The Elusive Safeguards of Federalism
Bibliographic Data
| ID | 9748121 |
|---|---|
| Authors | M A Hamilton (0000-0002-5093-216X, corresponding author) |
| Year | 2001 |
| Volume | 574 |
| Issue | 1 |
| Pages | 93-103 |
| Publication date | 2001-03-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | The Annals of the American Academy of Political and Social Science (JOURNAL) |
| Journal identifiers | ISSN: 0002-7162 • E-ISSN: 1552-3349 |
| Publisher | SAGE Publications (PUBLISHER • US) |
| DOI | 10.1177/000271620157400107 |
| OpenAlex | W4239315735, W1976319436 |
| Language | EN |
| Citations received | 2 |
| References cited | 4 |
The Supreme Court has issued a series of opinions that turn on the Constitution's inherent principles of federalism, decisions that have alarmed many a legal scholar. The Court has been attacked for overstepping its bounds and, by some, on the grounds that the federalism-state balance should be maintained through the political process rather than judicial review. This criticism of the judicial enforcement of federalism fails as a matter of constitutional history and on empirical grounds. The Supreme Court in this era deserves praise, not criticism, for its recent federalism jurisprudence
Constitution · Constitutional law · Criticism · Enforcement · Federalism · Judicial review · Jurisprudence · Law and economics · New Federalism · Political science · Politics · Praise · Sociology · State (computer science · Supreme court · American Constitutional Law and Politics · Law · Legal and Constitutional Studies · Legal Systems and Judicial Processes
| Citations per year | 0.14 |
|---|---|
| Citation span | 2004 - 2004 (1) |
| Highly cited | No |