An empirical analysis of the underlying premises of the [abstract]

Abstract

Over the past 30 years, there has been a debate in courts and academia over whether federalism is better protected by judicial or political safeguards. In Garcia v. SAMTA (1985), the Supreme Court ruled that it would not decide 10th Amendment cases and that the political process adequately protects state interests and federalist structure of government. I examine various versions of this thesis advanced by both judges and academics and empirically scrutinize their underlying premises.