Federalism in the twenty-first century: will states exist?

Article Abstract:

The erosion of state and local power by the federal government must end if states are to survive. Two current threats are the move to place child support under control of the federal bureaucracy and the Uruguay Round of GATT, which would supersede conflicting state laws. This trend toward loss of state power needs to be reversed so that states will be free to innovate. The US Supreme Court could assist in this effort by upholding congressional term limits and by reexamining its decisions in United States v Darby and in Garcia v San Antonio Metropolitan Transit Authority.

Forecasts and trends, Federal-state controversies

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But when exactly was judicially-enforced federalism "born" in the first place?

Article Abstract:

US constitutional history from 1787 to 1937 shows that judicially-enforced federalism has been largely mythical. The Founders envisioned politics, rather than the courts, as the principal limit on Congress' exercise of its Article I powers. Supreme Court enforcement of federalism did not really come until 1935 in response to New Deal legislation, only to be abandoned in 1937. A proper division of federal and state power has prevailed despite the lack of judicial enforcement.

United States, Interpretation and construction, History, Political aspects, Constitutional law, Constitutional interpretation, Constitutional history

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The Tao of federalism

Article Abstract:

Taoism's principle that everything is understood by knowing its opposite applies to the separation of state and federal powers because federalism does not mean that the states possess those powers the federal government does not claim. The US Supreme Court's approach to federalism has been contradictory and flawed. The Court's approach will be difficult to change despite the Court's ability to enforce federalism principles.

Influence, Beliefs, opinions and attitudes, Taoism

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