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 clo...
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| 格式: | Licensed eBooks |
| 語言: | 英语 |
| 出版: |
New Haven :
Yale University Press
©2007.
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| 在線閱讀: | https://www.jstor.org/stable/10.2307/j.ctt5vkt1d |
| 總結: | 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. |
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| 實物描述: | 1 online resource (x, 301 pages) |
| 格式: | Master and use copy. Digital master created according to Benchmark for Faithful Digital Reproductions of Monographs and Serials, Version 1. Digital Library Federation, December 2002. |
| 參考書目: | Includes bibliographical references (pages 207-292) and index. |
| ISBN: | 9780300150179 0300150172 9780300122039 0300122039 |