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Monitoring American Federalism - The History of State Legislative Resistance (Hardcover)
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Monitoring American Federalism - The History of State Legislative Resistance (Hardcover)
Series: Studies in Legal History
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Monitoring American Federalism examines some of the nation's most
significant controversies in which state legislatures have
attempted to be active partners in the process of constitutional
decision-making. Christian G. Fritz looks at interposition, which
is the practice of states opposing federal government decisions
that were deemed unconstitutional. Interposition became a much-used
constitutional tool to monitor the federal government and organize
resistance, beginning with the Constitution's ratification and
continuing through the present affecting issues including gun
control, immigration and health care. Though the use of
interposition was largely abandoned because of its association with
nullification and the Civil War, recent interest reminds us that
the federal government cannot run roughshod over states, and that
states lack any legitimate power to nullify federal laws.
Insightful and comprehensive, this appraisal of interposition
breaks new ground in American political and constitutional history,
and can help us preserve our constitutional system and democracy.
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