David L. Sloss offers a progressive theory of judicial review in which he calls for more deference from the federal judiciary in areas where Congress has intruded on the powers of the states. Sloss contends that when the courts “engage in aggressive judicial review to invalidate federal legislation on the grounds that it allegedly violates federalism principles, the Court itself violates [the people’s] affirmative, collective right to maintain control over our government by transferring decision-making authority from a government entity that is accountable to the people.” Read more here.
