Federalism and the Commerce Clause, 1937-1947

Fellman, David

doi:10.2307/2125822

Cited by 3 publications

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“…Formally, the US dual federalism emerges from the Tenth Amendment to the US Constitution, whereby the national government is supreme only to the point where reserved state power is invaded. The Tenth Amendment thus arguably constitutes a judicially enforceable limitation on the Supremacy Clause (Fellman 1948), giving rise to active tension between federal authority and states' rights that are as unthinkable in a European context as they are relevant for US federalism debates today (e.g. in the medical marijuana laws or national health care legislation).…”

Section: Discussionmentioning

confidence: 99%

Planning, Law, and Property Rights: A US–European Cross-national Contemplation

Norton

Bieri

2014

International Planning Studies

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Globalization today encompasses multinational dialogues on the appropriate role for planning in mediating relationships between individual and community, state and citizen, government and market, and people and property. Yet confusion persists as speakers from one country attempt to convey concepts different from what listeners from another country hear. This paper provides a cross-national contemplation on the sources of that confusion, comparing the USA to Western Continental Europe, primarily Germany. Americans and Europeans engage fundamentally different worldviews in promoting progress while reconciling harms, stemming from different philosophical traditions that can be broadly characterized as a Millian versus a Hegelian liberalism, respectively.

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Section: Discussionmentioning

confidence: 99%

Planning, Law, and Property Rights: A US–European Cross-national Contemplation

Norton

Bieri

2014

International Planning Studies

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“…8 8 Fellman notes that the Court was “firmly committed” to the principle that states' rights to regulate the distribution of liquor into their borders were “not limited by the commerce clause” (1948, 162–63). …”

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confidence: 99%