U.S. Supreme Court and New Federalism

Christopher P. Banks is associate professor of political science atKent State UniversityJohn C. Blakeman is associate professor and chair of political science at theUniversity of Wisconsin-Stevens Point

• 1. “A Notably Conservative Court?”Plan of Book2. Federalism Politics & Policies: Old, New, and Progressive TrendsFederalism at the FoundingThe Evolution of Federalism JurisprudenceThe Founding and Nascent NationalismThe Civil War, Dual Federalism and the Rise of Economic NationalismThe Rise of the Democratic Welfare State Through Cooperative FederalismThe Judicial Role in New Federalism Politics3. The Rehnquist Court, New Federalism, and States’ RightsThe Politics of New FederalismRehnquist New FederalismRevolutionary and Counter-Revolutionary TrendsDormant Commerce ClauseProcess Federalism and Clear Statement RulesNew Federalism and the Constitutional Culture4. Federalism, Justice Clarence Thomas, and Religious Freedom in the StatesThe Rehnquist Court and Religious LibertyJustice Clarence Thomas and Establishment Clause FederalismHistorical Roots and Contemporary Approaches to Establishment Clause FederalismAssessing Establishment Clause FederalismThe Constituencies of Establishment Clause FederalismCongress and the ExecutiveRecent Developments in Federal LawThe Executive BranchState and Local GovernmentsInterest GroupsChurchesPublic Opinion and American Religious LifeReligious Liberty, Federalism, and the Roberts Court5. Federalism and GlobalizationFederalism, the Constitution, and Foreign Policy PreemptionStructural Shift from AboveStructural Change from BelowThe U.S. Supreme Court ResponseThe Sidelined CourtThe Confined CourtFlexible, Pragmatic Foreign Policy PreemptionDivided Court?Conclusion6. The Roberts Court and New FederalismFederalism and the New Roberts Court AppointmentsNew Directions of Federalism in the Roberts CourtStatutory Construction Cases: PreemptionConstitutional Cases: The Eleventh Amendment and Commerce ClauseConclusion

At a time when some of the most prominent cases on the Supreme Court's docket deal with determining the extent and limits of state and federal authority, whether regarding health care, immigration, or environmental protection, Christopher P. Banks and John C. Blakeman undertake a welcome analysis of the Court's evolving federalism jurisprudence and with particular attention to the Roberts Court.