Charlton Copeland - Academia.edu (original) (raw)
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... Charlton C. Copeland* ... 731 (2004); Vicki Jackson, Narratives of Federalism: Of Continuitie... more ... Charlton C. Copeland* ... 731 (2004); Vicki Jackson, Narratives of Federalism: Of Continuities and Comparative Constitutional Experience, 51 DUKE LJ 223 (2001); Daniel Halberstam and Roderick Hills, State Autonomy in Germany and the United States, For skepticism about the ...
Enforcing federalism is most commonly thought to involve the search for a constitutional delegati... more Enforcing federalism is most commonly thought to involve the search for a constitutional delegation of substantive power. Although in modern times the substantive power might be overlapping or shared authority, federalism enforcement proceeds from a determination about the site of substantive power. This conception of federalism enforcement preserves the Constitution's commitment to fractionated authority by determining whether power is legitimately possessed. Thus we understand significant federalism disputes in our age as framed by whether Congress has the authority to enact comprehensive health care reform legislation, or whether Congress has exceeded its authority in reenacting the Voting Rights Act's preclearance requirements. Federalism enforcement as allocation also underwrites much federal courts doctrine. We ask whether Congress has the authority to commandeer state courts, or whether states have the right to close their doors to federal claims.
... Charlton C. Copeland* ... 731 (2004); Vicki Jackson, Narratives of Federalism: Of Continuitie... more ... Charlton C. Copeland* ... 731 (2004); Vicki Jackson, Narratives of Federalism: Of Continuities and Comparative Constitutional Experience, 51 DUKE LJ 223 (2001); Daniel Halberstam and Roderick Hills, State Autonomy in Germany and the United States, For skepticism about the ...
Enforcing federalism is most commonly thought to involve the search for a constitutional delegati... more Enforcing federalism is most commonly thought to involve the search for a constitutional delegation of substantive power. Although in modern times the substantive power might be overlapping or shared authority, federalism enforcement proceeds from a determination about the site of substantive power. This conception of federalism enforcement preserves the Constitution's commitment to fractionated authority by determining whether power is legitimately possessed. Thus we understand significant federalism disputes in our age as framed by whether Congress has the authority to enact comprehensive health care reform legislation, or whether Congress has exceeded its authority in reenacting the Voting Rights Act's preclearance requirements. Federalism enforcement as allocation also underwrites much federal courts doctrine. We ask whether Congress has the authority to commandeer state courts, or whether states have the right to close their doors to federal claims.