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Topic: Federalism



  
 Federation - Wikipedia, the free encyclopedia
A federal upper house may be based on a special scheme of apportionment, as is the case in the senates of the United States and Australia, where each state is represented by an equal number of senators irrespective of the size of its population.
Alternatively, or in addition to this practice, the members of an upper house may be indirectly elected by the government or legislature of the component states, as occurred in the United States prior to 1913, or be actual members or delegates of the state governments, as, for example, is the case in the German Bundesrat.
Formal federalism (or 'constitutional federalism') - the delineation of powers is specified in a written constitution.
http://en.wikipedia.org/wiki/Federation   (2954 words)

  
 Federalism - Wikipedia, the free encyclopedia
The US Supreme Court has occasionally invalidated federal statutes (e.g., the Gun-Free School Zones Act in United States v.
Under a federal system a Constitution is the supreme power from which the state is derived.
Although federalism was mentioned both in drafts of the Maastricht treaty and the Treaty establishing a Constitution for Europe, it was never accepted by the representatives of the Member-States.
http://en.wikipedia.org/wiki/Federalism   (1636 words)

  
 Close Up Foundation Civics Education Federalism
Madison and Jefferson are responding particularly to the Sedition Act of 1798, a federal law that made it a crime to criticize the government of the United States.
The Journal of Federalism Lafayette College and Temple University publish Publius: The Journal of Federalism, a scholarly journal on the state of American federalism.
Historic Supreme Court Cases on Federalism Starting with Marbury v.
http://www.closeup.org/federal.htm   (3732 words)

  
 MSN Encarta - Federalism
The Supremacy Clause in Article VI of the U.S. Constitution holds that the federal constitution, and all laws and treaties based on it, are “the supreme law of the land.”
In a federal system, laws are made both by state, provincial, or territorial governments and by a central government.
Although federal courts tend to take a broad view of national powers, in the early and mid-1990s the Supreme Court issued several rulings that curtailed congressional power over the states.
http://encarta.msn.com/encyclopedia_761572095/Federalism.html   (1920 words)

  
 cric.ca - Canada's Portal - Quick Guide
The Council of the Federation: From a Defensive to a Partnership Approach.
While the United States, which adopted a federal constitution in 1787, is often regarded as the first modern federation, the history of federalism is much older.
Scholarly journal issued quarterly from Lafayette College, devoted to the study of federalism in all levels of government.
http://www.cric.ca/en_html/guide/federalism/federalism.html   (955 words)

  
 federalism on Encyclopedia.com
Federalism and the double standard of judicial review.(US Supreme Court)
Ascertaining the laws of the several states: positivism and judicial federalism after Erie.
FEDERALISM [federalism] 1 In political science, see federal government.
http://encyclopedia.infonautics.com/html/X/X-federlsm.asp   (715 words)

  
 Federalism
Federal political orders typically influence individuals’ political influence by skewing their voting weight in favor of citizens of small sub-units, or by granting sub-unit representatives veto rights on central decisions.
"Three Seventeenth-Century Theorists of Federalism: Althusius, Hugo and Leibniz." Publius 6, 3: 7-42.
Buchanan, James, 2001, Federalism, Liberty and the Law.
http://plato.stanford.edu/entries/federalism   (5089 words)

  
 Legal Momentum -- Issues -- The Project on Federalism
In the name of something called federalism the justices have ruled that powers Congress has traditionally used to govern, are now beyond the scope of Congress' authority.
Early indications, based on recently-announced judicial nominations, are that the Bush administration intends to continue and, if possible, accelerate the new "federalism" trend with its appointments to the federal bench.
This amendment protecting state "sovereign immunity" says that, unless a state consents, it cannot be sued by a citizen of another state or foreign country.
http://www.legalmomentum.org/issues/fed/index.shtml   (1941 words)

  
 The New Blue Federalists - The case for liberal federalism. By Richard Thompson Ford
"Federalism" is often an alias for conservative judicial activism—a convenient rationale for invalidating acts of Congress conservatives dislike.
Virginians successfully resisted the Violence Against Women Act as an inappropriate federalization of criminal law, and now Californians are attempting to resist federal antidrug laws outlawing the use of marijuana for medicinal purposes for the same reason.
State and local police successfully resisted being commandeered into a federal scheme of handgun registration required under the federal Brady Act; now some have suggested that cities resist federal antiterrorism policies that impinge on civil liberties and target immigrant communities.
http://www.slate.com/id/2111942   (1731 words)

  
 ThisNation.com--Federalism
Indeed, the inclusion of the federal principle in the Constitution was a critical factor in its ratification.
As colonies, the states had developed independently and, even after the Revolutionary War, they remained "distinct, different and insular communities."1 Consequently, bringing the states together in a federal system was fraught with controversy.
If they had not done so, it is unlikely that the ratifying conventions in the several states would have approved the Constitution.
http://www.thisnation.com/federalism.html   (454 words)

  
 Federalism8-99
The federal school-to-work bill was stalled in Congress, but individual state governors were bypassing their own legislatures in order to implement the national plan.
Working through the Education Commission of States, the federal government has for many years been pressuring state legislatures to write their own laws reflecting national guidelines.
Clinton is building his case on a progressive movement toward a "cooperative conception" of federalism.
http://www.crossroad.to/text/articles/Federalism8-99.html   (3374 words)

  
 CHAPTER TWO
Even so, the nature of federalism is dynamic and has been shaped through the years by laws, Supreme Court decisions, and debates among prominent elected officials and statesmen.
Eventually James Madison and Thomas Jefferson defined the states rights point of view as nullification, the right of a state to declare null and void a federal law that in the state's opinion, violated the Constitution.
The opposite view of strict construction, articulated by Thomas Jefferson, was that the federal government was the product of an agreement among the states and that the main threat to personal liberty was likely to come from the national government.
http://phs.prs.k12.nj.us/~ewood/amergov/USGov5th/chaptertwo.htm   (3208 words)

  
 Federalism & Seventeenth Amendment.  Repeal it!
Federalism, the Supreme Court, and the 17th Amendment - by Ralph Rossum
In the original design by the Framers of the U.S. Constitution, there was an effective check on Congress through the state legislatures' power to appoint (and remove) U.S. Senators.
With no guidance by the legislatures, Congress has a misdirected role, duplicating functions the Constitution had given to the states.
http://www.liberty-ca.org/seventeenth_amendment.htm   (880 words)

  
 Althouse: Terri Schiavo and federalism.
One more thing about federalism: the democratic branches of the state government had a conception of the rights of Terri Schiavo that the state court trumped, relying on state constitutional law.
Most people don't adopt a stance about the proper role of federal law and the federal government and then stick to it regardless of the issue, but they do tend to criticize their opponents for changing their stance on federalism.
Congress is now aligning with the position taken by the state legislature and the state governor.
http://althouse.blogspot.com/2005/03/terri-schiavo-and-federalism.html   (821 words)

  
 Crime & Federalism: A recent law grad and experienced criminal and civil rights lawyers blog about the law
A federal jury returned a verdict of $250,000 against a Corrections Officer in Connecticut the other day.
In general, one school board member should not be allowed to bring a political squabble into federal court.
And even if those points aren't forthcoming, a federal judge will not accept a plea to a count unless the judge is satisfied the person is in fact guilty.
http://federalism.typepad.com   (5863 words)

  
 Thomson Nelson - Political Science Resource Centre
To see the similarity between the jurisdiction of the provincial and territorial governments, compare s.92 of the Constitution Act, 1867 with s.17 of the Yukon Act.
British North America (No. 2) Act, 1949 created a new section, s.91(1), for the Constitution Act, 1867, which gave the federal Parliament certain powers to amend the Constitution with respect to the national level of government. 
Considerable co-ordination of policy innovations has been brought about through intergovernmental negotiations among the first ministers, ministers responsible for particular policy areas, as well as among federal and provincial civil servants.
http://polisci.nelson.com/federalism.html   (1741 words)

  
 Forum of Federations- Federalism
An Ethiopian delegation of ministers from the central government and two states visited the Forum office in Ottawa to exchange experiences in federal governance from February 6 to 7.
A delegation of nine Iraqis composed of three parliamentarians, one regional governor, a judge and other officials came to Canada and Switzerland in February on a study tour organized by the Forum of Federations with support from the National Democratic Institute and the Government of Switzerland.
Visiting the Forum of Federations office in Ottawa, they learned about fiscal federalism and then went to hear about intergovernmental relations and minority language rights from federal government officials.
http://www.forumoffederations.org   (986 words)

  
 www.AndrewSullivan.com - Latest Posts
One of the biggest setbacks for abortion rights was the Roe vs Wade over-reach.
In other words, he wants a federal constitutional amendment that would stop a majority in the state --
Thus the White House last week explained its position on federalism.
http://www.andrewsullivan.com/main_article.php?artnum=20041202   (1073 words)

  
 USIS -- Issues of Democracy -- April 1997
The federal government is of course the largest, but the governments of the 50 states and thousands of smaller units -- counties, cities, towns and villages -- are no less important.
Governor Michael Leavitt of the state of Utah urges a rebalancing of the American Republic, asking his fellow governors to make more effective use of the powers and tools the Founding Fathers had assigned to the states within the federal system.
Over the past 200 years, American federalism has undergone constant evolution.
http://usinfo.state.gov/journals/itdhr/0497/ijde/ijde0497.htm   (358 words)

  
 the lexfiles: Misunderestimations
Insist on Federalist judicial appointees with no social agenda, shout from the rooftops that the Federal Government has gotten too big, and insist on returning power to The States, where the politicians are (being more local) more accountable and more responsive to the people.
Because of the 50-50 split between the two voices in the country, there is obviously a large pro-liberal contingent that will simply not be heard by a Republican House, Senate, Court and President.
Insist on Federalist judicial appointees with no social agenda, shout from the rooftops that the Federal Government has...
http://www.lexgibson.net/thelexfiles/2004/11/misunderestimat.html   (3230 words)

  
 Home
A group of judges, parliamentarians and representatives of the civil society of Iraq spent a week in Switzerland in order to learn about the Swiss federal system.
Contributions of the 1st National Conference on Federalism
"Comparative Federalism: lessons and limitation", March 7, 2006, at the Institute of Federalism
http://www.federalism.ch   (209 words)

  
 Now, the Bushies Blame Federalism! - Plus--Judy Miller, looking for an out? By Mickey Kaus
A senior administration official said that Bush has clear legal authority to federalize National Guard units to quell civil disturbances under the Insurrection Act and will continue to try to unify the chains of command that are split among the president, the Louisiana governor and the New Orleans mayor.
It follows that the president and the federal government should have the power to stop things from screwing up.
Behind the scenes, a power struggle emerged, as federal officials tried to wrest authority from Louisiana Gov. Kathleen Babineaux Blanco (D).
http://www.slate.com/id/2125735   (6707 words)

  
 AEI - Short Publications
It is antithetical to constitutional federalism and destructive of sensible regulation.
Enact a Federal Compact Clause Enforcement Act, providing that multistate settlements shall require congressional approval (as the Compact Clause of Article I, Section 10 of the Constitution provides).
Adopt Judge Richard Posner’s proposal to abolish the states’ parens patriae authority to enforce federal antitrust law.
http://www.aei.org/publications/pubID.22565,filter.all/pub_detail.asp   (675 words)

  
 Townhall.com :: Columns :: Jesusland for thee, but not for me by Jonah Goldberg - Dec 1, 2004
All of a sudden, liberals have discovered federalism and states' rights.
But I'm ecstatic that liberals suddenly love federalism.
As conservatives have known for decades, federalism is the defense against an offensive federal government.
http://www.townhall.com/columnists/jonahgoldberg/jg20041201.shtml   (928 words)

  
 Symposium- The New Federalism
The symposium sought to investigate a central question in the policy debate concerning the new American federalism.
Other scholars who participated in the project include Stanford professors Ronald McKinnon and Thomas Nechyba, NYU law professor Richard Revesz, and Yale law professor Roberta Romano.
Federalism creates competition amoung the states to provide good public policy.
http://www-hoover.stanford.edu/research/conferences/11097.html   (359 words)

  
 The Federalism Project
In what was likely Justice O’Connor’s final foray into federalism matters, the court issued a 5-4 decision in Central Virginia Community College v.
Competitive Federalism International The Courts Regulation Attorneys General
The AEI Federalism Project conducts and sponsors original research on American federalism, with particular emphasis on federal and state business regulation, legal developments and the role of the courts, and the prospects for rehabilitating a constitutional federalism that puts states in competition for productive citizens and businesses.
http://www.federalismproject.org   (165 words)

  
 Federalism by Walter Block by Walter Block and Stephan Kinsella
The U.S. (or the state of Louisiana, it matter not which) forces Canada to give up its Sunday shopping restrictions.
The Constitution, illicit as it is, as written would not permit it to force one of the states to drop its rent controls (for example).
The federal government physically attacks Mississippi in 1950 for its Jim Crow legislation; Mississippi resists.
http://www.lewrockwell.com/block/block48.html   (1804 words)

  
 Technorati Tag: federalism
Alexander Hamilton - Federalism The Man Who Made Modern America 2004: The year of Alexander Hamilton.
A respect for the rights and powers of states, a long-standing strongpoint of the conservative movement, is being abandoned to make our food less...
Posts tagged Federalism per day for the last 30 days.
http://technorati.com/tag/federalism   (474 words)

  
 Ben's Guide (3-5): National versus State Government -- Federalism
Ben's Guide (3-5): National versus State Government -- Federalism
Since the signing of the Constitution, the division of power in the United States has been based on sharing power between the national government and individual state governments.
http://bensguide.gpo.gov/3-5/government/federalism.html   (99 words)

  
 American Council on Intergovernmental Relations: Federalism Links
Washington State Library: a federalism reading list -- http://www.statelib.wa.gov/refdesk/today/ti_fed.htm
Temple University's Center for the Study of Federalism -- http://www.temple.edu/federalism/
The National Governor's Association (NGA) Federalism page http://www.nga.org/106Congress/Federalism.asp
http://www.library.unt.edu/amcouncil/federalism.html   (249 words)

  
 Federal Links
Site established to increase political awareness among voters.
Links to reports on federalism from think tanks.
Intergovernmental online Information Kiosk offers a single window on federal, provincial, territorial, and municipal government online services in Canada
http://www.temple.edu/federalism/fedlinks.html   (465 words)

  
 federalism - Hutchinson encyclopedia article about federalism
When jurisdiction (legal power) is challenged, cases are decided by the US Supreme Court of the judiciary branch, thus creating constitutional law.
The US federal government is organized with an executive (administrative) branch, a legislature (law-making body), and a judiciary (courts system); each has means to control both of the other branches, thus creating a system of checks and balances, which was considered necessary for fair governing by the framers of the US Constitution.
A federation should be distinguished from a confederation, a looser union of states for mutual assistance.
http://encyclopedia.farlex.com/federalism   (239 words)

  
 CNN.com - Federalism - Oct 16, 2005
This activity is intended to help students learn more about the concept of federalism as it is demonstrated in the U.S. government.
(CNN Student News) -- One of the issues that has affected agreement on a new Iraqi constitution has been federalism.
Students will then consider how federalism could impact the people and government of Iraq.
http://cnn.com/rssclick/2005/EDUCATION/08/18/activity.federalism?...   (417 words)

  
 Federalism in Uganda
Please register your support for Federalism in Uganda today!
Our mission is to encourage the development of an active and informed citizenry on federalism as a genuine solution to Uganda's past woes.
Our objective is to be the premium web channel for online content on federalism, including value-added qualitative and quantitative research, objective comparative data, news, analysis, commentary and more on the ongoing debates on federalism in Uganda.
http://www.federo.com   (209 words)

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