Abstract
This Article addresses whether the Constitution prohibits Congress from delegating power to states and when Congress should be understood to delegate legislative rather than administrative power. For many reasons, Congress routinely relies upon states (and is beginning to rely more heavily upon Indian tribes) to effectuate federal policies. But when Congress authorizes states to create and to implement federal laws, Congress may impermissibly alter the allocation of federal powers vested by the Constitution in Congress and the President. As a result, federal officials may not be held to account for policies that can be enforced by federal courts. When states receive such power, out-of-state citizens are excluded from political processes that effectively specify federal policies. "Cooperative federalism" thus poses serious normative and structural concerns.
How to Cite
39 Ariz. L. Rev. 205 (1997)
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