Federalism and the double standard of judicial review

Duke Law Journal

Volumn 51, Issue 1, 2001, Pages

  Baker, Lynn A ^a   Young, Ernest A ^a  

^a NONE

Author keywords

[No Author keywords available]

Indexed keywords

EID: 0010103733     PISSN: 00127086     EISSN: None     Source Type: Journal    
DOI: 10.2307/1373231     Document Type: Review

References (4)

1. By "Constitution in exile," we refer to the organizing metaphor of this conference.
2. See Nat'l League of Cities v. Usery, 426 U.S. 833, 852 (1976) (holding that generally applicable federal regulatory laws could not be enforced against state governments "in areas of traditional governmental functions").
3. See Garcia v. San Antonio Metro. Transit Auth., 469 U.S. 528, 531 (1985) (expressly overruling the National League of Cities doctrine).
4. It may be, as Professor Van Alstyne has observed, that this exile was not complete until Garcia's rejection of National League of Cities in 1985. William W. Van Alstyne, The Second Death of Federalism, 83 MICH. L. REV. 1709, 1722 (1985). Until Garcia, Van Alstyne argues, judicial enforcement of the Constitution's federalism provisions may have been very deferential to federal power, but the Court had never disavowed the power of review altogether. Id.