Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- And Regions; Legal History (1)
- Areas (1)
- Commandeering (1)
- Congress (1)
- Defendants; Legal Practice and Procedure; Due Process; Constitutional Law (1)
-
- Federalism (1)
- Generally; Fourteenth Amendment; Preventive Detention; Criminal Law and Procedure; Israel; Countries (1)
- Gregory v. Ashcroft (1)
- Individuals (1)
- Interstate commerce (1)
- Legislation (1)
- Liberty (1)
- New York v. United States (1)
- Preemption (1)
- Printz v. United States (1)
- Regulation (1)
- Securities Litigation Uniform Standards Act (1)
- Sovereign immunity (1)
- State courts (1)
- Tenth Amendment (1)
- United States Supreme Court (1)
- United States v. Lopez (1)
Articles 1 - 2 of 2
Full-Text Articles in Legal History
Where Hannah Arendt Went Wrong, David Abraham
Constitutional Federalism, Individual Liberty, And The Securities Litigation Uniform Standards Act Of 1998, Adam C. Pritchard
Constitutional Federalism, Individual Liberty, And The Securities Litigation Uniform Standards Act Of 1998, Adam C. Pritchard
Articles
This Article proceeds in four parts. Part I provides background on the historical development of constitutional federalism, the Supreme Court's decisions in this area, and the apparent demise of constitutional limits on federal power. Part II then reviews the Court's revival of constitutional federalism over the last decade. Based on this review, I argue that the Supreme Court's current federalism doctrine can be understood as a "constrained libertarianism" that attempts to use constitutional structure as a check on government interference with individual liberty. In this model, states are respected in our constitutional system because of the counterbalance that they provide …