Robert Nagel's Bleak Vision and the 'Implosion' of American Federalism

Abstract

This article reviews Robert Nagel's book, The Implosion of American Federalism. It discusses Nagel's critique of the prevailing view that there has been a revolution in the Supreme Court's jurisprudence regarding the federal system. While Nagel is likely correct that the Court's jurisprudence does not represent a revolution, his contention that increasing centralization will inevitably lead to repression is likely wrong. It is as likely to lead to inefficiency in thenational government given the growth of the vast federal bureaucracy. Moreover, the article argues that it is not too late for the Court to implement bright-line legal rules that may prevent further erosion of the federal system. In particular, the article discusses the Court's Commerce Clause decisions and offers an originalist interpretation of the Clause that would preserve the federal system.

Keywords: federalism, commerce clause, Nagel