Detailed Information
Cited 0 time in 
Cited 0 time in 
Cited 0 time in
Metadata Downloads
미국의 수직적 연방주의의 헌법적 구조Constitutional Underpinnings of US Federalism: Vertical Structure
- Other Titles
- Constitutional Underpinnings of US Federalism: Vertical Structure
- Authors
- 변진석
- Issue Date
- Jan-2012
- Publisher
- 안암법학회
- Keywords
- 미국헌법(US Constitution); 연합헌장(The Articles of Confederation); 연방주의(Federalism); 신연방주의(New Federalism); 수직적 연방주의(Vertical Federalism); 열거조항(Enumerated Clause); 우월조항(Supremacy Clause); 주권면제(Sovereign Immunity); 규제면제(Regulatory Immunity); 강행조항(Enforcement Clause).
- Citation
- 안암법학, v.37, pp 91 - 123
- Pages
- 33
- Journal Title
- 안암법학
- Volume
- 37
- Start Page
- 91
- End Page
- 123
- ISSN
- 1226-6159
- Abstract
- This paper attempts to look at the constitutional structure of US federalism in terms of federal government and state relations. The Constitution distribute powers between federal government and state government through a series of provisions such as Enumerated Clause, Supremacy Clause, Enforcement Clause of 14th Amendment, and 10th, 11th Amendments. In the enumerated power areas, federal government has the superior power over state governments based on Supremacy Clause, while in the area which does not fall within the Enumerated area, state government has the control. Over the 200 plus period of US history, the division of authority has evolved toward federal government's expanding authority. The New Federalism of Rehnquist Court has set a certain limits on the expansion of federal power through bolstering states power based on structural interpertation of Constitution.
- Files in This Item
- Go to Link
- Appears in
Collections - 법과대학 > 법학부 > 1. Journal Articles
Items in ScholarWorks are protected by copyright, with all rights reserved, unless otherwise indicated.