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.
How to Cite
38 Ariz. L. Rev. 793 (1996)
18
Views
8
Downloads