The "Conservative" Paths of the Rehnquist Court's Federalism Decisions

ThisArticle broadly examines the conservative Rehnquist Court's federalism doctrines and, in doing so, explores the connections between judicial conservatism and a commitment to federalism. Three conclusions emerge First, although the Court has moved aggressively to advance federalism through well-known doctrines, it frequently proves more substantively conservative than it does profederalism when deference to state processes would shield liberal outcomes from federal reversal Second, path dependence largely explains why the Court, to the puzzlement of some; has relied heavily on sovereign immunity doctrine while proceeding cautiously in limiting Congress's powers under the Commerce Clause. Third, when path dependence precludes the Court from advancing its vision through constitutional holdings, the pro-federalism majority has deployed a phalanx of subconstitutional devices to protect local governments; especially from private lawsuits seeking damage& Overall, the Court's federalism revolution is distinctively a lawyers' revolution, with much of the significance inhabiting the often Byzantine details