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States Rights? What States’ Rights?: Implying Limitations On The Federal Government From The Overall Design., Calvin H. Johnson
States Rights? What States’ Rights?: Implying Limitations On The Federal Government From The Overall Design., Calvin H. Johnson
Calvin H. Johnson
States Rights? What States’ Rights? Implying Limitations on the Federal Government from the Overall Design.
Calvin H. Johnson, University of Texas
Abstract.
In recent years, the Supreme Court has been finding restrictions on the federal government in favor of the states on the basis of the overall design of the Constitution, but not resting on any specific text. The historical Constitution, however, overall was a nationalizing weapon directed against the states, written to empower an imbecilic and impotent confederation-level government, and to end the supremacy of the states. If one is going use the grand design of the historical Constitution …