States’ Rights
The power of states versus the federal government has changed substantially over the course of American history. In recent years, the Supreme Court has been more willing to allow states more powers. What have been some recent issues involving the rights of states versus those of the federal government? What are arguments for and against increased states’ rights? What role does the Tenth Amendment play?
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"state rights" into the Subject Guide.
"tenth amendment OR 10th amendment" into Keywords.
The Tenth Amendment and local government. (response to David J. Barron, Duke Law Journal, vol. 51, p. 377, 2001) Jake Sullivan. Yale Law Journal May 2003 v112 i7 p1935(8) (3798 words)
Choosing a "primacy" approach: Chief Justice Christine M. Durham advocating states rights in our federalist system. (Utah Supreme Court) Sinead McLoughlin. Albany Law Review Summer 2002 v65 i4 p1161(20)
Feds and loathing: the high court seems ready to reinvigorate its already robust support of states' rights. (US Supreme Court) Tony Mauro. American Lawyer April 2002 v24 i4 p59(2)
States' rights and the initiative process. (Initiative & Referendum). (Brief Article) M. Dane Waters. Campaigns & Elections April 2002 v23 i3 p32(1)
Federalism and the Supreme Court. David G. Savage. State Legislatures Oct-Nov 2001 v27 i9 p30
Why talking about "states' rights" cannot avoid the need for normative federalism analysis. (response to Lynn A. Baker and Ernest A. Young, Duke Law Journal, vol.51, p. 75, 2001) Ann Althouse. Duke Law Journal Oct 2001 v51 i1 p363(14)
Forecasting the future of federalism. Erwin Chemerinsky. Trial July 2001 v37 i7 p18
A localist critique of the new federalism. David J. Barron. Duke Law Journal Oct 2001 v51 i1 p377(57)
The Tenth Amendment among the shadows: on reading the constitution in Plato's Cave. Jay S. Bybee. Harvard Journal of Law & Public Policy Spring 2000 v23 i2 p551
American FEDERALISM Half-Full or Half-Empty? Martha Derthick. Brookings Review Wntr 2000 v18 i1 p24
STATES' RIGHTS AND FOREIGN POLICY - Some Things Should Be Left to Washington. Brannon P. Denning, Jack H. McCall. Foreign Affairs Jan-Feb 2000 v79 i1 p9 Mag.Coll.: 101E1690.
Devolution: Congress Doesn't 'Walk the Walk'. Michael Grunwald. State Legislatures, January 2000 v26 i1 p32
If the states had been sovereign. (The Sound of Legal Thunder: The Chaotic Consequences of Crushing Constitutional Butterflies) Edward L. Rubin. Constitutional Commentary, Winter 1999 v16 i3 p555
Staking out the border between commandeering and conditional preemption: is the Driver's Privacy Protection Act constitutional under the Tenth Amendment? Rachel F. Preiser. Michigan Law Review Nov 1999 v98 i2 p514
A watershed term for federalism. (includes related article on sovereign status of states from federal discrimination lawsuits)(sovereign status of states affirmed by series of Supreme Court rulings) David G. Savage. State Legislatures, September 1999 v25 i8 p18(5)
Anything left to legislate about. (state legislators take steps to preserve power preempted by Congress) William T. Waren. State Legislatures, September 1999 v25 i8 p23(3)
More Supreme than Ever. (Supreme Court decisions involving the Eleventh Amendment) HADLEY ARKES. National Review July 26, 1999 v50 i14 p38 Mag.Coll.: 99F0157.
A BRIDGE TOO FAR ON STATES' RIGHTS. Stuart Taylor Jr.. National Journal July 24, 1999 v31 i30 p2136
The federalization of criminal laws. John J. Mountjoy. Spectrum: the Journal of State Government, Summer 1999 v72 i3 p1(4)
Court to Congress: you can't regulate everything. Taylor Stuart Jr.. National Journal March 13, 1999 v31 i11 p660(1)
Pursuing the great experiment: reserved powers in a post-ratification, compound republic. (federalism) Mark R. Killenbeck. Supreme Court Review Annual 1999 p81
Commandeering, the Tenth Amendment, and the federal requisition power: New York v. United States revisited. Erik M. Jensen, Jonathan L. Entin. Constitutional Commentary Summer 1998 v15 n2 p355-381
Constitutional federalism. (preemption of state law by the federal government)(The States' Advocate)
State Legislatures June 1998 v24 n6 pS4(1)
The real "Contract with America": the original intent of the Tenth Amendment and the Commerce Clause. Peter A. Lauricella. Albany Law Review Summer 1997 v60 n4 p1377-1408
Pleading the tenth: with the demise of liberalism, can federalism be brought back to life? Pete Du Pont. National Review Nov 27, 1995 v47 n22 p50(4) Mag.Coll.: 81M0631.
The nullifiers. (states' rights)(Column) Bernard A. Weisberger. American Heritage Oct 1995 v46 n6 p20(2) Mag.Coll.: 81A1227. |
