Presidential Politics as a Safeguard of Federalism: The Case of Marijuana Legalization

TLDR: For instance, the authors argued that the United States constitutional system best preserve federalism. But the main lines of argument are well worn. And there are important aspects of the political safeguards of federalism debate that need to be addressed.

Abstract: How does the United States constitutional system best preserve federalism? The debate over the so-called “political safeguards of federalism” asks whether federal courts can and should defer to the political process or instead apply non-deferential judicial review when confronting a claim that federal legislation has exceeded the enumerated powers of Congress. With this debate now approaching its sixtieth year, its main lines of argument are well worn. Nevertheless, there are important aspects of the political