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Full-Text Articles in Law
Solidarity Federalism, Erin F. Delaney, Ruth Mason
Solidarity Federalism, Erin F. Delaney, Ruth Mason
Notre Dame Law Review
Studies of federalism, especially in the United States, have mostly centered on state autonomy and the vertical relationship between the states and the federal government. This Article approaches federalism from a different perspective, one that focuses on state solidarity. We explain how solidarity structures found in constitutional federations—including the United States—generate solidarity obligations, such as duties not to harm other states or their citizens. These duties give rise to principles, such as nondiscrimination, that are vital to federalism. Focusing on interstate relations and relations between states and citizens of other states, we argue that affirming both solidarity and autonomy as …
One Federalism And The Judicial Role: Enforcing The Limits Of Article I, Alexa R. Baltes
One Federalism And The Judicial Role: Enforcing The Limits Of Article I, Alexa R. Baltes
Notre Dame Law Review
Part I of this Note offers a brief account of the two main theories of
federalism protection: the political safeguards (or process federalism) and
judicial review. Part II then suggests a dual-safeguards approach as the single
constitutionally grounded theory, and proceeds to situate the procedural
safeguards and, importantly, judicial review, in the history, text, and structure
of the Constitution. Next, delving into the Court’s New Federalism line of
decisions, Part III analyzes the implications for these two constitutionally
grounded safeguards to deduce the proper framework for their respective
applications. It suggests that while political safeguards may be conceived in
terms …