(DOWNLOAD) "Collective Action Federalism: A General Theory of Article I, Section 8." by Stanford Law School " Book PDF Kindle ePub Free
eBook details
- Title: Collective Action Federalism: A General Theory of Article I, Section 8.
- Author : Stanford Law School
- Release Date : January 01, 2010
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 459 KB
Description
INTRODUCTION Under the Articles of Confederation, Congress lacked the power to protect the states from military warfare waged by foreigners and from commercial warfare waged by one another. The states proved unable to solve these difficulties on their own. They acted individually when they needed to act collectively, and the Framers of the United States Constitution concluded that the states cannot reliably achieve an end when doing so requires two or more of them to cooperate. The solution lay with the establishment of a more comprehensive unit of government--a national government with the authority to tax, raise and support a military, regulate interstate and international commerce, and act directly on individuals. The Constitutional Convention thus instructed the midsummer Committee of Detail that Congress would possess the power "to legislate in all Cases for the general Interests of the Union, and also in those Cases to which the States are separately incompetent, or in which the Harmony of the United States may be interrupted by the Exercise of individual Legislation." (2) The Committee subsequently produced Article I, Section 8.
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