ABSTRACT
In perhaps the most famous rhetorical gesture of the New Federalism,1 Chief Justice Rehnquist opined that “[t]he Constitution requires a distinction between
* This chapter contribution is excerpted from: Federalism and the Tug of War Within: Seeking Checks and Balance in the Interjurisdictional Gray Area 66 mD. L. rev. 503 (2007). These excerpts are used with permission of the Maryland Law Review. While not indicated in the text here, these excerpts omit significant portions of the original article at the end of Parts I and II, after the third paragraph of Part II, and at the end of Part III, where this chapter concludes. Section numbers and note numbers have been changed from the original article to reflect their current arrangement in this chapter. See the original article for the complete discussion. Erin Ryan retains the right to use any and all parts of this work in the future without further permission from Ashgate Publishing.
