Is Missouri v. Holland still good law? Federalism and the treaty power

Article Abstract:

The doctrinal trend of the US Supreme Court to limit the reach of federal power under the Commerce Clause in deference to state sovereignty interests should not be followed in the area of the federal treaty power. The Court's 1920 decision in Missouri v. Holland established that federalism issues do not arise in the area of the treaty power. States have adequate protection in this area through operation of political processes. Precedential, practical, and foreign affairs considerations support not disturbing the federal power.

United States, States, State rights

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Direct and collateral federal court review of the adequacy of state procedural rules

Article Abstract:

Traditional interpretation holds that federal courts determining whether a state procedural rule unduly burdens the attempt to assert a federal right, examine the rule on its face, rather than in specific cases. In fact, the history of the Supreme Court's reviews of procedural rules show that it has used both approaches. Federal courts should use only a facial analysis in direct review, but should be able to examine fact of specific cases in habeas corpus review.

Company legal issue, Cases, Federal jurisdiction, Habeas corpus, Procedure (Law)

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Does federalism constrain the treaty power?

Article Abstract:

Sovereign immunity and the anticommandeering priciple could potentially serve as devices to limit the extent to which the federal government can enforce state compliance to the terms of international treaties. However, the use of foreign compacts by states combined with treaties could address these concerns and keep treaty power unconstrained.

Other Justice, Public Order, and Safety Activities, Constitutional Procedures, Interpretation and construction, Constitutional law, Constitutional interpretation, Sovereign immunity

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