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dc.contributor.advisorNielson, P. Raymonden_US
dc.contributor.authorTrout, Andrew Patricken_US
dc.date.accessioned2016-11-28T19:36:34Z
dc.date.available2016-11-28T19:36:34Z
dc.date.issued1953en_US
dc.identifier.urihttp://hdl.handle.net/10504/106898
dc.description.abstractWhen the Constitution specifies that laws of the United States made pursuant to it are to he considered the supreme law of the land, "anything in the constitution or laws of any state to the contrary notwithstanding," are we to recognize here a grant of power unqualified by the terms of the later adopted Tenth Amendment? The latter provides that "the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." Herein is the question presented by the theory of "dual federalism," For the theory assumes that there lies in the Tenth Amendment, or in the powers reserved to the states, some inherent limitation upon the above-mentioned "supremacy" clause of the original Constitution. The term "dual federalism" is probably not the moat proper, for no one would deny that the federal system is "dual"; yet as used here it will denote a limitation upon national power employed by the Court in delineating the boundaries of the two sovereignties—federal and state. The term will indicate a dual, or double, safeguard against the use of national authority in areas thought to be the exclusive preserve of the states—instead of the single safeguard provided by the representative nature of the national government together with the fact that it is a government of delegated powers. One’s opinion of this doctrine will depend upon his view of the Tenth Amendment— whether it must be considered a vital principle of constitutional construction, a real limitation, or whether, as the Court remarked in 1941, "the amendment states but a truism that all is retained which has not been surrendered."en_US
dc.language.isoen_USen_US
dc.publisherCreighton Universityen_US
dc.rightsA non-exclusive distribution right is granted to Creighton University and to ProQuest following the publishing model selected above.en_US
dc.subjectUnited States--Historyen_US
dc.titleDual Federalism from 1918 to 1936en_US
dc.typeThesis
dc.publisher.locationOmaha, Nebraskaen_US
dc.description.noteProQuest Traditional Publishing Optionen_US
dc.contributor.cuauthorTrout, Andrew Patricken_US
dc.degree.levelMA (Master of Arts)en_US
dc.degree.disciplineHistory (graduate program)en_US
dc.degree.nameM.A. in Historyen_US
dc.degree.grantorGraduate Schoolen_US


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