(Download) "International Agreements and the Political Safeguards of Federalism. (Symposium on Treaties, Enforcement, And U.S. Sovereignty)" by Stanford Law School ~ eBook PDF Kindle ePub Free
eBook details
- Title: International Agreements and the Political Safeguards of Federalism. (Symposium on Treaties, Enforcement, And U.S. Sovereignty)
- Author : Stanford Law School
- Release Date : January 01, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 366 KB
Description
INTRODUCTION In a classic article written almost fifty years ago, Professor Herbert Wechsler claimed that "the national political process in the United States ... is intrinsically well adapted to retarding or restraining new intrusions by the center on the domain of the states." (1) In light of the political safeguards of federalism, he argued, the Supreme Court "is on weakest ground when it opposes its interpretation of the Constitution to that of Congress in the interest of the states...." (2) In short, given the safeguards for states' interests that are inherent in the political process, there is little need for the Supreme Court to fashion judicially created constitutional rules to protect the states against unwanted intrusions by the federal government.