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"Judicial Enforcement of Federalism Principles"

Bermann, George A. (1999) "Judicial Enforcement of Federalism Principles". In: UNSPECIFIED, Pittsburgh, Pennsylvania. (Unpublished)

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    In these remarks, I shall deal first, though very briefly, with the elements of the U.S. constitutional text that pertain to the relationship between federal and state exercises of legislative power and to the federal judiciary’s role in enforcing constitutional principles that would preserve that relationship. I then examine more thoroughly and systematically the specific techniques with which the Supreme Court has experimented over these past 25 years in making federalism principles meaningful and their judicial enforcement effective. I do not mean to suggest that the Court was not attentive to questions of federalism during the long period between the country’s founding and the 1970s; that is far from the case. But the federalism jurisprudence of the Supreme Court over the last 25 years has been particularly rich in exploring the various strategies available to courts seeking to enforce principles of federalism, and in demonstrating what it is that makes each and every one of those strategies at least somewhat problematic.

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    Item Type: Conference or Workshop Item (UNSPECIFIED)
    Subjects for non-EU documents: EU policies and themes > Policies & related activities > political affairs > governance: EU & national level
    EU policies and themes > Policies & related activities > law & legal affairs-general (includes international law)
    EU policies and themes > EU institutions & developments > institutional development/policy > historical development of EC (pre-1986)
    EU policies and themes > External relations > EU-US
    Subjects for EU documents: UNSPECIFIED
    EU Series and Periodicals: UNSPECIFIED
    EU Annual Reports: UNSPECIFIED
    Conference: European Union Studies Association (EUSA) > Biennial Conference > 1999 (6th), June 2-5, 1999
    Depositing User: Phil Wilkin
    Official EU Document: No
    Language: English
    Date Deposited: 05 May 2006
    Page Range: p. 21
    Last Modified: 15 Feb 2011 17:21

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