Law Commons^™

One Federalism And The Judicial Role: Enforcing The Limits Of Article I, Alexa R. Baltes

Notre Dame Law Review

Part I of this Note offers a brief account of the two main theories of

federalism protection: the political safeguards (or process federalism) and

judicial review. Part II then suggests a dual-safeguards approach as the single

constitutionally grounded theory, and proceeds to situate the procedural

safeguards and, importantly, judicial review, in the history, text, and structure

of the Constitution. Next, delving into the Court’s New Federalism line of

decisions, Part III analyzes the implications for these two constitutionally

grounded safeguards to deduce the proper framework for their respective

applications. It suggests that while political safeguards may be conceived in

terms …

Federalism And State Marijuana Legislation, Dean M. Nickles

Notre Dame Law Review

An increasing number of states have passed legislation legalizing medical and recreational marijuana. This Note provides a survey of the language utilized by these states in their legislation and legislative materials, searching for and highlighting those purposes and intentions of the states, which implicate, explicitly or implicitly, federalism. Through this survey of mostly primary source materials, various trends and similarities among the materials will be apparent, and this Note will provide a useful resource for those trying to understand why the states may have enacted these laws.