This paper examines the growing movement away from the functional nature of federalism contained within the Constitution toward a federalist system that gives extensive discretion to Congress and is only limited by political checks. This political system of federalism has limited the role of the Court in national criminal law because of the deference the Court is expected to give Congress
American constitutional federalism emerged from a complex matrix comprised by multiple intellectual,...
In these remarks, I shall deal first, though very briefly, with the elements of the U.S. constitutio...
Like the Supreme Court\u27s separation of powers jurisprudence, its federalism jurisprudence might, ...
This paper examines the growing movement away from the functional nature of federalism contained wit...
A vast body of constitutional law regulates the way that police investigate crimes and the way that ...
Part I of this Note offers a brief account of the two main theories of federalism protection: the po...
Enforcing federalism is most commonly thought to involve the search for a constitutional delegation ...
The present article aims to analyze the judicial federalism in the United States. To do so, it compa...
The theory of the political safeguards of federalism has made a recent comeback, appearing in Suprem...
The legitimacy of U.S. juridical use of comparative constitutional law has sparked vigorous scholarl...
Whether federalism is more than a legal fiction is a question that generates considerable controvers...
Courts and commentators have long struggled to reconcile robust federalism doctrines with the text o...
The Burger Court continues to remind us that our federal system is alive and well. The states are no...
National Federalism best describes the modern allocation of state and federal power, but it is a fe...
This Article provides a new interpretation of the origins of three central obsessions of federal-cou...
American constitutional federalism emerged from a complex matrix comprised by multiple intellectual,...
In these remarks, I shall deal first, though very briefly, with the elements of the U.S. constitutio...
Like the Supreme Court\u27s separation of powers jurisprudence, its federalism jurisprudence might, ...
This paper examines the growing movement away from the functional nature of federalism contained wit...
A vast body of constitutional law regulates the way that police investigate crimes and the way that ...
Part I of this Note offers a brief account of the two main theories of federalism protection: the po...
Enforcing federalism is most commonly thought to involve the search for a constitutional delegation ...
The present article aims to analyze the judicial federalism in the United States. To do so, it compa...
The theory of the political safeguards of federalism has made a recent comeback, appearing in Suprem...
The legitimacy of U.S. juridical use of comparative constitutional law has sparked vigorous scholarl...
Whether federalism is more than a legal fiction is a question that generates considerable controvers...
Courts and commentators have long struggled to reconcile robust federalism doctrines with the text o...
The Burger Court continues to remind us that our federal system is alive and well. The states are no...
National Federalism best describes the modern allocation of state and federal power, but it is a fe...
This Article provides a new interpretation of the origins of three central obsessions of federal-cou...
American constitutional federalism emerged from a complex matrix comprised by multiple intellectual,...
In these remarks, I shall deal first, though very briefly, with the elements of the U.S. constitutio...
Like the Supreme Court\u27s separation of powers jurisprudence, its federalism jurisprudence might, ...