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Federalism's Future before the U.S. Supreme Court

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  • EUGENE W. HICKOK Jr.

Abstract

Since 1974, the U.S. Supreme Court's federalism jurisprudence, with one important exception, has continued to recognize the extensive authority of the national government. The Court has established the primary contours of the intergovernmental network. The sorts of federalism questions it now confronts usually concern the implementation of policies. The principal question, then, is not whether the national government can act but whether it can act in a certain way. This focus upon administration, rather than political principles underlying administration, has led to the development of a jurisprudence of intergovernmental affairs rather than federalism.

Suggested Citation

  • EUGENE W. HICKOK Jr., 1990. "Federalism's Future before the U.S. Supreme Court," The ANNALS of the American Academy of Political and Social Science, , vol. 509(1), pages 73-82, May.
    • Handle: RePEc:sae:anname:v:509:y:1990:i:1:p:73-82
    DOI: 10.1177/0002716290509001007
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