Loading...
Thumbnail Image
Publication

Foreword: Federalism All the Way Down

Gerken, Heather
Abstract
We make much of "Our Federalism."' The Supreme Court routinely crafts doctrine to further its ends, and paeans to federalism regularly appear in law reviews. Federalism is a system that permits minorities to rule, and we are intimately familiar with its benefits: federalism promotes choice, competition, participation, experimentation, and the diffusion of power. The Court reels these arguments off as easily as do scholars.