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Constitutional Law

Translating Federalism, v2

If the retreat circa 1937 was a response to an effective constitutional amendment — as Bruce Ackerman has argued — then absent another federalism amendment, the struggle to craft limits on federal power in the name of federalism should have come to an end. But it did not. Instead, the Court continues its struggle to find ways to limit federal power. In this section, we begin with a case that evinces fidelity to role reasons for ending federal court protection of states from federal taxes. In National League and Garcia, we see first an effort at crafting limits, and then a retreat that echos the justification given in New York. -LL