The upside-down Constitution [electronic resource] / Michael S. Greve.
Greve, Michael S.
2012
KF4600 .G748 2012eb
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Title The upside-down Constitution [electronic resource] / Michael S. Greve.
Author Greve, Michael S.
ISBN 9780674063228 electronic book
9780674061910
Publication Details Cambridge, Mass. : Harvard University Press, 2012.
Language English
Description 1 online resource (viii, 518 p.)
Call Number KF4600 .G748 2012eb
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.
Access Note Access limited to authorized users.
Source of Description Description based on print version record.
Available in Other Form Upside-down Constitution.
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Introduction
Part one. Foundations: Constitutionalism; federalism; constitutional structure
Part two. Competitive federalism: Commerce and competition; corporations; federal common law; the fiscal constitution
Part three. Transformation: Constitutional inversion; commerce, cartels, and concurrent powers; Erie's federalism; fiscal federalism revisited
Part four. Our federalism: Federalism after the New Deal: rights, revenues, and regulation; from experiments to exploitation; the Supreme Court's federalism
Part five. "Our federalism": the court, the nation, and the states; federalism among the states; conclusion: federalism at the crossroads.

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