JOURNAL ARTICLE

Rethinking the Supreme Court's Impact on American Federalism and Centralization.

  • Published In: Publius: The Journal of Federalism, 2023, v. 53, n. 2. P. 153 1 of 3

  • Database: Academic Search Ultimate 2 of 3

  • Authored By: Dichio, Michael A; Somin, Ilya 3 of 3

Abstract

This article critically reevaluates the conventional view that the U.S. Supreme Court is a consistent force for centralization in American federalism. It argues that Supreme Court decisions upholding federal or state/local laws against constitutional challenges should be classified as neutral rather than centralizing or decentralizing, since such rulings maintain the status quo rather than altering the balance of power. Applying this revised classification to historical data reveals that the Court’s net centralizing impact is significantly less pronounced than traditionally believed, with legislative and executive branches playing a more substantial role in centralization. The article highlights how this reinterpretation affects understanding of key periods like the New Deal and Civil Rights eras, suggesting the Court’s role in shaping federal–state power boundaries is more limited and complex than standard accounts indicate.

Additional Information

  • Source:Publius: The Journal of Federalism. 2023/04, Vol. 53, Issue 2, p153
  • Document Type:Article
  • Subject Area:Law
  • Publication Date:2023
  • ISSN:0048-5950
  • DOI:10.1093/publius/pjac035
  • Accession Number:163024102
  • Copyright Statement:Copyright of Publius: The Journal of Federalism is the property of Oxford University Press / USA and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

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