Principles of Constitutional Structure
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This book offers an overview of federalism, the separation of powers, and related matters of constitutional structure. It covers such topics as: the lawmaking powers of the national government (including those powers conferred by the Commerce Clause, the Taxing and Spending Clause, the Necessary and Proper Clause, the Enforcement Clauses of the Reconstruction Amendments, and other sources of federal legislative authority); federalism-based "external" constraints on congressional power (including those provided by the anti-commandeering principle, the "equal sovereignty" principle, and principles of state-sovereign immunity); federalism-based limits on state authority (including those imposed by the dormant Commerce Clause, the Article IV Privileges and Immunities Clause, and statutory preemption doctrine); structural constitutional principles concerning governmental entities other than the states (including Native nations, overseas territories, and the District of Columbia); and the horizontal allocation of power across the three branches of the federal government (including with respect to foreign and military affairs, the federal administrative state, the appointment and removal of executive-branch officials, impeachment, presidential and legislative immunities from judicial process, and the powers of the federal courts).
Table of Contents
Preface: An Introduction to the Law of Constitutional Structure
1. The Building Blocks of Constitutional Federalism
2. The Commerce Power Through 1936: The Quest for Limiting Principles
3. The Commerce Power from 1937 Through 1994: The Roosevelt-Era Revolution and Beyond
4. The Commerce Power After 1994: The Rehnquist and Roberts Courts' Revival of Constitutional Limits
5. Federalism-Based External Constraints on the Commerce Power
6. The Necessary and Proper Clause
7. The Taxing Power
8. The Spending Power
9. Congressional Power over Federal Elections
10. Other Grants of Congressional Power Under the Original Constitution
11. The Fourteenth and Fifteenth Amendment Enforcement Powers
12. The Thirteenth Amendment Enforcement Power
13. External Limits on Non-Commerce Powers
14. Rules of Proceedings and Congressional Investigatory Powers
15. Union-Protecting Limits on State Lawmaking Power
16. The Dormant Commerce Clause Doctrine: Its Origins, Purposes, and Structure
17. Discrimination Against Interstate Commerce
18. Facially Neutral Laws and the Pike Balancing Test
19. The Dormancy-Doctrine Extraterritoriality Rule
20. Exceptions to the Dormant Commerce Clause Principle
21. The Dormancy Doctrine and State Tax Laws
22. The Dormant Foreign Commerce Clause
23. The Privileges and Immunities Clause
24. The Supremacy Clause and Federal Preemption Doctrine
25. Other Governmental Entities: Native Nations, U.S. Territories, and the District of Columbia
26. The Separation of Powers and the Powers of the President
27. International Relations and the Separation of Powers
28. War and Military Affairs
29. Congress and the Administrative State
30. The Appointment Power
31. The Removal Power
32. Constitutional Mechanisms for Confronting Official Misconduct, Presidential Inability, and Past Participation in Insurrection
33. Presidential and Legislative Immunities from Investigation, Litigation, and Prosecution
34. The Power of Judicial Review
35. The Case-or-Controversy Requirement of Article III
Appendix. The Constitution of the U.S.
ISBN
9781647082963
Publication Date
8-1-2022
Publisher
West Academic Publishing
City
Saint Paul, MN
Keywords
constitutional law, interstate commerce, federalism, separation of powers
Disciplines
Constitutional Law
Repository Citation
Coenen, Dan T. and Coenen, Michael, "Principles of Constitutional Structure" (2022). Books. 163.
https://digitalcommons.law.uga.edu/books/163