Federalism and the Supreme Court In the 1990s

Law / April 23, 2015 / No Comments /
Examines new trends towards states rights seen in Supreme Court cases since 1992. Examination reveals that these Supreme Court cases have given more power back to the state rather than the federal government.

“Supreme Court cases since 1992 have given more power back to the states rather than the federal government. In the history of the nation, the balance of power between the states and the national government has shifted many times. The Supreme Court has previously provided additional support to congresses obsessed with the further federalization of government control by upholding federal supremacy in almost every area. This is no longer so. The current Supreme Court under Chief Justice Rehnquist has supported the states in four recent and significant cases. Two of these cases, United States v. Lopez and Seminole Tribe of Florida, Petitioner v. Florida, et al., have ended the congressional practice of regulating local and intrastate affairs via the commerce clause in the Constitution. States’ rights to local sovereignty reserved under the 10th Amendment were upheld by two other cases, New York v. United States and Printz, Sheriff/Coroner, Ravalli County, Montana v. United States. When considered together, these four cases as well as the nature of the opinions written about them present an overall trend towards states’ rights.”

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