Essentials of the American Constitution by Charles H. Sheldon

Author:Charles H. Sheldon [Sheldon, Charles H.]
Language: eng
Format: epub
Tags: Political Science, General
ISBN: 9780429969287
Google: GQHFDwAAQBAJ
Goodreads: 40000022
Publisher: Routledge
Published: 2001-08-03T00:00:00+00:00

Notes

1 K. C. Wheare, Federal Government (New York: Oxford University Press, 1964), p. 1.

2 “Had the people believed that the Constitution would ‘reduce the [States] to little more than geographical subdivisions of the National domain … it never would have been ratified.’” Quoted in Raoul Berger, Government by Judiciary (Cambridge: Harvard University Press, 1977), p. 55.

3 Quoted in C. Herman Pritchett, The American Constitution (New York: McGraw Hill, 1968), p. 159.

4 County and municipal governments are instruments of state governments.

5 Horizontal federalism is not to be confused with what has been called a “‘horizontal division’ among the national executive, legislature, and judiciary” or, more correctly, separation of powers. See, for example, John H. Garvey and T. Alexander Aleinikoff (eds.), Modern Constitutional Theory: A Reader (St. Paul, MN: West Publishing Co., 1989), p. 177.

6 Geoffrey R. Stone, Louis M. Seidman, Cass R. Sunstein, and Mark V. Tushnet, Constitutional Law (Boston: Little, Brown and Company, 1986), p. 126.

7 Lewis B. Kaden, “Politics, Money, and State Sovereignty: The Judicial Role” and Andrzej Rapaczynski, “From Sovereignty to Process: The Jurisprudence of Federalism after Garcia,” in Garvey and Aleinikoff, Modern Constitutional Theory, pp. 130, 141.

8 Charles Evans Hughes, The Supreme Court of the United States (New York: Garden City, 1936), p. 155.

9 The Garcia decision also involves aspects of representation and separation of powers.

10 Section 10 of Article 1 reads, “No State shall enter into a Treaty, Alliance, or Confederation.” The Curtiss-Wright case also contains remarks about the compact and separation of powers.

11 Neagle also mentions aspects of separation of powers.

12 Raoul Berger, Federalism: The Founders’ Design (Norman: University of Oklahoma Press, 1987), p. 48.

13 Baldwin v. Seelig, 294 U.S. 511, 523 (1935).

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