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Moral Communities Or A Market State: The Supreme Court’S Vision Of The Police Power In The Age Of Globalization, Antonio F. Perez, Robert J. Delahunty

Scholarly Articles

In essence, this Article attempts to explain the underlying logic of two intersecting lines of recent Supreme Court decisions. The first line of cases concerns the allocation of constitutional power between the Nation and the States (i.e., cases about "federalism"); the other line concerns claims of individual right against exercises of purported State power (i.e., cases about "individual rights"). The federalism cases deal, respectively, with the powers of the States against Congress in the regulation of domestic matters"' and as against the Executive (and, less often, Congress) in influencing foreign affairs. The individual rights cases deal with equal access to …