New Deal constitutionalism and the unshackling of the states
Article Abstract:
The standard understanding that the Supreme Court of the New Deal era transferred legislative power from the states to the federal government is mistaken. The Court expanded the regulatory and legislative power of both federal and state governments. The Court's efforts were also not limited to Congressional Commerce Clause powers but involved many state powers as well. In particular, the Court's rulings on preemption, substantive due process, state judicial power, incorporation and the dormant Commerce Clause strengthened legislative power by curbing judicial review.
Publication Name: University of Chicago Law Review
Subject: Law
ISSN: 0041-9494
Year: 1997
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We can go too far in protecting public officials
Article Abstract:
Public officials enjoy a qualified immunity for discretionary official acts, and do not even have to justify their actions unless they are in violation of clearly established law. This immunity has barred suits on judicially unsettled issues of constitutional law. Cases arose each time because government officials took discretionary action not specifically authorized by law. Each ruling stated that qualified immunity protected defendants from monetary liability or from needing to defend the legality of their actions in cases in which the law was unsettled.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1998
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