Abstract
The goal of modern American federalism is to achieve a balance of powers between the state and federal sovereigns that best provides for the common good. In determining what balance best provides for the common good the interests of state and federal government must be weighed to determine which interest should intrude on the other, and to what extent, to serve the most people. In earlier cases, the United States Supreme Court, under the auspices of the tenth amendment, assumed the responsibility of determining when the intrusion of the federal government into state powers unconstitutionally offended that balance. In so doing, however, the Court did not create a useful test for determining at what point the intrusion of federal powers into state government became unconstitutional. That was because the Court was unable to perform a full federalism analysis, in which all the relevant interests were balanced to determine when the common good is no longer served.
DOI
https://doi.org/10.63140/-2.aqdze5g
Recommended Citation
Scofield, David W.
(1983)
"Recent Tenth Amendment Decisions-Judicial
Retreat From a Metaphysical Universe
and a Return of Federalism Analysis to
the Congressional Forum,"
Utah Law Review: Vol. 1983:
No.
2, Article 4.
DOI: https://doi.org/10.63140/-2.aqdze5g
Available at:
https://dc.law.utah.edu/ulr/vol1983/iss2/4