| Abstract: | Scholars who have sought to assess the consequences of the RehnquistCourt's federalism decisions have identified various means bywhich Congress can overcome the effects of these rulings, butthere have been few efforts to investigate the degree to whichCongress has employed these means. This study finds that Congresshas enjoyed limited success in responding to the Court's rulings.Significantly, though, the failure to overcome the effects ofthese decisions is rarely attributable to the fact that theCourt's constitutional doctrines have erected insurmountablebarriers to congressional action. Rather, the Court's decisionshave forced congressional supporters of the invalidated statutoryprovisions to build and hold political coalitions in supportof the repassage of these laws, and this has frequently provedto be difficult to accomplish, whether due to a lack of enthusiasmfor such efforts, conflicts with other policy goals, or oppositionfrom other groups. |
