미국의 수직적 연방주의의 헌법적 구조
Constitutional Underpinnings of US Federalism: Vertical Structure
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This paper attempts to look at the constitutional structure of US federalism in terms of federal government and state relations. The Constitution distribute powers between federal government and state government through a series of provisions such as Enumerated Clause, Supremacy Clause, Enforcement Clause of 14th Amendment, and 10th, 11th Amendments. In the enumerated power areas, federal government has the superior power over state governments based on Supremacy Clause, while in the area which does not fall within the Enumerated area, state government has the control. Over the 200 plus period of US history, the division of authority has evolved toward federal government's expanding authority. The New Federalism of Rehnquist Court has set a certain limits on the expansion of federal power through bolstering states power based on structural interpertation of Constitution.
Abstract
This paper attempts to look at the constitutional structure of US federalism in terms of federal government and state relations. The Constitution distribute powers between federal government and state government through a series of provisions such as Enumerated Clause, Supremacy Clause, Enforcement Clause of 14th Amendment, and 10th, 11th Amendments. In the enumerated power areas, federal government has the superior power over state governments based on Supremacy Clause, while in the area which does not fall within the Enumerated area, state government has the control. Over the 200 plus period of US history, the division of authority has evolved toward federal government's expanding authority. The New Federalism of Rehnquist Court has set a certain limits on the expansion of federal power through bolstering states power based on structural interpertation of Constitution.
참고문헌 (38)
- "The Articles of Confederation", ~
- "US Constitution", ~
- "Agricultural Adjustment Act", ~ (1938)
- "Brady Handgun Violence Prevention Act", ~ (1993)
- "Child Labor Tax Law", ~ (1919)
- "Gun Free School Zone Act", ~ (1990)
- "Judicial Procedure Reform Bill", ~ (1937)
- "Sherman Antitrust Act", ~ (1890)
- "Violence Against Women Act", ~ (1994)
- "Bailey v. Drexel Furniture Co., 259 U.S. 20", ~ (1922)
- "Federal Energy Regulatory Commission v. Mississippi, 456 U.S. 742", ~ (1982)
- "Fitzpatrick v. Bitzer, 427 U.S. 445", ~ (1976)
- "Garcia v. San Antonio Metropolitan Transit Authnority, 469 U.S. 528", ~ (1985)
- "Hans v. Louisiana, 134 U.S. 1", ~ (1890)
- "Maryland v. Wirtz, 392 U.S. 183", ~ (1968)
- "McCulloch v. Maryland, 17 U.S. (1 Wheat.) 316", ~ (1819)
- "National League of Cities v. Usery, 392 U.S. 183", ~ (1968)
- "New York v. United States. 505 U.S. 144", ~ (1992)
- "Pennsylvania v. Union Gas Co., 491 U.S. 1", ~ (1989)
- "Printz v. United States, 521 U.S. 898 at 928", ~ (1997)
- "Seminole Tribe of Florida v. Florida, 517 U.S. 44", ~ (1996)
- "United States v. E.C. Nights Co., 156 U.S. 1", ~ (1895)
- "United States v. Lopez, 514 U.S. 549", ~ (1995)
- "United States v. Morrison, 529 U.S. 598", ~ (2000)
- "Wickard v. Filburn, 317 U.S. 111", ~ (1942)
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- Marc Landy, "American Government: Balancing Democracy and Rights" (2004), McGraw Hill