•  
  •  
 

William & Mary Bill of Rights Journal

Authors

Paul D. Moreno

Abstract

This article provides the broad historical context necessary to understand contemporary developments in federalism doctrine. It shows that dual federalism has a long and varied history and that federalism is a content-neutral principle to which both sides in major political contests have appealed. It seeks to show that the predominant perspective on federalism today - that it is an inherently conservative principle - is the result of historical misperception. This article reinterprets the history of American federalism in light of recent historical scholarship concerning various periods: principally the country's founding; slavery, the Civil War, and Reconstruction; the late nineteenth-century social question; and the Progressive Era.

Share

COinS