Putting the Safe Back Into the Safeguards of Federalism: A Comparative Analysis of the Complexities of Political Safeguards
To fully comprehend how the political safeguards of federalism actually guard federalism and preserve the Constitutional balance between State and national government, we must chart its history in order to better ascertain the implications of political safeguards in our day. In contrasting the work of Wechsler and Kramer with that of Smith, we are able to view the complexities concerning the debate as to how political parties and judicial reviews function to safeguard federalism. In building off Kramer’s views that informal means such as political parties constitute a political safeguard of federalism, we draw attention to the potential obstacles that interest groups pose to the safeguarding process [...]