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Full-Text Articles in Law
Nationalized Political Discourse, Robert F. Nagel
Towards A Constitutional Architecture For Cooperative Federalism, Philip J. Weiser
Towards A Constitutional Architecture For Cooperative Federalism, Philip J. Weiser
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In this Article, Professor Weiser calls for a new conception of federal-state relations to justify existing political practice under cooperative federalism regulatory programs. In particular, Professor Weiser highlights how Congress favors cooperative federalism programs--that combine federal and state authority in creative ways--and has rejected the dual federalism model of regulation--with separate spheres of state and federal authority that current judicial rhetoric often celebrates. Given the increasing dissonance between prevailing political practice and judicial rhetoric, courts will ultimately have to confront three fault lines for current cooperative federalism programs: the legal source of authority for state agencies to implement federal law, …