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Full-Text Articles in Law
"So Long As Our System Shall Exist": Myth, History, And The New Federalism, Paul D. Moreno
"So Long As Our System Shall Exist": Myth, History, And The New Federalism, Paul D. Moreno
William & Mary Bill of Rights Journal
This article provides the broad historical context necessary to understand contemporary developments in federalism doctrine. It shows that dual federalism has a long and varied history and that federalism is a content-neutral principle to which both sides in major political contests have appealed. It seeks to show that the predominant perspective on federalism today - that it is an inherently conservative principle - is the result of historical misperception. This article reinterprets the history of American federalism in light of recent historical scholarship concerning various periods: principally the country's founding; slavery, the Civil War, and Reconstruction; the late nineteenth-century social …
The Supreme Court And The Federalist Papers: Is There Less Here Than Meets The Eye?, Melvyn R. Durchslag
The Supreme Court And The Federalist Papers: Is There Less Here Than Meets The Eye?, Melvyn R. Durchslag
William & Mary Bill of Rights Journal
No abstract provided.