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The Tenth Amendment
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Book Synopsis The Tenth Amendment and State Sovereignty by : Mark Robert Killenbeck
Download or read book The Tenth Amendment and State Sovereignty written by Mark Robert Killenbeck and published by Rowman & Littlefield. This book was released on 2002 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis 10th Amendment Secures a Republic Form of Government!!! by : Daniel H. Marchi
Download or read book 10th Amendment Secures a Republic Form of Government!!! written by Daniel H. Marchi and published by AuthorHouse. This book was released on 2010-02 with total page 542 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book describes the 10th Amendment rules that must be adhere to preserve a Republic form of government. If these rules are broken, then the government reverts to a non Republic form of government violating the 10th amendment which is the last Amendment in the Bill of Rights. Other topics are discussed such as mob rule leading to violating the 10th Amendment.
Book Synopsis Constitutionalism and the Rule of Law by : Maurice Adams
Download or read book Constitutionalism and the Rule of Law written by Maurice Adams and published by Cambridge University Press. This book was released on 2017-02-02 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rule of law and constitutionalist ideals are understood by many, if not most, as necessary to create a just political order. Defying the traditional division between normative and positive theoretical approaches, this book explores how political reality on the one hand, and constitutional ideals on the other, mutually inform and influence each other. Seventeen chapters from leading international scholars cover a diverse range of topics and case studies to test the hypothesis that the best normative theories, including those regarding the role of constitutions, constitutionalism and the rule of law, conceive of the ideal and the real as mutually regulating.
Book Synopsis Limiting Federal Powers by : Hallie Murray
Download or read book Limiting Federal Powers written by Hallie Murray and published by Enslow Publishing, LLC. This book was released on 2017-07-15 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Tenth Amendment says that the powers not delegated to the federal government by the Constitution belong to the individual states and their residents and can not be taken away from them. Like the Ninth Amendment, the Tenth Amendments wording is vague and abstract and often debated, especially when applied to such important contemporary issues as the drinking age, gun ownership, health care, environmental standards, and controlled substances. Through full-color and black-and-white photos, engaging text, and primary sources, students will learn why this amendment was created, how notions of states' versus federal rights have changed throughout history, and how this ongoing conflict between state and federal government affects their lives.
Book Synopsis Our Constitution by : Donald A. Ritchie
Download or read book Our Constitution written by Donald A. Ritchie and published by Oxford University Press, USA. This book was released on 2006 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: WHY WAS THE CONSTITUTION NECESSARY?--WHAT KIND OF GOVERNMENT DID THE CONSTITUTION CREATE?--HOW IS THE CONSTITUTION INTERPRETED?
Download or read book The Tenth Amendment written by Tamra Orr and published by . This book was released on 2011 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt: An explanation of the Tenth Amendment to the United States Constitution and why it is so important.
Download or read book Constitution written by United States and published by . This book was released on 1893 with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis American Government 3e by : Glen Krutz
Download or read book American Government 3e written by Glen Krutz and published by . This book was released on 2023-05-12 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Black & white print. American Government 3e aligns with the topics and objectives of many government courses. Faculty involved in the project have endeavored to make government workings, issues, debates, and impacts meaningful and memorable to students while maintaining the conceptual coverage and rigor inherent in the subject. With this objective in mind, the content of this textbook has been developed and arranged to provide a logical progression from the fundamental principles of institutional design at the founding, to avenues of political participation, to thorough coverage of the political structures that constitute American government. The book builds upon what students have already learned and emphasizes connections between topics as well as between theory and applications. The goal of each section is to enable students not just to recognize concepts, but to work with them in ways that will be useful in later courses, future careers, and as engaged citizens. In order to help students understand the ways that government, society, and individuals interconnect, the revision includes more examples and details regarding the lived experiences of diverse groups and communities within the United States. The authors and reviewers sought to strike a balance between confronting the negative and harmful elements of American government, history, and current events, while demonstrating progress in overcoming them. In doing so, the approach seeks to provide instructors with ample opportunities to open discussions, extend and update concepts, and drive deeper engagement.
Book Synopsis The Tenth Amendment by : Elizabeth Raum
Download or read book The Tenth Amendment written by Elizabeth Raum and published by Capstone. This book was released on 2018 with total page 33 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the causes, writing, and effects of the Tenth Amendment of the Bill of Rights, which protects the rights of states. Includes critical thinking questions, photographs, a glossary, and further resources.
Book Synopsis Restoring the Lost Constitution by : Randy E. Barnett
Download or read book Restoring the Lost Constitution written by Randy E. Barnett and published by Princeton University Press. This book was released on 2013-11-24 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost. Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a "presumption of liberty" to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people. As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond. This updated edition features an afterword with further reflections on individual popular sovereignty, originalist interpretation, judicial engagement, and the gravitational force that original meaning has exerted on the Supreme Court in several recent cases.
Book Synopsis The Tenth Amendment by : Tamra B. Orr
Download or read book The Tenth Amendment written by Tamra B. Orr and published by . This book was released on 2011-01-15 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Constitution and the Bill of Rights were born out of a highly contentious and passionate ideological debate over the relative balance of federal versus state powers. The Tenth Amendment is a further attempt to address the challenges of reaching and maintaining that balance. Readers will learn about the historical context behind why this amendment was deemed necessary and how it was debated, drafted, and ratified. The application of the amendment to specific cases reveals how notions of states versus federal rights have evolved over time. The lively and high-stakes debate over federal power and its limitations is illustrated with reference to relevant contemporary issues, like drinking and driving ages, speed limits, gun ownership and use, health care, environmental standards, food and drug laws, and controlled substances. Readers will be fascinated by this ongoing conflict between state and federal government.
Book Synopsis On Constitutional Disobedience by : Louis Michael Seidman
Download or read book On Constitutional Disobedience written by Louis Michael Seidman and published by Oxford University Press. This book was released on 2013-01-02 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: What would the Framers of the Constitution make of multinational corporations? Nuclear weapons? Gay marriage? They led a preindustrial country, much of it dependent on slave labor, huddled on the Atlantic seaboard. The Founders saw society as essentially hierarchical, led naturally by landed gentry like themselves. Yet we still obey their commands, two centuries and one civil war later. According to Louis Michael Seidman, it's time to stop. In On Constitutional Disobedience, Seidman argues that, in order to bring our basic law up to date, it needs benign neglect. This is a highly controversial assertion. The doctrine of "original intent" may be found on the far right, but the entire political spectrum--left and right--shares a deep reverence for the Constitution. And yet, Seidman reminds us, disobedience is the original intent of the Constitution. The Philadelphia convention had gathered to amend the Articles of Confederation, not toss them out and start afresh. The "living Constitution" school tries to bridge the gap between the framers and ourselves by reinterpreting the text in light of modern society's demands. But this attempt is doomed, Seidman argues. One might stretch "due process of law" to protect an act of same-sex sodomy, yet a loyal-but-contemporary reading cannot erase the fact that the Constitution allows a candidate who lost the popular election to be seated as president. And that is only one of the gross violations of popular will enshrined in the document. Seidman systematically addresses and refutes the arguments in favor of Constitutional fealty, proposing instead that it be treated as inspiration, not a set of commands. The Constitution is, at its best, a piece of poetry to liberty and self-government. If we treat it as such, the author argues, we will make better progress in achieving both.
Book Synopsis The Divided States of America by : Donald F. Kettl
Download or read book The Divided States of America written by Donald F. Kettl and published by Princeton University Press. This book was released on 2022-03-15 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: "As James Madison led America's effort to write its Constitution, he made two great inventions-the separation of powers and federalism. The first is more famous, but the second was most essential because, without federalism, there could have been no United States of America. Federalism has always been about setting the balance of power between the federal government and the states-and that's revolved around deciding just how much inequality the country was prepared to accept in exchange for making piece among often-warring states. Through the course of its history, the country has moved through a series of phases, some of which put more power into the hands of the federal government, and some rested more power in the states. Sometimes this rebalancing led to armed conflict. The Civil War, of course, almost split the nation permanently apart. And sometimes it led to political battles. By the end of the 1960s, however, the country seemed to have settled into a quiet agreement that inequality was a prime national concern, that the federal government had the responsibility for addressing it through its own policies, and that the states would serve as administrative agents of that policy. But as that agreement seemed set, federalism drifted from national debate, just as the states began using their administrative role to push in very different directions. The result has been a rising tide of inequality, with the great invention that helped create the nation increasingly driving it apart"--
Book Synopsis Limited Government and the Bill of Rights by : Patrick M. Garry
Download or read book Limited Government and the Bill of Rights written by Patrick M. Garry and published by University of Missouri Press. This book was released on 2012-07-15 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: Eric Hoffer Award Grand Prize Short List, 2015 What was the intended purpose and function of the Bill of Rights? Is the modern understanding of the Bill of Rights the same as that which prevailed when the document was ratified? In Limited Government and the Bill of Rights, Patrick Garry addresses these questions. Under the popular modern view, the Bill of Rights focuses primarily on protecting individual autonomy interests, making it all about the individual. But in Garry’s novel approach, one that tries to address the criticisms of judicial activism that have resulted from the Supreme Court’s contemporary individual rights jurisprudence, the Bill of Rights is all about government—about limiting the power of government. In this respect, the Bill of Rights is consistent with the overall scheme of the original Constitution, insofar as it sought to define and limit the power of the newly created federal government. Garry recognizes the desire of the constitutional framers to protect individual liberties and natural rights, indeed, a recognition of such rights had formed the basis of the American campaign for independence from Britain. However, because the constitutional framers did not have a clear idea of how to define natural rights, much less incorporate them into a written constitution for enforcement, they framed the Bill of Rights as limited government provisions rather than as individual autonomy provisions. To the framers, limited government was the constitutional path to the maintenance of liberty. Moreover, crafting the Bill of Rights as limited government provisions would not give the judiciary the kind of wide-ranging power needed to define and enforce individual autonomy. With respect to the application of this limited government model, Garry focuses specifically on the First Amendment and examines how the courts in many respects have already used a limited government model in their First Amendment decision-making. As he discusses, this approach to the First Amendment may allow for a more objective and restrained judicial role than is often applied under contemporary First Amendment jurisprudence. Limited Government and the Bill of Rights will appeal to anyone interested in the historical background of the Bill of Rights and how its provisions should be applied to contemporary cases, particularly First Amendment cases. It presents an innovative theory about the constitutional connection between the principle of limited government and the provisions in the Bill of Rights.
Book Synopsis Ninth & Tenth Amendments:The Right to More Rights by : Rich Smith
Download or read book Ninth & Tenth Amendments:The Right to More Rights written by Rich Smith and published by ABDO. This book was released on 2007-08-15 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the Ninth and Tenth Amendments, explaining more rights.
Book Synopsis Powers Reserved for the People and the States by : Thomas B. McAffee
Download or read book Powers Reserved for the People and the States written by Thomas B. McAffee and published by Praeger. This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Experts in the field of law explain the misunderstandings attached to and the intended meaning of the Ninth Amendment and its relationship to the Tenth Amendment of the United States Constitution.
Book Synopsis The Ratification of the Constitution by :
Download or read book The Ratification of the Constitution written by and published by . This book was released on 1988 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt:
