The Eclipse of Dual Federalism by One-Way Cooperative Federalism

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John Kincaid

Numerous and powerful political forces have vested interests in the contemporary idea of cooperative federalism, which prioritizes an obligation of states to cooperate with federal policy initiatives in a system that is essentially prefectorial administration. These forces make impossible any construction or reconstruction of dual federalism wherein states exercise substantial sovereignty. Even if the U.S. Supreme Court rendered more state-friendly rulings, those rulings would negligibly affect the balance of state-federal power.

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