Note: Supplemental materials are not guaranteed with Rental or Used book purchases.
Purchase Benefits
What is included with this book?
Acknowledgements | p. ix |
Contributors | p. xi |
Dual Enforcement of Constitutional Norms | p. 1 |
Introduction | p. 1 |
The Jurisprudence of American Subnational Constitutional Law | p. 2 |
States as Dynamic Subnational Institutions within a Federalism Framework | p. 5 |
The Generation and Enforcement of Constitutional Norms in a Dual Agent Federalism | p. 7 |
The Approach of This Volume | p. 11 |
Cool Federalism and the Life Cycle of Moral Progress | p. 15 |
Introduction: Hot and Cool Federalism | p. 15 |
The Life Cycle of Moral Progress in American Politics | p. 16 |
What Regime of Federal Authority Follows? | p. 19 |
Conclusion: Breathing Room | p. 23 |
ôStates of the Same Natureö: Bounded Variation in Subfederal Constitutionalism | p. 25 |
Introduction | p. 25 |
Convergence and Divergence at the Founding | p. 27 |
How much Constitutional Variation? | p. 30 |
How much Interpretive Variation? | p. 33 |
Turnabout | p. 35 |
Conclusion | p. 38 |
Why Federalism and Constitutional Positivism Don't Mix | p. 39 |
Introduction | p. 39 |
Constitutional Positivism | p. 42 |
Federalism and Subnational Units: Whose Constitution Is It? | p. 45 |
Implications for Interpretation | p. 50 |
Complications | p. 53 |
Conclusion | p. 58 |
State Constitutionalism and the Scope of Judicial Review | p. 61 |
Introduction | p. 61 |
State Constitutions and the Dilemmas of Governance | p. 62 |
Optimal (Optimizing?) Judicial Review | p. 66 |
Scope of Constitutional Review Revisited | p. 70 |
Conclusion | p. 80 |
Same-Sex Marriage and the New Judicial Federalism: Why State Courts Should Not Consider Out-of-State Backlash | p. 81 |
Introduction | p. 81 |
Positive Political Theory and the New Judicial Federalism | p. 83 |
The New Judicial Federalism and Same-Sex Marriage | p. 88 |
Conclusion | p. 102 |
Interjurisdictional Enforcement of Rights in a Post-Erie World | p. 103 |
Introduction | p. 103 |
Federalism as Polyphony | p. 106 |
Intersystemic Adjudication in the United States | p. 108 |
The Values and Counter-Values of Intersystemic Adjudication | p. 111 |
Legitimacy of Intersystemic Adjudication | p. 117 |
Rights and Remedies in an Imperfect World | p. 123 |
Dual Constitutions and Constitutional Duels | p. 127 |
Introduction | p. 127 |
Duels Between Federal Regulatory Goals and State Constitutions in Cooperative Federalism Programs | p. 130 |
Interpretive Efforts to Retain the Relevance of State Constitutions against the Backdrop of Federal Programs | p. 134 |
A Solution from within: Seeds for an Interpretive Theory of Separation of Powers for Systems of Dual Constitutions | p. 142 |
Conclusion | p. 150 |
State Common Law and the Dual Enforcement of Constitutional Norms | p. 151 |
Introduction | p. 151 |
Framing the Extension of Constitutional Norms to Private Conduct | p. 153 |
Implications for Federalism, Sovereignty, and Judicial Practice | p. 163 |
Common Law as a Modality for Constitutional Development | p. 168 |
Conclusion | p. 171 |
Index | p. 173 |
Table of Contents provided by Ingram. All Rights Reserved. |
The New copy of this book will include any supplemental materials advertised. Please check the title of the book to determine if it should include any access cards, study guides, lab manuals, CDs, etc.
The Used, Rental and eBook copies of this book are not guaranteed to include any supplemental materials. Typically, only the book itself is included. This is true even if the title states it includes any access cards, study guides, lab manuals, CDs, etc.