The Tenth Amendment and State Sovereignty: Constitutional History and Contemporary Issues

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Mark Robert Killenbeck
Rowman & Littlefield, 2002 - History - 198 pages
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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 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.
 

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Contents

No Harm in Such a Declaration?
1
The Tenth Amendment over Two Centuries More than a Truism
41
American Federalism Was There an Original Understanding?
107
Federalism and Judicial Review
131
Revolution or Retreat?
181
Case Index
191
Subject Index
193
About the Contributors
196
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About the author (2002)

Mark R. Killenbeck is Wylie H. Davis Professor of Law at the University of Arkansas.

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