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Overview"Abraham Lincoln worried that the ""walls"" of the constitution would ultimately be levelled by the ""silent artillery of time"". His fears materialized with the 1913 ratification of the Seventeenth Amendment which eliminated federalism's structural protection, altering the very nature and meaning of federalism. This is the argument of Ralph A. Rossum's book in which he considers the forces unleashed by an amendment to install the direct election of US senators. Far from expecting federalism to be protected by an activist court, the framers, Rossum argues, expected the constitutional structure, and particularly election of the Senate by state legislatures, to sustain it. Rossum challenges the fundamental jurisprudential assumptions about federalism and provides an indictment of the controversial federalist decisions recently handed down by an activist US Supreme Court seeking to fill the gap created by the Seventeenth Amendment's ratification and protect the original federal design. Rossum argues that it is the ultimate irony of constitutional democracry that an amendment intended to promote democracy, even at the expense of federalism, has been been undermined by an activist court intent on protecting federalism, at the expense of democracy." Full Product DetailsAuthor: Ralph A. RossumPublisher: Lexington Books Imprint: Lexington Books Dimensions: Width: 16.30cm , Height: 2.50cm , Length: 23.10cm Weight: 0.662kg ISBN: 9780739102855ISBN 10: 0739102850 Pages: 312 Publication Date: 12 September 2001 Audience: College/higher education , Professional and scholarly , Undergraduate , Postgraduate, Research & Scholarly Format: Hardback Publisher's Status: Active Availability: In Print  This item will be ordered in for you from one of our suppliers. Upon receipt, we will promptly dispatch it out to you. For in store availability, please contact us. Table of ContentsReviewsDr. Rossum abundantly documents in this readable book what many have intuitively felt, that the Seventeenth Amendment was a cosmic betrayal of the Constitution. It must be repealed if limited government is ever to be restored. -- Charles E. Rice, Notre Dame Law School Ralph Rossum presents us with an arresting thesis. By providing a new perspective on the role of the courts in dealing with the recurring issues surrounding the Framers' vision of federalism, it is bound to engender debate of the highest order in the years to come. It will prove especially challenging for those of my persuasion who would like to check the growing centralization of power in Washington. -- George W. Carey, Georgetown University Raplh Rossum...offers a series of provocative theses that relate directly to federalism... Rossum writes gracefully and authoritatively. He draws on familiar principles, like the virtues of an extended commercial republic, checks and balances, and the operation of self-interests. Publius: The Journal Of Federalism Ralph Rossum's illuminating study of the Seventeenth Amendment will prompt many scholars of law and politics to rethink their understandings of the Supreme Court's role in protecting federalism. This is a timely and important book. -- Mary Ann Glendon, Harvard University Dr. Rossum abundantly documents in this readable book what many have intuitively felt, that the Seventeenth Amendment was a cosmic betrayal of the Constitution. It must be repealed if limited government is ever to be restored.--Rice, Charles E. Author InformationRalph A. Rossum is Director of the Rose Institute of State and Local Government and Professor of American Constitutionalism at Claremont McKenna College. He is author of seven books, including American Constitutional Law, (with G. Alan Tarr). Tab Content 6Author Website:Countries AvailableAll regions |
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