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2003

Selected Works

Federalism

Articles 1 - 4 of 4

Full-Text Articles in Law

Vectoral Federalism, Scott Dodson Nov 2003

Vectoral Federalism, Scott Dodson

Scott Dodson

In this Article, I offer a new framework for understanding federalism. “Vectoral federalism” engages directional metaphors—horizontal and vertical—to group various federalism doctrines together into two principal groups. Horizontal federalism concerns the battle between the federal and the state governments for the power to regulate individuals. Vertical federalism concerns the federal government’s power to regulate states and the states’ concomitant power to resist this regulation. Viewing federalism doctrines as having vertical or horizontal vectors (or both) identifies their common justifications and characteristics, which can assist in understanding and in applying the principles of federalism. The directional synthesis also illuminates and helps …


Competing For The People's Affection: Federalism's Forgotten Marketplace, Todd E. Pettys Feb 2003

Competing For The People's Affection: Federalism's Forgotten Marketplace, Todd E. Pettys

Todd E. Pettys

Returning to forgotten themes in the Federalist Papers, the article argues that the state and federal governments compete with one another for the “affection” of their citizens and for the regulatory power that often accompanies that affection. The article further contends that citizens and politicians are able fully to participate in this affection-driven marketplace only if three prerequisites are met: each sovereign must be assured of an opportunity to demonstrate its competence; each sovereign must enjoy a significant measure of autonomy from the other; and the two sovereigns’ dealings with one another must be sufficiently transparent to enable citizens to …


Altered States: Review Of John T. Noonan, Jr., 'Narrowing The Nation's Power: The Supreme Court Sides With The States', John Eastman Dec 2002

Altered States: Review Of John T. Noonan, Jr., 'Narrowing The Nation's Power: The Supreme Court Sides With The States', John Eastman

John C. Eastman

Conversative Ninth Circuit Judge John Noonan's book, 'Narrowing the Nation's Power: The Supreme Court Sides with the States', lambasts the Supreme Court's federalism decisions, a hallmark of the Rehnquist Court's revival of the limits on national power originally envisioned by those who drafted and ratified the Constitution. This review takes Judge Noonan to task for misconstruing the original meaning of the Constitution's Commerce Clause, for example, but agrees with his assessment that the Court's 11th Amendment jurisprudence is a doctrinal mess.


The New Federalism: Discerning Truth In American Myths And Legend, Randy Lee Dec 2002

The New Federalism: Discerning Truth In American Myths And Legend, Randy Lee

Randy Lee

No abstract provided.