Texas Law Review Archives
 

Volume 80
2001-2002

Issue Number 2


Essay:

Bradford R. Clark, Putting the Safeguards Back Into the Political Safeguards of Federalism, 80 TEXAS L. REV. 327 (2001).

 

Abstract:

In this essay, Professor Clark argues that the scholarship regarding political safeguards lacks an adequate appreciation of precisely how the political safeguards function to preserve the governance prerogatives of the states.  Clark argues that commentators who invoke the political safeguards to limit judicial review in federalism cases should nonetheless favor vigorous judicial enforcement of constitutionally prescribed lawmaking procedures.  This essay suggests that reliance on the political safeguards to restrict judicial review in federalism cases necessarily presupposes judicial review to enforce federal lawmaking procedures and that commentators who invoke the political safeguards for this purpose should urge courts to invalidate unconventional federal lawmaking.
 

 

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