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Rehnquist-Led Court Shifts Power to States but Emerging 'Judicial Federalism' Divides Justices

By: Robert Marquand, writer of The Christian Science Monitor | The Christian Science Monitor, April 17, 1996 | Article details

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Rehnquist-Led Court Shifts Power to States but Emerging 'Judicial Federalism' Divides Justices


Robert Marquand, writer of The Christian Science Monitor, The Christian Science Monitor


A COMBINATION of assertive state officials and the conservative wing of the Supreme Court is leading the nation into significant new constitutional waters - landmark rulings that limit federal power and give increased say-so to state capitals. Moreover, as of this week, potential new landmark rulings on behalf of states are on the horizon.

While bitterly opposed by the tribunal's moderates, this judicial "federalism" is quietly emerging as the hallmark of the Rehnquist-led court of the 1990s. Legal scholars now draw a breath to describe the range of challenges offered by conservatives to rethink the historic line between states rights and federal supremacy enshrined in …

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