Part II discusses how horizontal federalism doctrines could inhibit
To get a sense of how horizontal federalism can restrict state
The aptness of the term in these horizontal federalism cases, it would seem, is bound up in the mutuality of the relevant obligations and the cooperative spirit that lies at their core.
Moreover, there is overlap in the justifications offered by the Court for key features of tax immunity doctrine and the justification relied upon to support some of the comity-oriented norms familiar to us from the law of horizontal federalism.
If you want to know what unites the burgeoning work on horizontal federalism
and illuminates the hidden logic of its doctrine, you need know only one fact: lawyers hate spillovers.
Judith Resnik, Foreign as Domestic Affairs: Rethinking Horizontal Federalism
and Foreign Affairs Preemption in Light of Translocal Internationalism, 57 Emory L.
Smith describes horizontal federalism
as mechanical, formalist, and impersonal.
This horizontal federalism
reflects the view that each state
Resnik, supra note 8, at 1106-21; see also, Judith Resnik, Foreign as Domestic Affairs: Rethinking Horizontal Federalism
and Foreign Affairs Preemption in Light of Translocal Internationalism, 57 EMORY L.
Indeed, second-best solutions of this sort are just what we would expect from one of the political institutions safeguarding horizontal federalism
This study investigates the level of horizontal federalism
in state civil liberties interpretation through a citation analysis of state constitutional decisions.
But the system also will create opportunities for national majorities by enabling national politics to take shape through sub-federal politics and decision-making-a lesson apparent in the discussion of horizontal federalism
in Part II.
Allan Erbsen recently identified the interrelationship between somewhat analogous concepts that he called horizontal federalism
and vertical federalism.
has been defined as "federalism in which states look to each other for guidance.
21) While Williams acknowledges that horizontal federalism
is a "very common approach" (p.