibilities of the federal vs. the state governments. For example, Chapter 1 (35 pages) covers the founding of the United States to the Civil War, while Chapter 2 ("Civil War and Reconstruction") is 39 pages long, and Chapter 5 (87 pages) discusses the mid-1900s through 2012 and future trends. With its emphasis on decisions regarding the rights and responsibilities of the federal and state governments, this title is an excellent complement to John Vile's historical approach in the Encyclopedia of Constitutional Amendments, Proposed Amendments, and Amending Issues, 1789–2010. Back matter includes a detailed index and a narrative bibliography. VERDICT Recommended for upper-division political science, pre-law, and law students studying constitutional law and the role the U.S. Supreme Court plays in determining limitations of the federal and state governments.—Laurie Selwyn, formerly with Grayson Cty. Law Lib., Sherman, TX
From the Publisher
"This is the latest in a series titled Reference Guides to the United States Constitution. Dubbed as a reference guide, it is really a comprehensive treatise on the development of federalism as seen through Supreme Court decisions. . . . Summing Up: Highly recommended. Upper-division undergraduates and above." - Choice

"With its emphasis on decisions regarding the rights and responsibilities of the federal and state governments, this title is an excellent complement to John Vile's historical approach in the Encyclopedia of Constitutional Amendments, Proposed Amendments, and Amending Issues, 1789–2010. . . . Recommended for upper-division political science, pre-law, and law students studying constitutional law and the role the U.S. Supreme Court plays in determining limitations of the federal and state governments." - Library Journal

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Product Details

ISBN-13:
9781440829963
Publisher:
ABC-CLIO, Incorporated
Publication date:
09/09/2013
Series:
Reference Guides to the United States Constitution
Sold by:
Barnes & Noble
Format:
NOOK Book
Pages:
315
File size:
610 KB

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What People are saying about this

Harry T. Edwards
"Two highly respected constitutional scholars, Susan Low Bloch and Vicki C. Jackson, have written a most welcome book on federalism, a topic that has troubled the courts since the Constitution was written. From landmark decisions of the Marshall Court, such as McCulloch vs. Maryland and Gibbons v. Ogden, to recent decisions of the Roberts Court, including those upholding the Affordable Health Care Act and striking down much of the Arizona Immigration Act, federalism has raised numerous troubling questions. Professors Bloch and Jackson approach these questions with the expertise and professionalism the topic deserves. They are careful to present a balanced view of what has been and continues to be a contentious subject. In a relatively short presentation, the authors illuminate the evolution of the concept of federalism, its importance over the centuries, and the vital, dynamic role it continues to play today. It is a masterful effort. Students, practitioners, jurists, and scholars will gain great profit from this sterling work for years to come."

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Meet the Author

Vicki C. Jackson, JD, BA, is Thurgood Marshall Professor of constitutional law at Harvard Law School, Cambridge, MA. Her published works include Constitutional Engagement in a Transnational Era; Federal Courts Stories, with Judith Resnik; and Inside the Supreme Court: The Institution and Its Procedures with Susan Low Bloch.

Susan Low Bloch, JD, is professor of constitutional law at Georgetown University Law Center, Washington, DC. Bloch is the coauthor of Inside the Supreme Court: The Institution and Its Procedures as well as Supreme Court Politics: The Institution and Its Procedures.

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