The Formal Principle in the Novel

Flores, R.; Wright, Austin McGiffert

doi:10.2307/40139096

World Literature Today

1983

DOI: 10.2307/40139096

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The Formal Principle in the Novel

R. Flores¹,

Austin McGiffert Wright²

Abstract: JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact support@jstor.org.

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2001

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Why Federalism Must be Enforced: A Response to Professor Kramer

Hamilton

2001

SSRN Journal

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The United States Supreme Court has issued a series of opinions that turn on the Constitution's inherent principles of federalism, decisions that have alarmed many a legal scholar. Some scholars have attacked the Court for overstepping its bounds, and others have criticized the Court on the ground that the federal/state balance should be maintained through the political process rather than judicial review. The most recent advocate of this position, Professor Larry Kramer, recently argued in the Columbia Law Review that the political party structure ensures that state interests are taken into account at the federal level, and therefore the Supreme Court need not and should not enforce federalism guarantees. This criticism of the judicial enforcement of federalism fails as a matter of constitutional history and on empirical grounds. The Supreme Court in this era deserves praise, not criticism, for its recent federalism jurisprudence.

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Why Federalism Must be Enforced: A Response to Professor Kramer

Hamilton

2001

SSRN Journal

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show abstract

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The Formal Principle in the Novel

Cited by 1 publication

References 0 publications

Why Federalism Must be Enforced: A Response to Professor Kramer

Why Federalism Must be Enforced: A Response to Professor Kramer

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