| | When the national government was young, federalism stood for a stronger federal government. After the federal government became very strong, however, federalism has stood for keeping the federal government out of matters traditionally within the domain of state government, such as education, family law, medical care, and law enforcement. | | When the national government was young, federalism stood for a stronger federal government. After the federal government became very strong, however, federalism has stood for keeping the federal government out of matters traditionally within the domain of state government, such as education, family law, medical care, and law enforcement. |
| − | Chief Justice William Rehnquist was a proponent of (modern) federalism and curbing the overreaching of the federal government. His leading decision was a 5-4 ruling in ''Lopez v. United States'', 514 U.S. 549 (1995), which invalidated on federalism grounds a federal law prohibiting the carrying of firearms within 1,000 feet of the grounds of a public, parochial or private school. | + | Chief Justice William Rehnquist was a proponent of (modern) federalism and curbing the overreaching of the federal government. His leading decision was a 5-4 ruling in ''[[United States v. Lopez]]'', 514 U.S. 549 (1995), which invalidated on federalism grounds a federal law prohibiting the carrying of firearms within 1,000 feet of the grounds of a public, parochial or private school. The leading [[Supreme Court]] decisions in favor of federalism, nearly all written by Justice or Chief Justice [[William Rehnquist]], are: |
| | Justice Kennedy, who as of 1997 was the pivotal fifth or "swing" vote on the [[U.S. Supreme Court]], has also embraced federalism. "[F]ederalism was the unique contribution of the Framers to political science and political theory. Though on the surface the idea may seem counter-intuitive, it was the insight of the Framers that freedom was enhanced by the creation of two governments, not one."<ref> ''United States v. Lopez'', 514 U.S. 549, 576 (1995) (Kennedy, J., concurring) (citing Friendly, “Federalism: A Foreword,” 86 Yale L. J. 1019 (1977) and G. Wood, ''The Creation of the American Republic, 1776-1787'', pp. 524-532, 564 (1969).)</ref> | | Justice Kennedy, who as of 1997 was the pivotal fifth or "swing" vote on the [[U.S. Supreme Court]], has also embraced federalism. "[F]ederalism was the unique contribution of the Framers to political science and political theory. Though on the surface the idea may seem counter-intuitive, it was the insight of the Framers that freedom was enhanced by the creation of two governments, not one."<ref> ''United States v. Lopez'', 514 U.S. 549, 576 (1995) (Kennedy, J., concurring) (citing Friendly, “Federalism: A Foreword,” 86 Yale L. J. 1019 (1977) and G. Wood, ''The Creation of the American Republic, 1776-1787'', pp. 524-532, 564 (1969).)</ref> |