The Second Death of Federalism

26 Pages Posted: 22 Sep 2011 Last revised: 30 Dec 2014

See all articles by William W. Van Alstyne

William W. Van Alstyne

Duke University School of Law; William & Mary Law School

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

Suggested Citation

Van Alstyne, William W. and Van Alstyne, William W., The Second Death of Federalism (1985). Michigan Law Review, Vol. 83, p. 1709, 1985, William & Mary Law School Research Paper No. 09-149, Available at SSRN:

William W. Van Alstyne (Contact Author)

William & Mary Law School ( email )

South Henry Street
P.O. Box 8795
Williamsburg, VA 23187-8795
United States

Duke University School of Law ( email )

210 Science Drive
Box 90362
Durham, NC 27708
United States

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