Printz, state sovereignty, and the limits of formalism
Article Abstract:
The US Supreme Court's formalist reasoning in Printz v. United States was inappropriate and so failed to provide a standard by which future cases could be judged. The Supreme Court's decision supported state sovereignty by declaring state officials need not help administer a federal handgun law. The decision was based on models of statehood and the federal executive that were not rooted in history, constitutional text or the practical interplay between state and federal functions. Even those who agree with the decision should be disconcerted by the reasoning.
Publication Name: Supreme Court Review
Subject: Law
ISSN: 0081-9557
Year: 1997
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The new etiquette of federalism: New York, Printz, and Yeskey
Article Abstract:
The Supreme Court's doctrine, announced in Printz v. U.S., New York v. U.S., and Pennsylvania Department of Corrections v. Yeskey, that the federal government cannot "commandeer" state officials is discussed. The authors contend that the 'anti-commandeering' doctrine, without the establishment of a clear and workable distinction between permissible federal preemption of state law and impermissible commandeering, may undermine the supremacy of federal law.
Publication Name: Supreme Court Review
Subject: Law
ISSN: 0081-9557
Year: 1998
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