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Three Faces Of Federalism: Finding A Formula For The Future, Deborah J. Merritt
Three Faces Of Federalism: Finding A Formula For The Future, Deborah J. Merritt
Vanderbilt Law Review
The first, and oldest, of the Supreme Court's concepts of federalism is the territorial model. This model recognizes that there is a discernible boundary between the subjects fit for national regulation and those reserved for state governance. Territorialists argue that the national government is supreme in some areas, while states reign sovereign in others. Adherents of this model, for example, might declare that the national government directs foreign affairs while the states control domestic relations.
Under the territorial model, federalism violations occur when the national government attempts to invade a substantive area of law reserved to the states. The Supreme …
Federalism And Civil Rights: Complementary And Competing Paradigms, James F. Blumstein
Federalism And Civil Rights: Complementary And Competing Paradigms, James F. Blumstein
Vanderbilt Law Review
Until the Nixon Administration, federalism was not talked about much in the United States in the post-New Deal period and was not taken seriously as an intellectual matter. Increasingly, however, federalism has become an important domestic' and a critical worldwide issue. It may not be an exaggeration to say that federalism has indeed become the pervasive legal/political issue around the world.
In this Article I will make four points. First, by way of background and overview, I will conclude that the goal of federalism is and should be to encourage and facilitate geographically-based political autonomy without placing at risk the …