Bulletin n. 1/2008
May 2008
CONTENTS
  • Section A) The theory and practise of the federal states and multi-level systems of government
  • Section B) Global governance and international organizations
  • Section C) Regional integration processes
  • Section D) Federalism as a political idea
    • Banks Christopher, Blakeman John
    Chief Justice Roberts, Justice Alito, and New Federalism Jurisprudence
    in Publius: The Journal of Federalism , vol. 38,n. 3, Summer - The State of American Federalism 2007–2008 ,  2008 ,  576-600
    The Rehnquist Court returned power back to the states in rulings that scholars have dubbed "New Federalism." The appointments of Chief Justice Roberts and Justice Alito invite speculation about the future direction of federalism cases in the Supreme Court. A survey of the Roberts Court's federalism rulings discovers that the ideological pathways of new federalism depend upon Justice Kennedy's swing vote and the effects the new appointments have on shaping voting coalitions in light of the vacancies they have filled. Although there is a reconfigured "States’ Rights Five" voting coalition, neither Roberts nor Alito endorses rigid viewpoints about federalism and it remains uncertain if the Court will return to the type of aggressive new federalism which arguably defined the legacy of the Rehnquist Court.
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