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Abstract

Part I of this Note offers a brief account of the two main theories of

federalism protection: the political safeguards (or process federalism) and

judicial review. Part II then suggests a dual-safeguards approach as the single

constitutionally grounded theory, and proceeds to situate the procedural

safeguards and, importantly, judicial review, in the history, text, and structure

of the Constitution. Next, delving into the Court’s New Federalism line of

decisions, Part III analyzes the implications for these two constitutionally

grounded safeguards to deduce the proper framework for their respective

applications. It suggests that while political safeguards may be conceived in

terms of state sovereignty, the Court should frame its analysis in terms of

constitutional limits on federal power. Furthermore, Part III demonstrates

that judicially imposed limits on constitutionally enumerated powers offer a

workable, and desirable, framework in practice. Part IV then explains why

such a framework matters and defends state sovereignty as an end worthy of

it all.

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