Discussion: A Focus on Federalism

34 Pages Posted: 2 May 2014

See all articles by Erwin Chemerinsky

Erwin Chemerinsky

University of California, Berkeley - School of Law

Jeffrey Morris

Touro College - Jacob D. Fuchsberg Law Center

Martin A. Schwartz

Touro College - Jacob D. Fuchsberg Law Center

Date Written: 2005

Abstract

Some decisions of the United States Supreme Court 2004 Term fall under the category of federalism. This has been true now for a large number of years in the Supreme Court. Over the last fifteen years, what has been taking place in the United States Supreme Court is what many have called a federalism revolution. It is a phrase meant to summarize the fact that there have been a series of Supreme Court decisions that have had as their theme a fairly consistent cutting back of congressional power and a fairly consistent protection of state’s rights. A more neutral definition of federalism might be to say that the Constitution contemplates two different governments having potential authority over the same geographic scope, and federalism looks at how that authority is divided between federal and state government. This Article looks at how the federalism decisions from the 2004 Term fit into the bigger picture of the federalism cases decided by the Supreme Court in the past.

Keywords: federalism, states' rights, Congressional powers, U.S. Supreme Court, Fourteenth Amendment, Tenth Amendment, Eleventh Amendment immunity, Supremacy Clause

Suggested Citation

Chemerinsky, Erwin and Morris, Jeffrey and Schwartz, Martin A., Discussion: A Focus on Federalism (2005). 20 Touro L. Rev. 909 (2005), Touro Law Center Legal Studies Research Paper, Available at SSRN: https://ssrn.com/abstract=2375217

Erwin Chemerinsky

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

215 Boalt Hall
Berkeley, CA 94720-7200
United States

HOME PAGE: https://www.law.berkeley.edu/our-faculty/faculty-profiles/erwin-chemerinsky/

Jeffrey Morris

Touro College - Jacob D. Fuchsberg Law Center ( email )

225 Eastview Drive
Central Islip, NY 11722
United States

Martin A. Schwartz (Contact Author)

Touro College - Jacob D. Fuchsberg Law Center ( email )

225 Eastview Drive
Central Islip, NY 11722
United States

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