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Courts

William & Mary Law School

Series

2007

Federalism

Articles 1 - 2 of 2

Full-Text Articles in Law

Anti-Federalist Procedure, A. Benjamin Spencer Jan 2007

Anti-Federalist Procedure, A. Benjamin Spencer

Faculty Publications

"[T]he new federal government will ... be disinclined to invade the rights of the individual States, or the prerogatives of their governments."

"[T]he Constitution of the United States ... recognizes and preserves the autonomy and independence of the States-independence in their legislative and independence in their judicial departments. . . . Any interference with either, except as [constitutionally] permitted, is an invasion of the authority of the State and, to that extent, a denial of its independence."

The understanding expressed by these opening quotes-that the national government was designed to be one of limited powers that would refrain from encroaching …


Constitutional Avoidance And The Roberts Court, Neal Devins Jan 2007

Constitutional Avoidance And The Roberts Court, Neal Devins

Faculty Publications

No abstract provided.