Translating: Useable Tools

What's needed is a set of useable tools to effect federalism's ends: Doctrine that gives the Court the ability to craft limits on federal power (to satisfy, in other words, fidelity to meaning), without triggering a fidelity to role concern. These five cases evince techniques that serve that function well, if imperfectly. Gregory deploys a clear statement rule. Justice O'Connor's opinion in Dole crafts a useable limit on spending authority. New York and Printz develop an anti-commandeering rule for both legislatures and executives. Sebelius draws a line between the regulation of activity and non-activity. What commends each of these tools is the relative stability in their deployment. What marks Sebelius in particular was its being wrapped in an opinion that actually upheld Obamacare, despite framing a doctrine that will limit commerce authority. How is does that mirror Marbury? -LL