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Originalism, Federalism, and the American Constitutional Enterprise: A Historical Inquiry
 
 
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Originalism, Federalism, and the American Constitutional Enterprise: A Historical Inquiry [Hardcover]

Edward A. Purcell Jr. (Author)

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Book Description

December 28, 2007

In this lively historical examination of American federalism, a leading scholar in the field refutes the widely accepted notion that the founding fathers carefully crafted a constitutional balance of power between the states and the federal government. Edward A. Purcell Jr. bases his argument on close analysis of the Constitution’s original structure and the ways that structure both induced and accommodated changes over the centuries.

 

There was no clear agreement among the founding fathers regarding the “true” nature of American federalism, Purcell contends, nor was there a consensus on “correct” lines dividing state and national authority. Furthermore, even had there been some true “original” understanding, the elastic and dynamic nature of the constitutional structure would have made it impossible for subsequent generations to maintain any “original” or permanent balance. The author traces the evolution of federalism through the centuries, focusing particularly on shifting interpretations founded on political interests. He concludes with insights into current issues of federal power and a discussion of the grounds on which legitimate decisions about federal and state power should rest.

 


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Customers buy this book with Brandeis and the Progressive Constitution: Erie, the Judicial Power, and the Politics of the Federal Courts in Twentieth-Century America $73.00

Originalism, Federalism, and the American Constitutional Enterprise: A Historical Inquiry + Brandeis and the Progressive Constitution: Erie, the Judicial Power, and the Politics of the Federal Courts in Twentieth-Century America
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Editorial Reviews

Review

“Edward A. Purcell, Jr. has written a vigorous critique, grounded in the Age of Madison, of the Rehnquist Court''s revival of constitutional federalism. It''s a learned, thoughtful book that''s great fun to read.”—Charles W. McCurdy, University of Virginia
(Charles W. McCurdy )

“Purcell’s book is an extraordinarily learned historical performance, bringing together an enormous array of secondary literature in a new way to address very topical questions concerning ''originalism'' and the vagaries of American federalism.”—Clyde S. Spillenger, Professor of Law, UCLA School of Law
 
 
 
(Clyde S. Spillenger )

About the Author

Edward A. Purcell, Jr., is Joseph Solomon Distinguished Professor, New York Law School. He is author of many books and scholarly articles, including Brandeis and the Progressive Constitution: Erie, the Judicial Power, and the Politics of Federal Courts in Twentieth-Century America (2000), published by Yale University Press, for which he received the Coif Triennial Book Award and the Triennial Griswold Prize. He lives in New York City.


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Inside This Book (learn more)
Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
three national branches, substate elements, kaleidoscopic politics, doubly blurred, constitutional enterprise, substate units, interstate politics, competitive federalism, federal structure, political safeguards, new central government
Key Phrases - Capitalized Phrases (CAPs): (learn more)
Supreme Court, Civil War, United States, World War, Rehnquist Court, New York, Woodrow Wilson, South Carolina, Tenth Amendment, Fourteenth Amendment, Philadelphia Convention, Mississippi River, Kansas City, Republican Party, James Wilson, Federalist Party, Great Lakes, New Deal, John Adams, First Congress, New England, Bill of Rights, Erie Canal, Dred Scott, Articles of Confederation
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