Doing it with Mirrors: New York v. United States and Constitutional Limitations on Federal Power to Require State Legislation

Authors

Martin H. Redish

Abstract

This Commentary points out that the decision in New York v. United States is flawed because the Court improperly equated the "enclave" model of federal power, which recognizes defined areas of state sovereignty, with the "enumerated powers" model, which merely inquires whether federal action falls within the scope of the federal government's enumerated power. Due to its structure, the Tenth Amendment should be analyzed solely under the "enumerated powers" model. This Commentary suggests that the limits of federal power over the states are properly found in and defined by the Commerce Clause.

Recommended Citation

Martin H. Redish, Doing it with Mirrors: New York v. United States and Constitutional Limitations on Federal Power to Require State Legislation, 21 Hastings Const. L.Q. 593 (1994).
Available at: https://repository.uclawsf.edu/hastings_constitutional_law_quaterly/vol21/iss3/4