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A Return To States' Rights? The Rehnquist Court Revives Federalism, Melanie K. St. Clair
A Return To States' Rights? The Rehnquist Court Revives Federalism, Melanie K. St. Clair
Northern Illinois University Law Review
This comment examines three decisions of the 1997 Supreme Court Term in which the Court invalidated Federal laws: Printz v. United States, City of Boerne v. Flores, and Reno v. ACLU. This comment looks for a unifying trend in the decisions in an effort to determine if the Court is moving in a new philosophical direction. The author suggests that the decisions do signal a renewed commitment to States' rights and federalism. Further, the decisions reveal the Court's antagonism toward the largess and enlarged scope of Congress. The author suggests that the decisions are an attempt by the Court to …
A Lopez Legacy?: The Federalism Debate Renewed, But Not Resolved, Debbie Ellis
A Lopez Legacy?: The Federalism Debate Renewed, But Not Resolved, Debbie Ellis
Northern Illinois University Law Review
This casenote examines the Supreme Court's landmark ruling in United States v. Lopez, in which the Court struck down a Congressional enactment under the Commerce Clause for the first time in modern history. The note traces Commerce Clause jurisprudence back to the days of the Founding Fathers and analyzes the Lopez opinion in an historic context. It also provides an overview of how the lower federal courts have dealt with appeals based on the Lopez ruling and concludes that the federalism debate, which underlies the Court's 5-4 decision, has been renewed but not resolved.