This Note reviews the history of American federalism with particular emphasis on a comparison of the reality of the birth of American federalism with the myth that shrouds that event. The interplay of the several levels of American government in the federal system has been called "cooperative federalism." The Note describes cooperative federalism as a process and criticizes the use of federalism as a rationale for the implementation of policy decisions.' The Note next considers the Supreme Court's current analysis of federalism issues that have arisen when Congress has exercised its powers under the commerce clause and identifies the contradictions and confusions that result when myth and reality are intermingled in the Court's analysis.
Robert C. Brighton, Jr.,
Separating Myth from Reality in Federalism Decisions: A Perspective of American Federalism--Past and Present,
35 Vanderbilt Law Review
Available at: https://scholarship.law.vanderbilt.edu/vlr/vol35/iss1/3