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When the Congress seeks to establish federal legislation which governs the behavior of citizens, the Congress is free to choose among three judicial enforcement paradigms. It may open both federal or state courts to enforcement of that right, by specifically providing concurrent jurisdiction in the federal courts.
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 ...
Sebelius (2012) that Congress conditioning a state's receipt of the entirety of its federal Medicaid funds on whether said state elected to expand its Medicaid program in accordance with the Patient Protection and Affordable Care Act was an unconstitutionally coercive use of Congress's spending power.
The Tenth Amendment (Amendment X) to the United States Constitution, a part of the Bill of Rights, was ratified on December 15, 1791. [1] It expresses the principle of federalism, whereby the federal government and the individual states share power, by mutual agreement, with the federal government having the supremacy.
Germany and the European Union present the only examples of federalism in the world where members of the federal "upper houses" (the German Bundesrat, i.e. the Federal Council; and the European Council) are neither elected nor appointed but comprise members or delegates of the governments of their constituents. The United States had a similar ...
New Federalism is a political philosophy of devolution, or the transfer of certain powers from the United States federal government back to the states.The primary objective of New Federalism, unlike that of the eighteenth-century political philosophy of Federalism, is the restoration of some of the autonomy and power, which individual states had lost to the federal government as a result of ...
It defines coercive control as a pattern of behavior intended to threaten, intimidate, harass, isolate, control, coerce or compel compliance and causes the victim to reasonably fear physical harm ...
The United States Constitution and its amendments comprise hundreds of clauses which outline the functioning of the United States Federal Government, the political relationship between the states and the national government, and affect how the United States federal court system interprets the law.