Garcia and the Political Safeguards of Federalism: Is There a Better Solution to the Conundrum of the Tenth Amendment?

In Garcia v. San Antonio Metropolitan Transit Authority (1985),Justice Harry Blackmun held that the Tenth Amendment does notprevent the Congress from subjecting state and local governmentsto the provisions of the Fair Labor Standards Act, concludingthat the "political safeguards offederalism" are generally adequateto protect state interests on the national scene. This articleexamines the intellectual foundations of the "political safeguardsof federalism" and finds them inadequate. It then surveys thepost-Garcia scholarship to ascertain whether an alternativetheory of the Tenth Amendment has emerged. Concluding that ithas not, the author suggests the need for afresh approach inview of the hints contained in Justice Sandra Day O'Connor'sopinion in Gregory v. Ashcroft (1991) that five justices maybe ready to reexamine the central thesis of Garcia.     

Widows and neighbors,cornfields and magueys. The impact of population increase in the Toluca Valley: the case of Tenango del Valle during the eighteenth century

The author examines the effect of rapid population growth due to migration on the parish of Tenango del Valle, Mexico, during the eighteenth century. She gives special consideration to the impact on quality of life in indigenous villages, especially for widows and female heads of households who were impoverished as a result of discriminatory land transactions. Data are mainly from the parish register for 1770.