Principles of Constitutional Law, Structure

This book provides an overview of federalism, the separation of powers, and constitutional structure. It covers the lawmaking powers of the national government, external constraints on congressional power, limits on state authority, structural constitutional principles, and the horizontal allocation of power across the three branches of the federal government.

Format: Paperback / softback
Length: 1037 pages
Publication date: 30 July 2022
Publisher: West Academic Publishing

This comprehensive book delves into the intricate realm of federalism, exploring the concept of power separation and its profound implications for constitutional structure. It provides a comprehensive overview of various aspects related to federalism, including:

The Lawmaking Powers of the National Government:
The book examines the extensive lawmaking powers vested in the national government, drawing from various constitutional provisions such as 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. It explores how these powers shape the legislative landscape and the scope of federal authority.

Federalism-Based External Constraints on Congressional Power:
The book explores the external constraints imposed on congressional power by the principles of federalism. It discusses the anti-commandeering principle, which prohibits the federal government from compelling states to perform certain actions, the equal sovereignty principle, which upholds the independence of states, and the principles of state-sovereign immunity, which protect states from lawsuits. These constraints serve as checks on congressional power and ensure a balanced distribution of authority.

Federalism-Based Limits on State Authority:
The book also examines the limits on state authority imposed by federalism. It discusses the dormant Commerce Clause, which grants the national government exclusive authority to regulate commerce, the Article IV Privileges and Immunities Clause, which protects states from certain federal laws, and the statutory preemption doctrine, which allows the federal government to preempt state laws in certain areas. These limits help maintain a federal system of checks and balances.

Structural Constitutional Principles Concerning Governmental Entities Other Than the States:
The book delves into the constitutional principles governing governmental entities other than the states, including Native nations, overseas territories, and the District of Columbia. It explores their unique status and the rights and responsibilities granted to them by the Constitution.

Horizontal Allocation of Power Across the Three Branches of the Federal Government:
The book examines the horizontal allocation of power across the three branches of the federal government, including 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. It highlights the delicate balance of power and the importance of checks and balances to ensure the effective functioning of the federal government.

In conclusion, this book offers a comprehensive and insightful exploration of federalism, power separation, and constitutional structure. It provides a valuable resource for scholars, policymakers, and anyone interested in understanding the complex dynamics of the American political system. By examining the lawmaking powers of the national government, the external constraints on congressional power, the limits on state authority
authority, the structural constitutional principles concerning governmental entities other than the states, and the horizontal allocation of power across the three branches of the federal government, the book sheds light on the intricate web of federalism and its impact on the governance of the United States.

Dimension: 236 x 159 (mm)
ISBN-13: 9781647082963