This article analyzes the last turn in Justice Holmes's constitutionally crooked path, largely by penetrating to the very core of the Supreme Court's recent decision in Alden v. Maine. Part I therefore traces the Court's waffling attitude towards the division of regulatory power between the state and federal governments. Then, against this backdrop, Part II takes the jurisdictional turn by analyzing the Court's most recent attempt to resuscitate the Tenth Amendment's check on Congress's Commerce Power. To sharpen the focus, much of this article will focus on the Fair Labor Standards Act, a federal statute that always seems to sit at the center of the Court's federalism storm.
Mitchell B. Weiss,
Mr. Justice Holmes's Constitutionally Crooked Path Part II: The State Sovereignty Jurisdictional Stopgap ,
47 Clev. St. L. Rev.
available at https://engagedscholarship.csuohio.edu/clevstlrev/vol47/iss4/5