The power to legislate : a reference guide to the United States Constitution /
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Author / Creator: | Levy, Richard E., 1956- |
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Imprint: | Westport, Conn. : Praeger, 2006. |
Description: | xiv, 220 p. ; 24 cm. |
Language: | English |
Series: | Reference guides to the United States Constitution, 1539-8986 ; no. 17 |
Subject: | United States. -- Congress -- Powers and duties. United States. -- Congress -- Powers and duties -- History. United States. -- Congress. Constitutional law -- United States. Constitutional law. Legislative power. United States. History. |
Format: | Print Book |
URL for this record: | http://pi.lib.uchicago.edu/1001/cat/bib/6115545 |
Table of Contents:
- Series Foreword
- Foreword
- Acknowledgments
- Introduction: Triangulating the Federal Legislative Power
- The "Other" Powers of Congress
- In Search of the Federal Legislative Power
- Notes
- Part I. History of the Federal Legislative Power
- The Constitutional Transformation of Congress
- Congress Under the Articles of Confederation
- Congress Under the Constitution
- Conclusion
- Federal Legislative Power in the Constitutional Order
- The Bank Controversy and the Meaning of the Necessary and Proper Clause
- Legislative Delegation
- Internal Operations of Congress and Inherent Legislative Authority
- The Antebellum Era
- Dual Sovereignty Theory and Mutual Exclusivity
- Inherent Legislative Powers
- Constraints on the Deliberative Powers
- Conclusion
- The Civil War and Reconstruction
- Secession and the Sovereignty of States
- Reconstruction and Federal Power
- Dual Sovereignty and the Scope of the Reconstruction Amendments
- Laissez Faire Constitutionalism and Federal Legislative Power
- Restricting the Scope of Legislative Power
- Legislative Delegations
- Deliberative Powers and Laissez Faire Constitutionalism
- The New Deal Crisis and the Demise of Laissez Faire Constitutionalism
- Reserved Powers, Nondelegation, and the New Deal
- The Switch in Time That Saved Nine
- Federal Legislative Power as Plenary
- Structural Limits in the Era of Plenary Federal Legislative Power
- Conclusion
- The "New" Federalism and the Future of Federal Legislative Power
- The New Federalism and Federal Legislative Power
- The No-Commandeering Rule
- State Sovereign Immunity
- Legislative Delegations and the Rehnquist Court
- The State of Federal Legislative Power
- Notes
- Part II. Analysis of the Federal Legislative Power
- Collective Action and the Federal Legislative Power
- The Dynamics of Collective Action
- Government as Collective Action
- The Legislative Power in Collective Action Perspective
- Collective Action Among States
- Federalism and the Dual Collective
- Implications for the Federal Legislative Power
- Necessary and Proper Laws
- The McCulloch Test and the Enumerated Powers
- Overarching Questions
- Ends
- Appropriate Means
- Prohibited Means
- Necessary and Proper Laws and the Federal Legislative Power
- Legislative Delegation
- Delegation and Separation of Powers
- The Intelligible Principle Test
- Factors Affecting the Intelligible Principle Test
- The Nondelegation Doctrine and the Federal Legislative Power
- Deliberative Powers
- Deliberative Powers and the Deliberative Process
- Deliberative Powers in Collective Action Perspective
- Intrinsic Limits on Deliberative Powers
- External Limitations
- Institutional Prerogatives and the Limits of Deliberative Powers
- Notes
- Conclusion
- Bibliographic Essay
- Table of Cases
- Index