Document Type

Article

Publication Title

Touro Law Review

Publication Date

Winter 1998

Abstract

I would like start by trying to define the term "federalism." What is federalism? There are a number of definitions. The "federalists" were the ones that were supporting the new government, and the so-called "anti-federalists" were the ones opposing it. In truth, the anti-federalists were more federalistic than the federalists were. The anti-federalists feared the central power of the government, and the federalists were pushing for some level of support I like to use federalism to define the allocation of power in our scheme of government between states, localities and the federal government, and not as an identification for a point of view that discusses what the appropriate allocation should be. A couple of questions I will focus on with respect to these cases, including the voting rights cases, are as follows: first, what do the cases of the last two terms of the court mean for the allocation of power between the federal, state and local government? Second, what do they predict for the future?

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