The real error of the court's federalism decisions is that "the states are permitted to act unjustly" behind the shield of sovereign immunity.

In its latest federalism decision, the Supreme Court ruled on Monday that states are not immune from private lawsuits brought under federal bankruptcy law.

To what extent have the Court's recent federalism decisions taken these considerations into account?

The consequences that I have just described do not show the Court's federalism decisions are wrong.

"There was less political resistance to the court's federalism decisions than abortion and school prayer, because they're less on the radar screen," Professor Yoo said.

Consequently, he would often take part in major federalism decisions.

With a slim 5-to-4 majority in place, the federalism decisions underscored the political reality that the election could tip the court's balance on the issue.

We must evaluate the Court's federalism decisions in terms of both forms of liberty - their necessary "combination."

But will the Court's recent federalism decisions encourage or discourage those co-operative, or incentive-based, regulatory methods?

Even in its tilt toward the states in its recent series of federalism decisions, the court has not gone that far.