Saving Federalism

For decades, conservative defenders of the prerogatives of state governments have warned that modern theories of “cooperative federalism” are just veils for a vast expansion of federal power at the expense of the states. Today, progressive legal scholars increasingly voice the same view, if with approval rather than concern. This newfound honesty about the condition of American federalism should help conservatives — and the courts — revive the case for the genuine dual sovereignty envisioned by our Constitution.