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Originalism, Federalism, and the American Constitutional Enterprise - A Historical Inquiry (Paperback)
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Originalism, Federalism, and the American Constitutional Enterprise - A Historical Inquiry (Paperback)
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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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