@article{11480,
  author = {Keith E. Whittington},
  title = {Taking What They Give Us: Explaining the Court{\textquoteright}s Federalism Offensive},
  abstract = { <p>Over the past decade, the Supreme Court has been unusually active in striking down acts of Congress in the name of federalism. The Court{\textquoteright}s activism in this area is particularly striking since the judicial enforcement of federalism had largely been abandoned since the New Deal. The article offers a political explanation for the Court{\textquoteright}s federalism offensive. The federalism offensive can best be understood as a product of the Court taking advantage of a relatively favorable political environment to advance a constitutional agenda of particular concern to some individuals within the Court{\textquoteright}s conservative majority. The article elaborates each of these elements that have been supportive of the Court{\textquoteright}s actions, indicating the value of the new institutionalism to explaining judicial behavior and explaining why the Court{\textquoteright}s recent actions are distinct from the Court{\textquoteright}s actions leading up to the Court-packing plan and the judicial retreat of 1937.</p> },
  year = {2001},
  journal = {Duke Law Journal},
  volume = {51},
  pages = {477-521},
  url = {http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1134\&context=dlj},
  language = {eng},
}