Federalism, State Sovereignty and the Constitution: Basis and Limits of Congressional Power

Abstract

The ratification of the Constitution, to a significant extent, defined the lines of authority between the state and federal governments. Over recent years, the Supreme Court has decided a number of cases which address this historical relationship. This report discusses state and federal legislative power generally and focuses on a number of these "federalism" cases. Issues addressed include congressional power under the Commerce Clause and the Fourteenth Amendment; constitutional limits on congressional powers, such as the Tenth Amendments; and state sovereign immunity under the Eleventh Amendment. The report does not, however, address the much larger policy issue of when it is appropriate - as opposed to constitutionality permissible - for federal powers to be exercised.

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Document Details

Document Type
Technical Report
Publication Date
Jun 17, 2005
Accession Number
ADA465453

Entities

People

  • Kenneth R. Thomas

Organizations

  • Library of Congress

Tags

Communities of Interest

  • Biomedical
  • Energy and Power Technologies

DTIC Thesaurus Topics

  • Commerce
  • Congress
  • Discrimination
  • Employment
  • Federal Law
  • Governments
  • Judicial Branch
  • Judicial Process
  • Judiciary
  • Law
  • National Governments
  • South Carolina
  • State Governments
  • Supreme Court
  • United States
  • United States Government
  • Voting Rights

Fields of Study

  • Law
  • Political science

Readers

  • Government and Public Administration Law.
  • Military History of the United States in the 20th Century.