Inside the Federalism Cases: Concern About the Federal Courts

AuthorAnn Althouse
DOI10.1177/000271620157400110
Published date01 March 2001
Date01 March 2001
Subject MatterArticles
132
Inside
the
Federalism
Cases:
Concern
About
the
Federal
Courts
By
ANN
ALTHOUSE
Ann
Althouse
is
the
Irma
M.
&
Robert
W
Arthur-Bascom
Professor
of Law
at
the
University
of
Wisconsin
Law
School.
She
has
written
numerous
articles
on
the
subject
of
federalism
and
the
federal
courts.
ABSTRACT:
This
article
considers
some
of
the
Supreme
Court’s
re-
cent
efforts
at
preserving
the
role
of
state
and
local
government
de-
spite
vigorous
congressional
attempts
at
regulating
in
areas
that
had
traditionally
been
left
to
local
policymaking.
Focusing
on
the
com-
merce
clause
cases
and
cases
interpreting
Section
5
of the
Fourteenth
Amendment,
this
article
ties
federalism
interests
to
the
Supreme
Court’s
concerns
about
the
function
of
the
federal
courts:
the
statutes
that
prompted
the
Court’s
new
vigor
in
limiting
congressional
power
imposed
on
the
workload
of
the
federal
courts
and
on
what
the
Court
sees
as
the
judiciary’s
exclusive
role
of constitutional
interpretation.

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