Despite having the final word on many policy issues, state supreme courts have received much less scholarly attention than the United States Supreme Court. Examining these often neglected institutions, this book demonstrates that by increasing our knowledge of the behavior of state supreme court jud
Comparative Federalism: A Study in Judicial Interpretation
β Scribed by Victor S. Mackinnon M.A., LLB. (Glasgow,) LL M., S.J.D. (Harvard) (auth.)
- Publisher
- Springer Netherlands
- Year
- 1964
- Tongue
- English
- Leaves
- 211
- Edition
- 1
- Category
- Library
No coin nor oath required. For personal study only.
β¦ Synopsis
Modem societies, - like organized societies of all eras, - suffer from antithetical aspirations, from competing institutionalizations of that which is desirable, and that which, though unwelcome, is inevitable. Men clearly see the advantages of localism, of the self determination of small peoples, of l' amour du chocher uninhibited by imperial sovereignΒ ty. At the same time men everywhere are seeing the clear necessity of bigness in organization of national effort. When the question is military organization no one has much doubt that strength derives from powerΒ ful union. The Swiss, to be sure, have continued independent not because of their power, but because of the convenience of their inΒ dependent existence. In a world-society of titans, there must be members who are small, respected, independent and unfeared, available to be intermediaries. If Switzerland did not exist, it would have been necessary to invent her. But the power centers are those with the big battalions and the megatons of bombs; both demand great aggregates. Tomorrow's military power structure is calculated in the hundreds of millions of people. The world will afford only a few Switzerlands. The drive toward bigness is as inevitable in the economic world as in that of destructive machines. Economic problems in the next century, and in the next after it, will require the concentrated reΒ sources of the nations; we must produce adequate food for the billions, or else billions will war against billions.
β¦ Table of Contents
Front Matter....Pages N3-XXVII
Front Matter....Pages 1-1
The Definition of Interstate Commerce....Pages 3-8
Regulation? β or Prohibition?....Pages 9-21
Inter-State or Intra-State? Where Does Interstate Commerce Begin and End?....Pages 22-35
Regulation? β or Discrimination?....Pages 36-45
The Regulation of Particular Kinds of Interstate Commerce....Pages 46-80
Front Matter....Pages 81-81
The Definition of Taxation....Pages 83-85
Taxation? β or Regulation?....Pages 86-99
Direct Taxation? β or Indirect Taxation?....Pages 100-119
Front Matter....Pages 121-121
Implication and Inference....Pages 123-135
Incidental, Ancillary, and Necessary and Proper....Pages 136-146
Aspect, Pith and Substance, and True Nature and Character....Pages 147-155
Inconsistency, Trenching, and Supremacy....Pages 156-167
Front Matter....Pages 169-169
Purpose and Effect....Pages 171-180
Back Matter....Pages 181-188
β¦ Subjects
Economics/Management Science, general
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