The Tenth Amendment and State Sovereignty

Constitutional History and Contemporary Issues

Nonfiction, Reference & Language, Law, Constitutional
Cover of the book The Tenth Amendment and State Sovereignty by Willaim E. Leuchtenburg, Jack N. Rakove, John Choon Yoo, Rowman & Littlefield Publishers
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Author: Willaim E. Leuchtenburg, Jack N. Rakove, John Choon Yoo ISBN: 9781461645801
Publisher: Rowman & Littlefield Publishers Publication: December 22, 2001
Imprint: Rowman & Littlefield Publishers Language: English
Author: Willaim E. Leuchtenburg, Jack N. Rakove, John Choon Yoo
ISBN: 9781461645801
Publisher: Rowman & Littlefield Publishers
Publication: December 22, 2001
Imprint: Rowman & Littlefield Publishers
Language: English

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 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 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 soverign entities.

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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 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 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 soverign entities.

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