This Article explores the long and intricate history of federalism, the arrangement between the federal and local governments to serve the people, in the United States. It begins with the beginnings of federalism in pre-colonial times and continues to discuss how recent Supreme Court decisions have failed to articulate a cohesive test for federalism issues. Ultimately, the Article proposes a method for resolving federalism disputes. This method focuses on the sociopolitical and economic benefits of federalism as the Framers intended. Further, it argues that courts should inquire as to the utility of either the federal or local government regulating a specific matter, and let each level of government do what it does best.
Dennis M. Cariello,
Federalism for the New Millennium: Accounting for the Values of Federalism,
26 Fordham Urb. L.J. 1493
Available at: http://ir.lawnet.fordham.edu/ulj/vol26/iss5/10