Examines the state of federalism in the United States today.
Written in 2002; 3,454 words; 7 sources; APA; $ 97.95
Paper Summary:
This paper provides an overview of the current status of federalism within the U.S. It is the thesis of the paper that the President, the Courts and Congress have assumed influential and significant roles in the shaping of federalism in recent decades. Initially, a conceptualization of federalism is offered, as established by the founding fathers. Current literature is then used to identify factors associated with and the role assumed by the presidency, the Courts and Congress in federalism as it exists today within the U.S.
From the Paper:
"A number of landmark cases have been identified that offer evidence of the Courts efforts to restore federalism. United States v. Morrison has been identified as one of the most significant rulings favoring federalism during the 1999 term. Chief Justice Rehnquist and Justices Kennedy, O'Connor, Scalia, and Thomas, in their ruling on this case, annulled the civil remedies provision of the 1994 Violence against Women Act, which authorized victims of gender-motivated violence to sue their aggressors for damages in federal court. As ruled by the Justices, in a 5-4 opinion delivered by Chief Justice Rehnquist, the Court held that Congress lacked the authority to enact a statute under the Commerce Clause or the Fourteenth Amendment since the statute did not regulate an activity that substantially affected interstate commerce nor did it redress harm caused by the state."
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