The upside-down Constitution / Michael S. Greve.
2012
KF4600 .G74 2012 (Mapit)
Available at General Collection
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Details
Title
The upside-down Constitution / Michael S. Greve.
Author
Greve, Michael S.
ISBN
9780674061910
0674061918
0674061918
Publication Details
Cambridge, Mass. : Harvard University Press, 2012.
Language
English
Description
viii, 518 p. : ill., maps ; 25 cm.
Call Number
KF4600 .G74 2012
Dewey Decimal Classification
342.73/042
Summary
"Over the course of the nation's history, the Constitution has been turned upside-down, Michael Greve argues in this provocative book. The Constitution's vision of a federalism in which local, state, and federal government compete to satisfy the preferences of individuals has given way to a cooperative, cartelized federalism that enables interest groups to leverage power at every level for their own benefit. Greve traces this inversion from the Constitution's founding through today, dispelling much received wisdom along the way. The Upside-Down Constitution shows how federalism's transformation was a response to states' demands, not an imposition on them. From the nineteenth-century judicial elaboration of a competitive federal order, to the New Deal transformation, to the contemporary Supreme Court's impoverished understanding of constitutional structure, and the 'devolution' in vogue today, Greve describes a trend that will lead to more government and fiscal profligacy, not less. Taking aim at both the progressive heirs of the New Deal and the vocal originalists of our own time, The Upside-Down Constitution explains why the current fiscal crisis will soon compel a fundamental renegotiation of a new federalism grounded in constitutional principles"--Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
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Table of Contents
Constitutionalism
Federalism
Constitutional structure
Commerce and competition
Corporations
Federal common law
The fiscal constitution
Constitutional inversion
Commerce, cartels, and concurrent powers
Erie's federalism
Fiscal federalism
Federalism after the New Deal : rights, revenues, and regulation
From experiments to exploitation
The Supreme Court's federalism
The court, the nation, and the states
Federalism among the states.
Federalism
Constitutional structure
Commerce and competition
Corporations
Federal common law
The fiscal constitution
Constitutional inversion
Commerce, cartels, and concurrent powers
Erie's federalism
Fiscal federalism
Federalism after the New Deal : rights, revenues, and regulation
From experiments to exploitation
The Supreme Court's federalism
The court, the nation, and the states
Federalism among the states.