Powers Reserved for the People and the States: A History of the Ninth and Tenth Amendments
Greenwood Publishing Group, 2006 - Počet stran: 290
American judges and legal scholars have long misunderstood the intended meaning of the Ninth Amendment and its relationship to the Tenth. Because of misinterpretation, the Ninth and Tenth Amendments have not been used to fulfill their original purposes. The limited and unlimited powers of the federal government have been shaped greatly by that error. In this book the authors clarify the actual meaning of the Ninth Amendment and its connection to the Tenth Amendment in order to provide a clear understanding of the full potential of the two amendments. Historical and contemporary details are included to provide an appreciation of the intended purpose of the amendments. Issues regarding the misinterpretation of the Ninth and Tenth Amendments are clearly outlined and explained in depth, including such topics as: *The drafting of the Ninth and Tenth Amendments *Enumerated, necessary and proper, and reserved powers of the state governments and *Substantive due process. The book also includes a bibliographical essay with information on alternative sources for grasping the intended meaning of the amendments.
Co říkají ostatní - Napsat recenzi
Na obvyklých místech jsme nenalezli žádné recenze.
The Drafting of the Ninth and Tenth Amendments
Enumerated Necessary and Proper and Reserved Powers Challenges for the Early Congresses
Federalism and the Civil War Amendments
The Reserved Powers from 1895 through World War II
Reserved Powers in the Second Half of the Twentieth Century
Další vydání - Zobrazit všechny
activity adopted American argued argument asserted authority bank Bill of Rights challenged Chief cited Cities claim Commerce Clause concern concluded Congress congressional Const Constitution Constitution’s Convention critical debate decision deﬁne delegated dissenting distinction doctrine drafted Due Process effect enact enforce enumerated powers established example exercise express expressly federal government Federalist ﬁrst Framers freedom fundamental rights given granted guarantee holding implied important included individual interpretation interstate commerce issue James John judicial Justice language least legislative liberty limited Lopez Madison majority McAffee means ment natural Necessary and Proper Ninth observed opinion Original political principle Professor prohibition proposed protection provision question quoting ratiﬁcation reading reason recognized referred regulate rejected reprinted retained rulings secured sovereignty speciﬁc statute substantive suggested supra note Supreme Court Tenth Amendment theory Thomas tion understanding unenumerated United Virginia