Scholarly Articles and Other Contributions
 

Document Type

Article

Publication Date

2005

Abstract

In essence, this Article attempts to explain the underlying logic of two intersecting lines of recent Supreme Court decisions. The first line of cases concerns the allocation of constitutional power between the Nation and the States (i.e., cases about "federalism"); the other line concerns claims of individual right against exercises of purported State power (i.e., cases about "individual rights"). The federalism cases deal, respectively, with the powers of the States against Congress in the regulation of domestic matters"' and as against the Executive (and, less often, Congress) in influencing foreign affairs. The individual rights cases deal with equal access to State-provided benefits that take account of race" and with State regulation of private decisionmaking under the auspices of police power. Both lines of cases can be understood as efforts by the Supreme Court to adapt the American constitutional order to what it perceives as the necessities of globalization, and specifically to the successful transition from the constitutional order of the Nation State to that of the Market State.

Share

COinS
 
 

To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.