TITLE

Is Federalism a Political Question? An Application of the Marshallian Framework to Garcia

AUTHOR(S)
Tebben, Carol Lynn
PUB. DATE
January 1990
SOURCE
Publius: The Journal of Federalism;Winter90, Vol. 20 Issue 1, p113
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
In Garcia v. San Antonio Metropolitan Transit Authority (1985) the Supreme Court relegated the matter of the wages and hours of local government employees to the national political process as though the issue were a political question. More importantly, the Court left the determination of whether the issue required national political resolution up to Congress. This article applies some of the writings of John Marshall to the Garcia case in order to ascertain whether national political resolution of the issue was appropriate. Under Marshall's framework, matters which involve the enumerated powers of Congress or the implied powers of Congress are political issues. However, in contrast to the holding in Garcia, the question of whether a particular issue involves an enumerated or an implied power is a matter appropriate for judicial scrutiny.
ACCESSION #
27711333

 

Related Articles

  • Victoria Public Library rights historic wrong. McCallum, Larry // Quill & Quire;Jan1999, Vol. 65 Issue 1, p10 

    Reports the dismissal of John Marshall from Greater Victoria Public Library. Accounts on the dismissal of the staff by the library board; Involvement of Marshall in communist activities; Implication of the dismissal for library board chairman Neil Williams.

  • MARBURY v. MADISON. Manning, Steven // Junior Scholastic;1/24/2003, Vol. 105 Issue 11, p10 

    Focuses on the court decision made by former chief justice John Marshall on February 24, 1803 in the case of Marbury versus Madison. Conflict between the Judiciary Act and the Constitution; Administration of the oath of office to Thomas Jefferson on March 4, 1801; Profiles of Marshall and...

  • Local Government: Choice with Constraint. PRATCHETT, LAWRENCE; LEACH, STEVE // Parliamentary Affairs;Apr2004, Vol. 57 Issue 2, p366 

    Local government continues to experience significant change in many areas. While these changes impose significant constraints upon the actions of local government, there remains considerable scope for the exercise of discretion and significant choices to be made within such constraints. This...

  • Watch for the opportunities if government wants to help. Doyle, Denzil // National Capital Scan;Jan2009, Vol. 3 Issue 12, p2 

    The article discusses government interventions in the economy which could bring the needed spark to re-ignite the country's high-technology industry. The Canadian Unsolicited Proposal (USP) program, it says, could be re-introduced as it allowed companies to come to the federal government with...

  • How Big Is Government? Scherer, Joseph // Challenge (05775132);Sep/Oct75, Vol. 18 Issue 4, p60 

    This article focuses on the size of the government. The size of government is a controversial issue among economists, not to mention among politicians and the general public. The conventional yardstick for measuring the relative size of any sector of the economy is a comparison with gross...

  • IMPROVED STATE AND LOCAL PERSONNEL MANAGEMENT--A CONDITION OF EFFECTIVE INTERGOVERNMENTAL RELATIONS. Conaway Jr., O. B. // Southern Review of Public Administration;Jun79, Vol. 3 Issue 1, p32 

    The article discusses the argument on the distribution of forces in the federal system. One of the primary arguments against federal forces with the federal functions to the state and local governments, lacked enough administrative capacity. The evidence support the argument in the form of chief...

  • PROSPECTS FOR ADMINISTRATIVE DEVELOPMENT: A CASE FOR RURAL COUNTRY GOVERNMENT. Gabris, Gerald T.; Giles, William A. // Southern Review of Public Administration;Jun79, Vol. 3 Issue 1, p70 

    The article discusses the three explorative analysis of rural county government. These are: first, to question whether rural governments are likely to incorporate professional administrative processes in the near future; second, to raise the issue as to whether preference for professional...

  • Executive order promotes accountability. Johnson, Clay // Hill;11/15/2007, Vol. 14 Issue 137, p22 

    The article reports that President Bush has charged the federal agencies in a new executive order to use their skills to serve American citizens better in the U.S. According to the author, the heads of the agencies will be held accountable in ensuring that every program's goal have clear,...

  • EXECUTIVE ORDER: IMPROVING GOVERNMENT PROGRAM PERFORMANCE.  // Hill;11/15/2007, Vol. 14 Issue 137, p22 

    The article presents the new executive order for improving government program performance in the U.S. According to the author, the new policy states that the United States federal government must spend taxpayers' dollars effectively and more effectively. He added that the heads of agencies are...

Share

Read the Article

Courtesy of VIRGINIA BEACH PUBLIC LIBRARY AND SYSTEM

Sign out of this library

Other Topics