Marshall DeRosa – författare
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The Ninth Amendment holds that every right not explicitly granted to the federal government by the Constitution belongs to the states or to the individual. Further, those rights held by the government should not be construed to deny or disparage other rights held by the people. As in other areas of contention between federal power and states'' rights, the Ninth Amendment has become subject to activist Supreme Court interpretation whereby the traditional model of federalism, in which states had meaningful public policy prerogatives, has given way to a model in which states become mere extensions of the U. S. government.
In this volume, Marshall DeRosa provides a thorough analysis of Supreme Court unenumerated rights policy and offers suggestions toward reestablishing American federalism as envisioned by the framers of the Constitution. The book opens with a review and analysis of current debates over Ninth Amendment rights and then utilizes the privileges and immunities clauses as demonstrative of the traditional relationship between the states'' police powers and unenumerated fundamental rights. DeRosa then considers the critical role of academia in shifting public policy away from popular control and toward the judiciary. Later chapters include national and state case studies as instances of judicial creativity, an examination of the effects of Ninth Amendment jurisprudence on the Second Amendment as it bears on the gun control debate, and a comparative analysis of contrasting theories on the status of unenumerated rights. In his conclusion DeRosa offers some prescriptive thoughts on how to restore the original constitutional concept of popular consent as a remedy to an increasingly unaccountable federal judiciary.
By restoring the Ninth Amendment to the context of American federalism, this volume constitutes a major contribution to contemporary scholarship, challenging a corpus of commentary that either ignores, misunderstands, or misrepresents the relevance of popular control in the articulation of unenumerated rights. The Ninth Amendment and the Politics of Creative Jurisprudence will be of interest to political scientists, historians, legal theorists, and political practitioners.
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The Ninth Amendment holds that every right not explicitly granted to the federal government by the Constitution belongs to the states or to the individual. Further, those rights held by the government should not be construed to deny or disparage other rights held by the people. As in other areas of contention between federal power and states'' rights, the Ninth Amendment has become subject to activist Supreme Court interpretation whereby the traditional model of federalism, in which states had meaningful public policy prerogatives, has given way to a model in which states become mere extensions of the U. S. government.
In this volume, Marshall DeRosa provides a thorough analysis of Supreme Court unenumerated rights policy and offers suggestions toward reestablishing American federalism as envisioned by the framers of the Constitution. The book opens with a review and analysis of current debates over Ninth Amendment rights and then utilizes the privileges and immunities clauses as demonstrative of the traditional relationship between the states'' police powers and unenumerated fundamental rights. DeRosa then considers the critical role of academia in shifting public policy away from popular control and toward the judiciary. Later chapters include national and state case studies as instances of judicial creativity, an examination of the effects of Ninth Amendment jurisprudence on the Second Amendment as it bears on the gun control debate, and a comparative analysis of contrasting theories on the status of unenumerated rights. In his conclusion DeRosa offers some prescriptive thoughts on how to restore the original constitutional concept of popular consent as a remedy to an increasingly unaccountable federal judiciary.
By restoring the Ninth Amendment to the context of American federalism, this volume constitutes a major contribution to contemporary scholarship, challenging a corpus of commentary that either ignores, misunderstands, or misrepresents the relevance of popular control in the articulation of unenumerated rights. The Ninth Amendment and the Politics of Creative Jurisprudence will be of interest to political scientists, historians, legal theorists, and political practitioners.
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The Opening of the Cybernetic Frontier is the third in-J. stallment in the Cities of the Prairie project. It completes an ongoing multi-generational, comparative study of ten medium-sized communities located in five Prairie and Plains states - Illinois, Iowa, Minnesota, Wisconsin, and Colorado. This long-term study was initiated by Daniel J. Elazar in 1959 to develop a comprehensive theory explaining and forecasting the development of the civil community based upon the changing relationship between internal developments and external factors.In this new volume, Elazar and his colleagues trace developments in these communities during the 1980s and 1990s. The study examines how local communities function politically, socially, and economically, and then analyzes the impact that regional, national, and international trends and patterns have on local political systems in general and the cities of the prairie in particular. It revisits these communities at the dawning of a new frontier, the city-cybernetic frontier, which is characterized by a knowledge-intensive economic base made possible by computer and communication technologies. Changing technology has accelerated the settlement patterns that emerged after World War II. Ongoing population sprawl means that individuals are leaving the suburbs to live in the exurbs and beyond, creating a citybelt phenomenon that relies upon new technologies.
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The Opening of the Cybernetic Frontier is the third in-J. stallment in the Cities of the Prairie project. It completes an ongoing multi-generational, comparative study of ten medium-sized communities located in five Prairie and Plains states - Illinois, Iowa, Minnesota, Wisconsin, and Colorado. This long-term study was initiated by Daniel J. Elazar in 1959 to develop a comprehensive theory explaining and forecasting the development of the civil community based upon the changing relationship between internal developments and external factors.In this new volume, Elazar and his colleagues trace developments in these communities during the 1980s and 1990s. The study examines how local communities function politically, socially, and economically, and then analyzes the impact that regional, national, and international trends and patterns have on local political systems in general and the cities of the prairie in particular. It revisits these communities at the dawning of a new frontier, the city-cybernetic frontier, which is characterized by a knowledge-intensive economic base made possible by computer and communication technologies. Changing technology has accelerated the settlement patterns that emerged after World War II. Ongoing population sprawl means that individuals are leaving the suburbs to live in the exurbs and beyond, creating a citybelt phenomenon that relies upon new technologies.
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