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Articles 1 - 2 of 2
Full-Text Articles in Legal History
Book Review Of J. Finlay, The Community Of The College Of Justice: Edinburgh And The Court Of Session, 1687-1808 (2012), William Hamilton Bryson
Book Review Of J. Finlay, The Community Of The College Of Justice: Edinburgh And The Court Of Session, 1687-1808 (2012), William Hamilton Bryson
Law Faculty Publications
Book Review of J. Finlay, The Community of the College of Justice: Edinburgh and the Court of Session, 1687-1808 (2012).
Commandeering And Constitutional Change, Jud Campbell
Commandeering And Constitutional Change, Jud Campbell
Law Faculty Publications
Coming in the midst of the Rehnquist Court’s federalism revolution, Printz v. United States held that federal commandeering of state executive officers is “fundamentally incompatible with our constitutional system of dual sovereignty.” The Printz majority’s discussion of historical evidence, however, inverted Founding-era perspectives. When Federalists such as Alexander Hamilton endorsed commandeering during the ratification debates, they were not seeking to expand federal power. Quite the opposite. The Federalists capitulated to states’ rights advocates who had recently rejected a continental impost tax because Hamilton, among others, insisted on hiring federal collectors rather than commandeering state collectors. The commandeering power, it turns …