By Michael A. Genovese
Designed to fulfill the wishes of highschool and school scholars in addition to contributors of most of the people looking factors of uncomplicated executive and political issues, this name offers a entire source that's divided into 9 sections containing greater than four hundred essay-length entries.
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Extra info for Encyclopedia of American Government and Civics
Sample text
As the economy grew more national, and even international, in scope, issues were not as easily addressed by individual states. For instance, public concern with issues such as worker’s rights and child labor could more consistently be dealt with on a national level. Also, the growing importance of the issue of individual civil rights made it hard to justify disparate rights between states. Once the national legislature set policy on such matters, the opportunity for states to exercise concurrent authority evaporated.
This was a blow for the states’ independent sovereignty, for it declared that they were subordinate to the national government. This decision did not take away concurrent powers 25 the states’ concurrent taxing authority in its entirety, but it was limited. The establishment of national supremacy had significant implications for the exercise of concurrent powers because it meant that the national government could always trump the states’ jurisdiction, effectively taking away concurrent authority whenever it wanted to.
Federal regulation relied on an “effect of commerce” rule; that is, whether an activity within a state had an obvious effect or impact on interstate commerce so as to justify the exercise of federal power. The stream of commerce doctrine, first articulated by Associate Justice Oliver Wendell Holmes in 1905, was one such test to implement the effects rule. In Swift & Co. v. United States (1905), the Court rejected the claim of Chicago stockyard firms, which were challenging federal prosecutions for conspiring to restrain trade, that the purchase and sale of cattle in Chicago stockyards was not commerce among the states.