The Role of State Supreme Courts in the New Judicial Federalism

By Susan P. Fino | Go to book overview

view. While the operation of the Supremacy Clause should prevent serious local erosion of civil rights and liberties, the creation of an independent body of state law may promote a provincialism which is anachronistic in an era of instantaneous telecommunications and space travel.


NOTES
1.
For a summary of the various approaches to the study of public law see: Sheldon Charles H. 1974. The American Judicial Process: Models and Approaches. New York: Dodd, Mead and Company.
2.
Examples of empirical studies of the outcomes and effects of United States Supreme Court decisions may be found in the following collection: Becker Theodore L., and Malcolm M. Feeley, eds. 1973. The Impact of Supreme Court Decisions. New York: Oxford University Press.
3.
See, for example: Horowitz Donald L. 1977. The Courts and Social Policy. Washington, D.C.: The Brookings Institution.
4.
The Darby decision concerned a Georgia lumber manufacturer's challenge to provisions of the Fair Labor Standards Act of 1938. Darby contended that the regulation by Congress of a local activity such as the manufacture of lumber was an unconstitutional extension of the Commerce Power into areas preserved for state regulation by the Tenth Amendment. The Supreme Court, speaking through Justice Stone, rejected Darby's arguments and upheld the act.

The "nationalization" of the Bill of Rights refers to the gradual application of provisions of the first eight amendments of the Constitution to the states as a requirement of the "due process of law" guaranteed by the Fourteenth Amendment. The Bill of Rights was originally understood to apply only to the federal government. See: Barron v. Mayor and City Council of Baltimore, 32 U.S. (7 Pet.) 243, 8 L.Ed. 672 ( 1833).

5.
The National League of Cities case involved a challenge to 1974 amendments to the Fair Labor Standards Act which extended coverage of the act to certain classes of state and municipal employees. A plurality of the Supreme Court, speaking through Justice Rehnquist, held that a newly revitalized Tenth Amendment prohibited congressional regulations of states in their capacities as units of government. However, National League of Cities has since been overruled in a five-four decision of the Court in Garcia v. San Antonio Metropolitan Transit Authority, 469 U.S. 528, 105 S.Ct. 1005, 83 L.Ed.2d 1016 ( 1985). Justice Rehnquist remains confident that his views announced in National League of Cities "will . . . in time again command the support of a majority of this Court."

-23-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
The Role of State Supreme Courts in the New Judicial Federalism
Table of contents

Table of contents

  • Recent Titles in Contributions in Legal Studies ii
  • Title Page iii
  • Contents vii
  • Figures and Tables ix
  • Preface xi
  • 1. a Model of Supreme Court Performance 1
  • Notes 23
  • 2. Institutional Characteristics of State Supreme Courts 25
  • Notes 46
  • 3. the Justices 49
  • Notes 64
  • 4. the Work of Six Supreme Courts 65
  • Notes 85
  • 5. a Closer Look at Six Courts 87
  • Notes 109
  • 6. Conclusions 111
  • Note 118
  • Appendix 119
  • Bibliography 143
  • Index to Cases 147
  • Subject Index 149
  • About the Author 155
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
/ 164

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Author Advanced search

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.