The End of the Federalism Five? Statutory Interpretation and the Roberts Court

Shortell, Christopher

doi:10.1093/publius/pjs016

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Cited by 7 publications

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“…The Court in the final decade of the twentieth century was also more willing than its predecessors to sustain state autonomy when interpreting various provisions of the bill of rights (Dinan 1999, 174–77). Building on studies of federalism decisions issued in recent years (Shortell 2012; Banks and Blakeman 2012; Banks and Blakeman forthcoming; Somin 2016), this article assesses the degree to which the Court in the twenty-first century has followed or departed from late twentieth-century rulings.…”

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confidence: 99%

The U.S. Supreme Court and Federalism in the Twenty-first Century

Dinan

2017

State and Local Government Review

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This article analyzes the U.S. Supreme Court’s record in twenty-first-century federalism cases and compares these rulings with rulings issued in the late twentieth century, a time when the Court was aggressive in invalidating federal acts on federalism grounds and reluctant to limit state authority when reviewing state acts. The twenty-first-century Court has displayed a continued willingness to enforce limits on federal power when reviewing federal statutes but has been less willing than in recent years to sustain state laws with an eye to preserving state autonomy.

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confidence: 99%