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The Erie case involved a fundamental question of federalism and the jurisdiction of federal courts in the United States. In 1789, the Congress passed a law still in effect today called the Rules of Decision Act (28 U.S.C. § 1652), which states that the laws of a state furnish the rules of decision for a federal court sitting in that state.
Federalism is a mode of government that combines a general level of government (a central or federal government) with a regional level of sub-unit governments (e.g., provinces, states, cantons, territories, etc.), while dividing the powers of governing between the two
Amalgamated Society of Engineers v Adelaide Steamship Co Ltd, commonly known as the Engineers case, [1] was a landmark decision by the High Court of Australia on 31 August 1920. The immediate issue concerned the Commonwealth's power under s 51(xxxv) of the Constitution but the court did not confine itself to that question, using the opportunity ...
In some federations the entire jurisdiction is relatively homogeneous, and each constituent state resembles a miniature version of the whole; this is known as 'congruent federalism'. On the other hand, incongruent federalism exists where different states or regions possess distinct ethnic groups.
A thorough description of a specific case and its process tracing can serve as a solid foundation for a causal explanation, but comparative federalism provides an external confirmation, which is typically viewed as very desirable. More reliable conclusions are based on hypotheses that were examined over a number of other examples. [7]
Dual federalism had a significant impact on social issues in the United States. Dred Scott v. Sanford was an example of how Taney's dual federalism helped stir up tensions eventually leading to the outbreak of the Civil War. Another example of dual federalism's social impact was in the Plessy v. Ferguson ruling. Dual federalism had set up that ...
Federalist No. 9 As first published in the Independent Journal, alongside Federalist No. 8 Author Alexander Hamilton Original title The Union as a Safeguard Against Domestic Faction and Insurrection Language English Series The Federalist Publisher Independent Journal Publication date November 21, 1787 Publication place United States Media type Newspaper Preceded by Federalist No. 8 Followed by ...
Seminole Tribe of Florida v. Florida, 517 U.S. 44 (1996), was a United States Supreme Court case which held that Article One of the U.S. Constitution did not give the United States Congress the power to abrogate the sovereign immunity of the states that is further protected under the Eleventh Amendment. [1]