Originalism, Federalism, and the American Constitutional Enterprise
eBook - PDF

Originalism, Federalism, and the American Constitutional Enterprise

A Historical Inquiry

  1. English
  2. PDF
  3. Available on iOS & Android
eBook - PDF

Originalism, Federalism, and the American Constitutional Enterprise

A Historical Inquiry

About this book

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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Yes, you can access Originalism, Federalism, and the American Constitutional Enterprise by Carl F. Kaestle, Helen Damon-Moore, Lawrence C. Stedman in PDF and/or ePUB format, as well as other popular books in Business & Business General. We have over one million books available in our catalogue for you to explore.

Information

Year
2007
eBook ISBN
9780300150179
Edition
1

Table of contents

  1. CONTENTS
  2. ACKNOWLEDGMENTS
  3. Introduction. The Inquiry
  4. 1. American Constitutional Federalism as a Normative Problem
  5. Part I. Structural Intrinsics
  6. 2. Federalism as Doubly Blurred
  7. 3. Federalism as Fractionated
  8. 4. Federalism as Instrumental
  9. 5. Federalism as Contingent
  10. Part II. Consequential Dynamics
  11. 6. Kaleidoscopic Politics
  12. 7. Readjusting Components
  13. 8. Contested Authorities
  14. 9. Evolving Understandings
  15. Part III. Conclusion
  16. 10. The ā€œArduous Enterpriseā€
  17. Notes
  18. Index