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12 - The Once and Future Federalist

from Part III - Structuralism

Published online by Cambridge University Press:  03 March 2022

By
Deborah Jones Merritt
Edited by
Scott Dodson
Scott Dodson
Affiliation:
University of California, Hastings, College of Law
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Summary

Our Constitution established a federal system that embraces both autonomous states and a strong national government. Preserving that constitutional scheme has challenged the Supreme Court since its earliest days. As Chief Justice John Roberts has recognized, “the path of” the Court’s federalism jurisprudence “has not always run smooth.” That path has been particularly jagged during recent years. In a series of high-profile cases, the Court has undercut both national authority and state autonomy; the results defy both the Constitution and any principled view of federalism.

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The Legacy of Ruth Bader Ginsburg , pp. 158 - 180
Publisher: Cambridge University Press
Print publication year: 2022

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