This Article uses the recent Supreme Court decision in Crosby v. National Foreign Trade Council as the vehicle for examining the way in which the U.S. constitutional law of federalism might be responding to globalization. Part II develops the argument that globalization as such has no strong implications for domestic constitutional law. The remainder of the Article examines the U.S. constitutional response to the aspect of globalization revealed in Crosby, and argues that the Court's decision in Crosby is in tension with its other federalism decisions. But, the Article argues, that tension arises not from the fact that Crosby arises from globalization and implicates foreign affairs but from the Court's limited willingness to develop a robust law of federalism.
36 Tulsa L.J. 11-41 (2000)
Scholarly Commons Citation
Tushnet, Mark V., "Globalization and Federalism in a Post-Printz World" (2000). Georgetown Law Faculty Publications and Other Works. Paper 257.