The Second Death of Federalism
William W. Van Alstyne
William & Mary Law School
Michigan Law Review, Vol. 83, p. 1709, 1985
William & Mary Law School Research Paper No. 09-149
In National League of Cities v. Usery, the Supreme Court distinguished acts of Congress regulating commercial relations from acts of Congress commanding the terms of state services. Later, in Garcia v. San Antonio Metropolitan Transit Authority, the Court abandoned the distinction and held that it was principally for Congress to determine federalism questions. In this Comment, Professor Van Alstyne criticizes the Court on both counts.
Number of Pages in PDF File: 26
Keywords: state actor, federalismAccepted Paper Series
Date posted: September 22, 2011 ; Last revised: October 6, 2011
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