JOURNAL ARTICLE

The Rule of Mayhem.

  • Published In: National Review, 2024, v. 76, n. 10. P. 46 1 of 3

  • Database: Academic Search Ultimate 2 of 3

  • Authored By: Greve, Michael 3 of 3

Abstract

This article examines the Roberts Court's approach to federalism and its effects on state-to-state relations. It argues that the Court has not provided clear guidelines to resolve conflicts between states and has exacerbated the issue with recent rulings. The article cites two specific cases as examples of the Court erasing legal distinctions and potentially causing interstate tension. It suggests that this approach may encourage state dominance and exploitation, and questions whether it aligns with the principles of the rule of law. The text also explores the Constitution's reflection of international law and its impact on clauses like the commerce clause and the full faith and credit clause. It emphasizes the role of federal courts in safeguarding federalism and enforcing these clauses. The article criticizes the Supreme Court's interpretation of the Constitution's federalism structure and the narrow, clause-based approach of modern originalism. It concludes by acknowledging the need to address the current understanding of federalism but expresses uncertainty about how to achieve this. [Extracted from the article]

Additional Information

  • Source:National Review. 2024/10, Vol. 76, Issue 10, p46
  • Document Type:Article
  • Subject Area:Law
  • Publication Date:2024
  • ISSN:0028-0038
  • Accession Number:179152367
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