Apprendi, Blakely and Federalism

The Clark Y. Gunderson Lecture is a memorial to a man who devoted his life to legal education and spent thirty years teaching at the Law School. It is supported by a trust fund in the University of South Dakota Law School Foundation established principally by Colonel Gunderson\u27s family. Professor Rutledge delivered the 2004 Gunderson Lecture at the Law Review\u27s Symposium on Sentencing and Punishment, which took place at the Law School on November 5, 2004. What follows is an adapted version of Professor Rutledge\u27s lecture