Sentences with phrase «of federalism»

It eliminates all predictability as to where companies may be sued, and such uncertainty also strains defendants» budgets, burdens interstate commerce by exerting upward pressure on consumer prices, and erodes core principles of federalism as courts in certain states interfere with the regulatory affairs of other states.

Do you have a reference that supports your contention that there was a dearth and then revival of federalism in SCOTUS Cases?

According to him, in order for Nigeria to achieve true federalism, a unique system of federalism which takes into account our local circumstances should be created.

In Anderson v. Department of Natural Resources, 2001 WI 19 (March 23, 2011), the Wisconsin Supreme Court relied on concepts of federalism to decide the DNR's authority to overrule the EPA's application of the federal Clean Water Act.

Contrary to a postulate shared by several Europeanists, European federalism should not be different in nature from classical forms of federalism developed at the national level.

A: One of the things the court makes clear is that when it's determining issues of federalism, it's really looking at what does the Constitution permit and what does it prohibit, and they're not looking at the underlying policy — whether it's good policy, bad policy, whether it's popular, unpopular.

It is based on the discredited «watertight compartments» theory of federalism where the federal and provincial governments exercise their legislative powers without regard for each other's interests.

My first year in graduate school, I proposed an arid theoretical treatment of federalism as a presentation topic for her seminar on intergovernmental relations.

Between the mid-1930s and late 1980s / mid - 1990 s the Supreme Court didn't invalidate any acts by Congress during the era of New Deal Federalism, but under the Rehnquist Court a revival of Federalism occurred in the US.

But it should be taken seriously only when accepted for what it is: an attempt to secure a new kind of federalism in Britain.

Our particular view of federalism is disciplined by the laws of economics and empirical experience, a perspective known as fiscal federalism.

A couple of years ago, at the last meeting Peter attended, he listened to a presentation on the dire state of federalism in the United States.

It's a fundamental tenet of federalism that a state's powers are limited to its own state and citizens.

«The Canadian government tabled a budget that attacks Quebec's interests head on and flouts the very idea of federalism,» he said.

Jeffrey Rosen, in this great tradition, thinks in THE NEW REPUBLIC that the Court will probably overturn the DOMA on grounds of federalism limiting the power of Congress.

Understanding of Federalism in U.S. justice system — distinction between state and federal court systems; civil and criminal lawsuits

These calls for the delegation of overlapping, autonomous, and ill - defined powers to localities and regions bear only the vaguest resemblance to types of federalism that exist in the United States, Germany, or India.

Yet, the proponents of federalism wish to decide taxes and budgets at the provincial level — a sure recipe for gridlock.

However, the full adoption of federalism would entail the end of the notion of Parliament as a «sovereign» body, since it — like all other institutions — would be subject to the constitution, as interpreted by the UK Supreme Court.

With that in mind, the course begins with a civics review, especially the complicated politics of federalism, then moves on to a history lesson in federal education legislation since the Elementary and Secondary Education Act of 1965, and finally to an overview of the actual policy mechanisms through which the federal government enforces and implements the law.

Much has been written and studied regarding choice in education — on charter schools, vouchers, choice among district schools, and much more — but the idea, so powerful in our economy and in other enterprises, including higher education, has rarely been examined in the context of federalism and the appropriate roles of Washington and lower levels of government.

This feature of federalism is what brought Massachusetts, Indiana, California and several other states to have the outstanding curriculum - content standards that they had before the Common Core.

Or do continuing divisions on the nature of federalism such as the debate between competitive and cooperative federalism make this an unpromising alliance?»

While DeVos acknowledged that not every state will choose to implement programs that give parents the most choices, she noted that the federal government will encourage such programs, and she emphasized the value of federalism, regardless of what states choose to do in the realm of education policy.

Now, we might ask whether the Blaine amendments are simply another example of federalism at work.

Whether that kind of federalism works in states made up of different peoples or nations is a question that has naturally been examined by scholars The most refined analyses and the most accurate answers (Requejo 2009; Parent 2011; Gagnon 2011; Requejo and Caminal 2011; Burgess 2012) were provided by academics after studying national conflicts in federal democracies (Canada, Belgium) or almost federal ones (UK, Spain, Italy).

In the name of «a flexible approach tailored to the modern conception of federalism, which allows for some overlapping and favours a spirit of co?operation» (at para 93) and an approach that is consistent with the presumption of validity, Justice Gascon clearly favoured a more deferential and «delicate» approach to the assessment of pith and substance than did the majority.

Ryan's cleverest twist is an effort to justify his interpretation of federalism via the church's «principle of subsidiarity,» which says it is wrong «to assign to a greater and higher association what lesser and subordinate organizations can do.»

On the one hand, the ruling seems to turn on the fact that some states have recognized same - sex marriage as valid, and that some «tradition» of federalism requires the federal government to conform itself to whatever the states say about marriage.

On the other hand — perhaps because nothing really in the Constitution establishes such a norm of federalism for courts to enforce.

Marius» research focus is on the legitimacy of political institutions, and my current project is exploring new models of federalism and community identification.

Even centralised federal systems do this under the idea of «cycles of federalism».

To answer this question, two aspects should be considered: 1) the potential of federalism as a solution to the specific problems linked to national pluralism; and 2) the viability of federal reform in Spain.

One of the central questions in the years to come will be how to break up English politics so that its population size does not imbalance Wales and Scotland in a union which will inevitably go down the road of federalism.

The Scottish Liberal Democrats were committed to an overarching principle of federalism throughout the United Kingdom, with the Scottish Labour Party advocating legislative devolution for Scotland and Wales, as had been attempted unsuccessfully in the late 1970s, the Scottish National Party seeking independence.

What SCOTUS cases were harbingers of this revival of federalism by the Rehnquist Court?

This question should be expanded to include the role of federalism and states right's generally as beneficial to liberty, self - governance and limited government that put important checks on potentially despotic and far away central governments.

On his part, Rep. Nicholas Ossai (Delta - PDP) said that the success of the bill would lead to the collapse of federalism in Nigeria.

He said, «It is therefore not out of place for any or all segments to come up with ideas that they believe will strengthen the structures of our federalism with a view to restructuring it in such a way that it serves all of us and not just some of us.

At the same time, his story fits neatly into another master narrative, one about the decline of federalism in the United States.

While adopting a more accommodating approach to the First Amendment than its predecessor, the Rehnquist Court has also shown a strong sympathy for state prerogatives on matters of federalism.

What the Court does to resolve the inevitable clash between these claims and its notion of federalism remains to be seen.

Students create a living graph showing the level of federalism under Obama and Bush.

I think that would be an unfortunate use of federal power, but it's hard to see how those who fear what Trump appointees might do can suddenly discover the virtues of federalism or executive restraint.

Jennings thinks he is being respectful of federalism when he concedes that «a state should be able to choose to apply for the United for Students grant or not,» but he doesn't seem to grasp that this is the equivalent of saying that states could choose to pay taxes for large programs that other states would get and they would not.

Yes, four long years ago, Checker Finn and I were still wedded to the «tight - loose» formula of federalism in education: Uncle Sam should be tighter on the outcomes expected from our schools but much looser on how states and districts achieve those ends.