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Separation of powers

1998

Northern Illinois University Law Review

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A Return To States' Rights? The Rehnquist Court Revives Federalism, Melanie K. St. Clair May 1998

A Return To States' Rights? The Rehnquist Court Revives Federalism, Melanie K. St. Clair

Northern Illinois University Law Review

This comment examines three decisions of the 1997 Supreme Court Term in which the Court invalidated Federal laws: Printz v. United States, City of Boerne v. Flores, and Reno v. ACLU. This comment looks for a unifying trend in the decisions in an effort to determine if the Court is moving in a new philosophical direction. The author suggests that the decisions do signal a renewed commitment to States' rights and federalism. Further, the decisions reveal the Court's antagonism toward the largess and enlarged scope of Congress. The author suggests that the decisions are an attempt by the Court to …