The Second Death of Federalism
26 Pages Posted: 22 Sep 2011 Last revised: 30 Dec 2014
Date Written: 1985
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.
Keywords: state actor, federalism
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