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Full-Text Articles in Law
Religious V. Secular Ideologies And Sex Education: A Response To Professors Cahn And Carbone, Vivian E. Hamilton
Religious V. Secular Ideologies And Sex Education: A Response To Professors Cahn And Carbone, Vivian E. Hamilton
Faculty Publications
No abstract provided.
Federalism And The Tug Of War Within: Seeking Checks And Balance In The Interjurisdictional Gray Area, Erin Ryan
Faculty Publications
Federalism and the Tug of War Within explores tensions that arise among the underlying values of federalism when state or federal actors regulate within the "interjurisdictional gray area" that implicates both local and national concerns. Drawing examples from the failed response to Hurricane Katrina and other interjurisdictional problems to illustrate this conflict, the Article demonstrates how the trajectory set by the New Federalism's "strict-separationist" model of dual sovereignty inhibits effective governance in these contexts. In addition to the anti-tyranny, pro-accountability, and localism-protective values of federalism, the Article identifies a problem-solving value inherent in the capacity requirement of American federalism's subsidiarity …
Active Sovereignty, Timothy Zick
How Congress Paved The Way For The Rehnquist Court's Federalism Revival: Lessons From The Federal Partial Birth Abortion Ban, Neal Devins
Faculty Publications
No abstract provided.
Devolution Of Implementing Policymaking In Network Governments, Charles H. Koch Jr.
Devolution Of Implementing Policymaking In Network Governments, Charles H. Koch Jr.
Faculty Publications
No abstract provided.
Constitutional Avoidance And The Roberts Court, Neal Devins
Constitutional Avoidance And The Roberts Court, Neal Devins
Faculty Publications
No abstract provided.
Anti-Federalist Procedure, A. Benjamin Spencer
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 …
The "Federalism Five" As Supreme Court Nominees, 1971-1991, John Q. Barrett
The "Federalism Five" As Supreme Court Nominees, 1971-1991, John Q. Barrett
Faculty Publications
This article looks back at the Senate confirmation hearing testimonies of five Supreme Court nominees. Following their appointments to the Court, these justices—Chief Justice Rehnquist and Associate Justices O'Connor, Scalia, Kennedy and Thomas—generally voted together in path-breaking federalism cases. They reinvigorated constitutional law limits or decreed new ones on national legislative power, supported the "sovereignty" of state governments, and thus came to be known in some circles as the Rehnquist Court's "Federalism Five." As nominees testifying before the Senate Judiciary Committee, however, these "federalism" justices did not announce, or for the most part even much hint at, what came to …