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Federalism and the Contrivances of Public Law
Beginning of article
INTRODUCTION
The specter of federalism is stalking public law. Through its recent resuscitation of constitutional limitations on Congress's power to legislate under the Commerce Clause,1 the United States Supreme Court appears amenable, for the first time in generations, to striking down a range of public welfare laws. Most recently, the Rehnquist Court wielded the blunt side of its federalist ax in Solid Waste Agency of Northern Cook County v. United States Army Corps of Engineers (SWANCC)2 to strike down on statutory grounds a major component of the Federal Clean Water Act.3 Although SWANCC has been underestimated in the shadow of the more straightforward Commerce Clause …
