Federalism and Freedom: A Critical Review of Enhancing Government: Federalism for the 21st Century. By Erwin Chemerinksy. Stanford Law Books 2008. 299 pp.

Book Review by William H. Pryor Jr.

Chemerinsky's perspective of federalism as empowerment is radical. It is wrong. It is contrary to almost everything we know and have always known about federalism and our Constitution, and although Chemerinsky presents his perspective as novel, its error is ancient. To explain why Chemerinsky's perspective is wrong, I will address three questions. First, what is federalism? Second, why do Chemerinsky's criticisms of federalism fail? Third, why is Chemerinsky's alternative perspective of federalism as empowerment a flawed parchment guarantee of liberty?


About the Author

William H. Pryor Jr. Circuit Judge, United States Court of Appeals for the Eleventh Circuit; formerly Attorney General of Alabama, 1997-2004.

Citation

83 Tul. L. Rev. 585 (2008)