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The Rehnquist Court's Two Federalisms
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Texas Law Review
- Article date:
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November 1, 2004
- Author:
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Copyright informationCopyright University of Texas, Austin, School of Law Publications, Inc. Nov 2004. Provided by ProQuest LLC. (Hide copyright information)
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The Supreme Court's "Federalist Revival" is now a decade old.1 We have seen neither the revolution that partisans of states rights might have wished nor the deluge that many nationalists feared.2 What we have witnessed is the incremental expansion, across a variety of fronts, of juducially enforc
ed limitations on national authority. While it remains far too early to attempt a definitive assessment, we have enough decisions now to evaluate the Court's project as a developing stream of doctrine rather than as isolated data points. We can fruitfully ask whether the Court's federalism doctrine
successfully protects what is important about federalism or, more fundamentally, what "success" would ...
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