In 1976, in National League of Cities v. Usery, the Supreme Court distinguished acts of Congress regulating commercial relations from acts of Congress commanding the terms of state services. Last Term, in Garcia v. San Antonio Metropolitan Transit Authority, the Court abandoned the distinction and held that it was principally for Congress to determine federalism questions. In this Comment, Professor Van Alstyne criticizes the Court on both counts.
William W. Van Alstyne,
The Second Death of Federalism,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol83/iss7/3