Anthony Lewis forgets federalism?

sandy levinson slevinson at MAIL.LAW.UTEXAS.EDU
Wed Mar 20 14:31:11 PST 2002


Michael McConnell asks:

Are Sandy and the Marks saying that the Printz
>principle (whatever they may think of it as a matter of constitutional
>interpretation) is not judicially enforceable, or that it is not important?
>
My own answer is the former.  Michael's examples are effective
illustrations of the importance of "the Printz principle" (assuming,
arguendo, that we can really distill it into a genuine "principle").  What
will be interesting is the extent to which it will survive, especially for
its conservative supporters, our new situation of an apparently endless war
against terrorism.  Will John Danforth really accept the remarkable
absolutism of the Scalia-O'Connor position that there is no interest so
compelling as to justify "conscription" of the state bureaucracy for
national ends?

sandy



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