Clinton, Ginsburg, and Centrist Federalism

Miller, Russell A

Journal: Indiana Law Journal

Volume: 85

Year: 2010

Bluebook Citation: 85 IND. L.J. (2010)

Author: Russell A. Miller: all 6 publications


Abstract

This Article examines Justice Ginsburg's overlooked federalism jurisprudence and concludes that it almost perfectly complements President Bill Clinton's New Democratic centrism, especially his pro-state federalism agenda. The Article concludes that their nuanced, "centrist" approach to federalism has two characteristics. First,t hey value the states 'governing autonomy and show respect for the state agents that realize that autonomy. Second, they credit the states as intersubjective actors engaged in the pursuit of their interests, albeit in political processes usually carried out at the federal level.

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