Originalism, Federalism, and the American Constitutional Enterprise: A Historical Inquiry

Front Cover
Yale University Press, Dec 28, 2007 - Political Science - 301 pages

In this lively historical examination of American federalism, a leading scholar in the field refutes the widely accepted notion that the founding fathers carefully crafted a constitutional balance of power between the states and the federal government. Edward A. Purcell Jr. bases his argument on close analysis of the Constitution’s original structure and the ways that structure both induced and accommodated changes over the centuries.

There was no clear agreement among the founding fathers regarding the "true" nature of American federalism, Purcell contends, nor was there a consensus on "correct" lines dividing state and national authority. Furthermore, even had there been some true "original" understanding, the elastic and dynamic nature of the constitutional structure would have made it impossible for subsequent generations to maintain any "original" or permanent balance. The author traces the evolution of federalism through the centuries, focusing particularly on shifting interpretations founded on political interests. He concludes with insights into current issues of federal power and a discussion of the grounds on which legitimate decisions about federal and state power should rest.


What people are saying - Write a review

User Review - Flag as inappropriate

Rana Maneri
Rana Maneri
in the last week-Edit
Lisa Ornest is a criminal. She is likely to get 7 felonies for a civil rights complaint filed by Rana Maneri. In the matter of Maneri v. Bickman
, Ornest lists part of the case that was dismissed. Maneri never went to prison nor did she face felony charges. She sublet the apartment which was an illegal rent controlled apartment that Bickman stole for the City of NY and later received a buyout which Ornest profited. Ornest later was accused in the matter of 320 West 111th St House Development Fund Company V. Taylor whereas she caused interference and stole documents from the owner and board of directors. She is going to be dis-barred soon. Her and her criminal friends and clients are dangerous and use cocaine. See Bickman and Neil Gaiman, both known for lack of judgement. If you are lw on cash which many find themselves do not go to Ornest! She is a waste of time and will cause you trouble down the road. Go to the law office of Steven Jones. Or call the bar. Its a zoo. Don't go see the wild animals. Ornest and her abusive friends are in just and mentally and physically unfit. Anyone that weighs 500 pounds like Ornest and partners are too handicapped to work on any case. Hence, they are a step away from going to jail soon on other cases which Judges are lerie of their ethics. Investigate other cases where Ornest is seen stealing books and records illegally and then using her trust fund to cover it up. Seven years later I saw Gaiman and wife arrested, Bickman arrested and Ornest accused of tampering. The old expression time will tell. Well its very true. If you google Neil Gaiman, he's been called a "Pencil Neck Geek" from the White House and stole money from charity. Bickman, Ornest and Gaiman all hacks. Do not get hurt from these bums like I did! They use the wielding force of bad NYPD and DA's to attack you and take away your civil and federal subletting rights. So that they can make a $10 Million dollar profit! They are about as low as one can get. Ornest barely gets one case per year and rarely wins. She posts misleading pick and pull briefs that don't make sense and defraud clients into thinking she's a great lawyer. If you are seeking to hire Ornest, check out the entire case and every other case and dismissal after the one she posts on her website. You will find the lies and that she eventually loses and what she posted against me was later dismissed by a different judge. You will also see that many people are questioning her ability to be an attorney because she is quick to do illegal actions herself. I suspect she stole documents from my real estate clients and office and created civil and human rights violations and new cases are disqualifying her See Justia. http://law.justia.com/cases/new-york/other-courts/2009/2009-51293.html. If she just stops posting her landmark case against me I might consider dropping my Civil Rights Federal Complaint and my Grievance Committee Complaint but its probably not in the interest of good New Yorkers to hire Ornest or not to see her wrong doings and boycott her law firms. 


Part I Structural Intrinsics
Part II Consequential Dynamics
Part III Conclusion

Other editions - View all

Common terms and phrases

Bibliographic information