The U.S. Supreme Court's Federalism Jurisprudence: Alden v. Maine and the Enhancement of State Sovereignty

Abstract

In recent years, the U.S. Supreme Court's federalism jurisprudence has shielded states from certain aspects of Congress's policymaking and enforcement authority. Through its interpretations of the interstate commerce clause and of the Tenth and Eleventh Amendments, the Court has reminded Congress that its power to govern has limits. This article presents the major federalism cases of the 1990s, focusing on Alden v. Maine, the most important federalism decision of the 1998–1999 term. It concludes that the Court's interpretation of the Eleventh Amendment and the sovereign-immunity doctrine, which has constrained the federal government's power to authorize private suits against states for violations of federal law, poses a threat to a fundamental principle of the rule of law: “where there is a right, there is a remedy.”