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Dissecting The State: The Use Of Federal Law To Free State And Local Officials From State Legislatures' Control, Roderick M. Hills Jr.
Dissecting The State: The Use Of Federal Law To Free State And Local Officials From State Legislatures' Control, Roderick M. Hills Jr.
Michigan Law Review
In discussions about American federalism, it is common to speak of a "state government" as if it were a black box, an individual speaking with a single voice. State governments are, of course, no such thing. Rather, a "state" actually incorporates a bundle of different subdivisions, branches, and agencies controlled by politicians who often compete with each other for electoral success and governmental power. In particular, these institutions compete with each other for the power to control federal funds and implement federal programs. This article explores one aspect of this intrastate competition - the extent to which federal law can …
Mr. Justice Holmes's Constitutionally Crooked Path Part Ii: The State Sovereignty Jurisdictional Stopgap , Mitchell B. Weiss
Mr. Justice Holmes's Constitutionally Crooked Path Part Ii: The State Sovereignty Jurisdictional Stopgap , Mitchell B. Weiss
Cleveland State Law Review
This article analyzes the last turn in Justice Holmes's constitutionally crooked path, largely by penetrating to the very core of the Supreme Court's recent decision in Alden v. Maine. Part I therefore traces the Court's waffling attitude towards the division of regulatory power between the state and federal governments. Then, against this backdrop, Part II takes the jurisdictional turn by analyzing the Court's most recent attempt to resuscitate the Tenth Amendment's check on Congress's Commerce Power. To sharpen the focus, much of this article will focus on the Fair Labor Standards Act, a federal statute that always seems to sit …
Opening Remarks: The States And Cities As Federal Laboratories Of Democracy, Frederick A.O. Schwarz, Jr.
Opening Remarks: The States And Cities As Federal Laboratories Of Democracy, Frederick A.O. Schwarz, Jr.
Fordham Urban Law Journal
Mr. Schwarz’s opening remarks address the function of local and state governments in stimulating more widespread change. He begins by providing examples of such inspiration to change throughout American History. First, Mr. Schwarz discusses the role of states in forging both institutional process reforms and social, substantive, and economic changes. Next, he discusses the advantages of using localities as grounds to test social experiments. Lastly, Mr. Schwarz discusses the relationship between experimentation in localities and federalism values, both generally and with specific regard to the role of minority interests. These remarks were made at From the Ground Up: Local Lessons …