Making federalism doctrine: fidelity, institutional competence, and compensating adjustments. From: William and Mary Law Review | Date: March 1, 2005| Author: Young, Ernest A. | COPYRIGHT 2005 College of William and Mary, Marshall Wythe School of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group.Copyright information

INTRODUCTION 
I.   DOCTRINE, STRUCTURE, AND THE JUDICIAL ROLE 
     A. The Problem of Doctrine 
     B. Compensating Adjustments and the Judicial Role 
        in Structural Cases 
        1. Our Adjustable Federalism 
        2. Incrementalism and Constraint 
II.  FIDELITY AND THE DIRECTION OF DOCTRINAL ADJUSTMENT 
     A. Fidelity and Its Limits 
        1. Text and History 
        2. Obligation and Interpretation 
     B. The Case for Adjustment 
        1. The Constitution's Incomple...

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