TITLE

STATE LAWS AND THE INDEPENDENT JUDICIARY: AN ANALYSIS OF THE EFFECTS OF THE SEVENTEENTH AMENDMENT ON THE NUMBER OF SUPREME COURT CASES HOLDING STATE LAWS UNCONSTITUTIONAL

AUTHOR(S)
Kochan, Donald J.
PUB. DATE
August 2003
SOURCE
Albany Law Review;2003, Vol. 66 Issue 4, p1023
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
Examines the hypothesis that the Seventeenth Amendment in the U.S. Constitution left federal courts free to hold state laws unconstitutional without the possibility that the institutional interests of the federal court system and the interests of the individual judges would face retaliation for such holdings. Explanation on the alteration in constitutional design by the Seventeenth Amendment; Discussion on two theories of institutional behavior affecting the outcomes of Supreme Court decisions; Assessment of the changes in the federal court's treatment of the constitutionality of state laws before and after the Seventeenth Amendment.
ACCESSION #
11004155

 

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