The New 'New Federalism': The Supreme Court in Hibbs (and Guillen)

Green Bag 2D, Vol. 6, No. 4, p. 349, Summer 2003

6 Pages Posted: 23 Nov 2011

See all articles by Vikram D. Amar

Vikram D. Amar

University of California, Davis - School of Law; University of Illinois College of Law

Date Written: 2003

Abstract

Federalism got a bit more complicated this Term. In two cases, particularly Nevada Dept. of Human Resources v. Hibbs, the Supreme Court did things in the area of federal/state relations that many analysts weren’t quite expecting.

Two of the biggest federalism cases of this past Term involved two of the four main doctrinal frameworks that the Court has developed in balancing federal and state powers: Congress’ power and the limits on its power under the Commerce Clause and the limited scope of Congress’ power under Section 5 of the Fourteenth Amendment. This essay discusses the implications of Hibbs and Pierce County v. Guillen on federalism jurisprudence.

Suggested Citation

Amar, Vikram D., The New 'New Federalism': The Supreme Court in Hibbs (and Guillen) (2003). Green Bag 2D, Vol. 6, No. 4, p. 349, Summer 2003, Available at SSRN: https://ssrn.com/abstract=1963384

Vikram D. Amar (Contact Author)

University of California, Davis - School of Law ( email )

Martin Luther King, Jr. Hall
Davis, CA CA 95616-5201
United States

University of Illinois College of Law

504 E. Pennsylvania Avenue
Champaign, IL 61820
United States

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
33
Abstract Views
360
PlumX Metrics