How the death of federalism has affected understanding of the Bill of Rights

Debate over the Constitution has devolved over the past couple of centuries from an eloquent discourse, sometimes sophistic, to petty academic quibbling over whether emphasis on the Bill of Rights belongs to the powers denied the federal government or to those unenumerated and left in the hands of the states and people. The context of this latter position has been further obliterated since New Deal days as a shift in Constitutional interpretation has emphasized the…

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All content protected by copyright. The Politics of Discretion, 2016.