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The Tenth Amendment and State Sovereignty - Constitutional History and Contemporary Issues (Paperback)
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The Tenth Amendment and State Sovereignty - Constitutional History and Contemporary Issues (Paperback)
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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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