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How Congress Paved The Way For The Rehnquist Court's Federalism Revival: Lessons From The Federal Partial Birth Abortion Ban, Neal Devins
Faculty Publications
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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 …