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Native American Sovereignty

See American Indians and Federalism

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McCarran-Ferguson Act

In enacting the McCarran-Ferguson Act in 1945, the U.S. Congress established in law the current unique regulatory regime of the states in regard to the nation’s…

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Dormant Commerce Clause

See Commerce among the States.

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Gonzales v. Raich (2005)

Gonzales v. Raich, 545 U.S. 1 (2005) is an important episode in struggles between the federal government and states over drug regulations. Angel Raich…

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Interstate Commerce Act of 1887

On April 5, 1887, the Interstate Commerce Act became law. Its purpose was to stop unfair railroad practices carried out by monopolies. From the…

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Commerce with the Indian Tribes

The power to regulate commerce with the Indian Tribes was placed in the Constitution to clarify and continue a power over Indian commerce and…

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Commerce with Foreign Nations

The Article I, Section 8 power to regulate foreign commerce, the power that helped bring about the Constitution, has not caused the Court to…

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Comity

“Comity” is generally recognized as a courtesy or privilege extended as a matter of deference and good will rather than as a matter of…

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New Judicial Federalism

See State Constitutional Rights Federalism.

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Reapportionment

“Apportionment” refers to the allocation of representatives in legislative bodies to particular geographical units, while “districting” refers to the design of the geographically based…

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Sovereign Immunity

See Eleventh Amendment

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Coercive Federalism

Coercive federalism is a period of American federalism that began in the late 1960's. It is characterized by substantial growth in the power of the federal…

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