Not fair to NYT

[Frank Cross]

Too often debates about federalism get confounded with debates about
decentralization.  I think that the NYT article on leaving the decision to
Oregon was well-founded under principles of the occasional wisdom of
decentralized decisionmaking.  The Times did not take a position on the
federalism issue -- whether Congress had the constitutional power to do so,
they just questioned the wisdom of the action.

And I don't think S.Ct. Justices are any more principled, as evidenced in
my USC L Rev. article that I have already promoted





Frank Cross
Herbert D. Kelleher Centennial Professor of Business Law
CBA 5.202
University of Texas at Austin
Austin, TX 78712