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State Sovereignty and the Two Faces of Federalism
Brilmayer, Lea Lee, Ronald
Brilmayer, Lea
Lee, Ronald
Abstract
The Burger Court continues to remind us that our federal system is alive and well. The states are not political anachronisms which merely impede the progressive nationalization of the court system and the law. State territorial boundaries reflect truly sovereign borders, not just convenient administrative divisions. Admittedly, federal law governs more areas of conduct than before, and federal adjudicative jurisdiction has expanded accordingly. In addition, the increased mobility of citizens and capital renders state lines less important as a practical matter. Still, we are told, these trends do not spell the demise of state sovereignty or the complete centralization of legal institutions and power.