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  • 标题:Federal Supremacy and State Sovereignty: The Supreme Court's Early Jurisprudence
  • 本地全文:下载
  • 作者:Richard Lieb
  • 期刊名称:American Bankruptcy Institute Law Review
  • 印刷版ISSN:1068-0861
  • 出版年度:2007
  • 卷号:15
  • 期号:1
  • 出版社:School of Law
  • 摘要:Here we are, over 200 years after the Constitution was promulgated, faced with debate among the Justices over whether the States are subject to enforcement of federal law in the federal courts, or even in their own courts.1 The issue is not new. It has its roots in the early political, economic and social history of the nation. The national government was fragile when John Marshall was nominated as Chief Justice of the Supreme Court on January 20, 1801 by President John Adams, a Federalist who spearheaded the movement for a strong national government. President Adams was succeeded a few days later by President Thomas Jefferson, a Republican who believed that the Constitution preserved the sovereignty of the States and vested them with broad powers.
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