Part VI Federalism, Ch.36 Federal Jurisdiction

2018 ◽  
Author(s):  
Stellios James
Keyword(s):  
United States ◽  
Federal Government ◽  
The United States ◽  
Judicial System ◽  
State Courts ◽  
Federal System ◽  
High Court ◽  
System P ◽  
Judicial Federalism ◽  
Federal Jurisdiction

This chapter identifies the origins, content, and operation of federal jurisdiction in Australia. In the United States the creation of federal jurisdiction was the necessary concomitant of the establishment of the judicial arm of federal government. The same could not be said of the conditions for Australian federalism. Federalism Australian-style did not require a federal system of courts. Further complicating the issue was the ‘autochthonous expedient’: the facility provided to Parliament for the use of State courts to exercise federal jurisdiction. Hence the chapter also seeks to suggest that the discordance between the concept and purpose of federal jurisdiction left the High Court with the challenging task of conceptualizing ‘judicial federalism’. In executing that task, High Court jurisprudence has presented differing conceptions of the place of State courts within the federal judicial system.

Unemployment Insurance

2014 ◽  
Author(s):  
Stephen A. Woodbury
Keyword(s):  
United States ◽  
Federal Government ◽  
Unemployment Insurance ◽  
Great Recession ◽  
The United States ◽  
Federal State ◽  
Income Support ◽  
The Great Recession ◽  
System P ◽  
Primary Responsibility

Unemployment insurance (UI) provides temporary income support to workers who have lost their jobs and are seeking reemployment. This chapter reviews the origins of the federal-state UI system in the United States and outlines its principles and goals. It also describes the conditions for benefit eligibility, the benefits themselves, and their financing. The UI system is complex and includes many interested parties, including employers, worker advocates, state UI administrators, and the federal government. These parties’ differing views have led to controversies over benefit eligibility, adequacy, and whether the states or federal government should bear primary responsibility for UI. The Great Recession caused most states’ UI trust funds to become insolvent and led to renewed debate over the structure and financing of the system.

The Federal Common Law of Crime

1986 ◽  
Vol 4 (2) ◽  
pp. 267-323 ◽  
Author(s):  
Robert C. Palmer
Keyword(s):  
United States ◽  
Federal Government ◽  
Common Law ◽  
The United States ◽  
National Government ◽  
United States Constitution ◽  
Federal System ◽  
Bill Of Rights ◽  
Original Intent ◽  
The People

The United States Constitution established a federal system, not a national government. States continued necessarily and by design as active and important centers of governmental activity. States were institutions of inherent authority, while the federal government by original intent and then explicitly by amendment, was a government of only delegated powers. Since the federal government derived its power directly from the people and acted directly on individuals, it was decisively more powerful than the pre-Constitution Confederation. But the Bill of Rights itself is evidence of the continued worry, pervasive until modified by the Reconstruction Amendments, that the federal government might, but should not, overwhelm the states.

Erie v. Tompkins and the Relationship Between Federal and State Courts

1942 ◽  
Vol 36 (5) ◽  
pp. 885-895
Author(s):  
Kenneth C. Cole
Keyword(s):  
United States ◽  
Common Law ◽  
The United States ◽  
Federal Courts ◽  
The Other ◽  
State Courts ◽  
Federal System ◽  
The Relationship

Erie v. Tompkins evidences decentralizing trends in our federal system in two different ways—one fairly obvious and relatively orthodox; the other neither obvious nor orthodox, but probably the more significant. The first aspect may be touched upon very briefly and the ramifications of the second explored more fully.The obvious side of Erie v. Tompkins lies in its rejection of a common law of the United States available for application by the federal courts in diversity cases. This conception was given expression by Story in Swift v. Tyson, and has been followed in many, if not most, of the succeeding cases building upon and expanding Story's doctrine.

Kindling a Flame under Federalism: Progressive Reformers, Corporate Elites, and the Phosphorus Match Campaign of 1909–1912

1994 ◽  
Vol 68 (2) ◽  
pp. 244-275 ◽  
Author(s):  
David A. Moss
Keyword(s):  
United States ◽  
Federal Government ◽  
Economic Activity ◽  
American Association ◽  
The United States ◽  
Business Leaders ◽  
European Countries ◽  
Federal System ◽  
Labor Legislation ◽  
Corporate Elites

In 1909, the leaders of the American Association for Labor Legislation launched a campaign to eradicate phosphorus matches from the American market. Because phosphorus match workers often contracted a hideous disease called phosphorus necrosis (or “phossy jaw”), many European countries had already prohibited the poison matches from their markets. In the United States, nearly all interested parties supported legal abolition but found that the nation's federal system constituted a formidable obstacle. No state wanted to be the first to act (for fear of driving industry from its borders), and the federal government lacked the power to regulate intrastate economic activity. This article examines how, in order to circumvent the federalism obstacle, an alliance of academic reformers and business leaders worked to tax phosphorus matches out of existence—that is, to use the federal taxing power as a regulatory instrument.

scholarly journals Canada’s Inevitable Evolution Towards Bilateral Spending

Federalism-E ◽  
2018 ◽  
Vol 19 (1) ◽  
Author(s):  
Kymone Fletcher
Keyword(s):  
United States ◽  
Federal Government ◽  
The United States ◽  
Federal System ◽  
Federal Level ◽  
Federal States ◽  
Form Of Government ◽  
Canadian Provinces

 The federal government should be allowed to provide condition free funding within the provincial jurisdiction. Canada is naturally evolving towards intrastate federalism and a more collaborative government and this evolution has been apparent since the BNA act was formulated.In the BNA act the Canadian provinces were promised ongoing grants/subsidies and we have also seen in Quebec’s case, they opted for a more collaborative form of government for wanting to be represented more at the federal level. It has also been demonstrated that each level of government in Canada’s federal system must be autonomous in its own right or else the system will collapse. Stephen Harper and Justin Trudeau views have also been presented to illustrate this. The cases of the United States and Germany have also been brought up to show that not only Canada, but other federal states are redefining what federalism means and re-interpreting their own respective constitutions to bring this new definition into action. The case of Quebec has also been brought up to demonstrate how the biggest players in the Canadian system, how Canadian policy can be updated to limit the amount of critics towards how the federal power is spending its money.           

“The Greatest Nation on Earth”

2017 ◽  
Vol 86 (1) ◽  
pp. 50-83 ◽  
Author(s):  
Sarah K.M. Rodriguez
Keyword(s):  
United States ◽  
Natural Resources ◽  
Federal Government ◽  
Manifest Destiny ◽  
The United States ◽  
Northern Mexico ◽  
Texas Revolution

Between 1820 and 1827 approximately 1,800 U.S. citizens immigrated to northern Mexico as part of that country’s empresario program, in which the federal government granted foreigners land if they promised to develop and secure the region. Historians have long argued that these settlers, traditionally seen as the vanguard of Manifest Destiny, were attracted to Mexico for its cheap land and rich natural resources. Such interpretations have lent a tone of inevitability to events like the Texas Revolution. This article argues that the early members of these groups were attracted to Mexico for chiefly political reasons. At a time when the United States appeared to be turning away from its commitment to a weak federal government, Mexico was establishing itself on a constitution that insured local sovereignty and autonomy. Thus, the Texas Revolution was far from the result of two irreconcilable peoples and cultures. Moreover, the role that these settlers played in the United States’ acquisition of not just Texas, but ultimately half of Mexico’s national territory, was more paradoxical than inevitable.

The Functional Constitution: Re-Reading the 2014 High Court Constitutional Term

2015 ◽  
Vol 43 (3) ◽  
pp. 455-492 ◽  
Author(s):  
Rosalind Dixon
Keyword(s):  
United States ◽  
The United States ◽  
Functional Approach ◽  
Constitutional Interpretation ◽  
High Court ◽  
Functionalist Approach

A ‘functional’ approach to constitutional interpretation is well-accepted in many other jurisdictions, including the United States, and offers a promising middle path between the extremes of pure formalism and pragmatism. It is, however, under-developed as an approach to constitutional interpretation, rather than doctrine, in Australia. The article offers an exploration of what it would mean to adopt a more explicitly functionalist approach to the interpretation of the Constitution, drawing on constitutional cases decided by the High Court in 2014.

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