Federal Preemption of State and Local Law
Federal Preemption of State and Local Law

Author: James T. O'Reilly

Publisher: American Bar Association

Published: 2006

Total Pages: 252

ISBN-13: 9781590317440

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Preemption is a doctrine of American constitutional law, under which states and local governments are deprived of their power to act in a given area, whether or not the state or local law, rule or action is in direct conflict with federal law. This book covers not only the basics of preemption but also focuses on such topics as federal mechanisms for agency preemption, implied forms of preemption, and defensive use of federal preemption in civil litigation.

Public Pensions
Public Pensions

Author: Susan M. Sterett

Publisher: Cornell University Press

Published: 2018-05-31

Total Pages: 235

ISBN-13: 1501717774

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In Public Pensions, Susan M. Sterett traces the legal and constitutional structures underlying early social welfare programs in the United States. Sterett explains the status of state and local government payments for public servants and the poor from the mid-nineteenth century until the Great Depression. The most visible public payments for service in the United States were directed to soldiers, who risked death for the nation. However, firemen, not soldiers, first captured local governments— attention; social welfare programs for soldiers were modeled on firemen's pensions. The dangerous work of firefighting and of combat provided the fundamental legal analogy for courts as governments expanded pensions in the late nineteenth and early twentieth centuries. Nothing about the state court doctrine approving payments for dangerous, local service would allow pensions for indigent mothers and for the elderly, which states began to consider after 1910. Counties and railroads that objected to the new taxes could fight programs based on the old doctrine, established for firefighters, soldiers, and finally civil servants. State litigation provided one of the many grounds for contesting expanded welfare states in the early twentieth-century United States. Sterett demonstrates that state courts maintained a gendered division between the service that marked citizenship and the dependence that marked indigence, even during the promising ferment of the early twentieth century.

Keeping Faith with the Constitution
Keeping Faith with the Constitution

Author: Goodwin Liu

Publisher: Oxford University Press

Published: 2010-08-05

Total Pages: 274

ISBN-13: 0199752834

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Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.