The Upside-Down Constitution / / Michael S. Greve.

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...

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Superior document:Title is part of eBook package: De Gruyter E-BOOK GESAMTPAKET / COMPLETE PACKAGE 2012
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Place / Publishing House:Cambridge, MA : : Harvard University Press, , [2012]
©2012
Year of Publication:2012
Language:English
Online Access:
Physical Description:1 online resource (528 p.) :; 3 graphs, 6 tables
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Other title:Frontmatter --
Contents --
Introduction --
Part one. FOUNDATIONS --
Part two. COMPETITIVE FEDERALISM --
Part three. TRANSFORMATION --
Part four. OUR FEDERALISM --
Part five. THE STATE OF OUR FEDERALISM --
Appendix: Constitutional Structure: Powers and Prohibitions --
Notes --
Acknowledgments --
Index
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.
Format:Mode of access: Internet via World Wide Web.
ISBN:9780674063228
9783110288995
9783110293715
9783110288971
9783110756067
9783110442205
DOI:10.4159/harvard.9780674063228
Access:restricted access
Hierarchical level:Monograph
Statement of Responsibility: Michael S. Greve.