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Enforcing Federalism after United States v. Lopez

Abstract

In this Article, Professor Althouse discusses the Lopez case and the opportunity it provides for reconsidering the role of the Supreme Court in enforcing federalism. Uncovering a basic pragmatism in all of the Justices' opinions and revealing the unworkability of both judicial restraint and new formalism, Professor Althouse concludes that Commerce Clause analysis should examine, in a newly forthright manner, the comparative capabilities of the federal courts, Congress, and the state legislatures and courts.

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38 Ariz. L. Rev.  793 (1996)

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