Publication Date
3-2001
Journal
Annals of the American Academy of Political and Social Science
Abstract
The Supreme Court has issued a series of opinions that turn on the Constitution's inherent principles of federalism, decisions that have alarmed many a legal scholar. The Court has been attacked for overstepping its bounds and, by some, on the grounds that the federalism-state balance should be maintained through the political process rather than judicial review. This criticism of the judicial enforcement of federalism fails as a matter of constitutional history and on empirical grounds. The Supreme Court in this era deserves praise, not criticism, for its recent federalism jurisprudence.
Volume
574
First Page
93
Last Page
103
Publisher
SAGE Publications
Disciplines
Law
Recommended Citation
Marci A. Hamilton,
The Elusive Safeguards of Federalism,
574
Annals Am. Acad. Pol. & Soc. Sci.
93
(2001).
https://larc.cardozo.yu.edu/faculty-articles/1043
