Separation of powers as a safeguard of federalism

Authors
Citation
Br. Clark, Separation of powers as a safeguard of federalism, TEX LAW REV, 79(6), 2001, pp. 1321-1458
Citations number
227
Categorie Soggetti
Law
Journal title
TEXAS LAW REVIEW
ISSN journal
00404411 → ACNP
Volume
79
Issue
6
Year of publication
2001
Pages
1321 - 1458
Database
ISI
SICI code
0040-4411(200105)79:6<1321:SOPAAS>2.0.ZU;2-1
Abstract
With all the obvious flaws of delay, untidiness, and potential for abuse, w e have not yet found a better way to preserve freedom than by making the ex ercise of power subject to the carefully crafted restraints spelled out in the Constitution.(1) [T]he equal vote allowed to each State [in the Senate] is at once a constit utional recognition of the portion of sovereignty remaining in the individu al Stares and an instrument for preserving that residuary sovereignty.(2)