To understand the impact of new federalism on the field of public health law, I explore the development of the interrelated concepts of federalism, state police powers, and public health over time. This article concentrates on the theoretical and legal meanings of these concepts in American jurisprudence. Part II further defines the concept of federalism and its relation to the field of public health law. Part III thoroughly examines the traditional nature of the states' police powers as sources of state authority for public health laws and the corresponding localization of public health goals. The rise of the federal role in regulating public health and the nationalization of public health objectives is discussed in Part IV. Part V synthesizes the new federalism decisions of the Supreme Court into a discussion of the present and future impact of new federalism in the field of public health law. A brief conclusion follows.
James G. Hodge Jr., The Role of New Federalism and Public Health Law, 12 J.L. & Health 309 (1997-1998)