TOWARD A NEW JURISPRUDENCE OF CONSTITUTIONAL FEDERALISM - THE SUPREME-COURT IN THE 1990S AND PUBLIC-ADMINISTRATION

In the 1990s, narrow majorities on the Supreme Court have reinvigorate d constitutional federalism by strengthening dual sovereignty and deve loping a new jurisprudence for analyzing key principles of federalism. The new dual sovereignty enhances the Reserve Clause, limits Congress 's Commerce Clause powers, and broadens the 11th Amendment's sovereign immunity. The new jurisprudence promotes policy and administrative di versity among the stares, thereby enhancing their ability to serve as laboratories for the development of public management theories and pra ctices. The new reality of enforceable constitutional limits to nation al power can invigorate discourse about federalism within the public a dministration community. In practice, the new jurisprudence makes some national cooperative federalism arrangements more costly or impossibl e. The jurisprudence is conceptualized as federalism, not intergovernm ental relations, and it does not speak specifically to local governmen tal matters. In addition, it is not well suited for analyzing and reso lving collective action problems.