Conservative Perspectives on American Federalism

Conservatives were regularly criticized by liberals and others for their approach to federalism throughout the twentieth century. This trend began during the Progressive era, when the justices of the “Lochner Court” were vilified for using national judicial power to strike down local regulations. Several decades later, conservative opposition to New Deal programs was seen as insensitive and elitist. Arguments for constitutional limitations on executive power in the 1930s were attributed to the greed of businessmen and corporations. During the 1950s and 1960s, the conservative defense of states' rights was explained by other unpleasant motivations. Opposition to national civil rights laws was, for many, analogous to fondness for Jim Crow and other forms of racial subjugation. Since the 1980s, conservative members of the Rehnquist Court have been denounced from various quarters for their federalist perspectives. According to the Court's critics, specious arguments about state sovereignty have been used to rescind national rights and benefits

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• A Compound Republic—If You Can Keep It

  Troy E Smith•Publius The Journal of Federalism•2017

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