Response to Imperfect Statutes, Imperfect Courts: Understanding Congress’s Plan in the Era of Unorthodox Lawmaking
Vol. 129 No. 1 Professor Abbe Gluck is far more steeped in the scholarly literature on statutory interpretation than I, and far more familiar with the workings of...
Vol. 122 No. 8 In recent years, the Supreme Court has embraced a freestanding federalism that is not tied to any particular clause of the Constitution. Rather, because multiple clauses assume the
continued existence of states and set up a government of limited and enumerated powers, the Court has inferred that such provisions collectively convey a purpose to establish federalism and to preserve a significant degree of state sovereignty. The Court has treated that general background purpose as a warrant to derive specific but unenumerated limitations on federal power β in particular, a federalism clear statement rule, an anticommandeering principle, and broad state sovereign immunity from suit in state courts.