Chapter

The Benefits of Intersystemic Adjudication

in Polyphonic Federalism

Published by University of Chicago Press

Published in print May 2009 | ISBN: 9780226736624
Published online March 2013 | e-ISBN: 9780226736648 | DOI: http://dx.doi.org/10.7208/chicago/9780226736648.003.0006
The Benefits of Intersystemic Adjudication

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This chapter demonstrates how intersystemic adjudication could fulfill the promise of polyphony. Federalism can ensure that the government of the United States continues to deserve the “high appellation” of “a government of laws.” The United States Constitution did not mandate a dual court system. State constitutional litigation represents one of the most important areas for the vindication of individual rights. The role of federal courts in interpreting the California Constitution shows some of the productive possibilities that a polyphonic approach allows. The legislative and executive branches of the federal government provide alternative avenues for the pursuit of policy preferences. The decision of the United States Supreme Court in Erie has served as a focus of scholarly resistance to intersystemic adjudication. Erie clarified that the state high court was the supreme interpreter of state law.

Keywords: intersystemic adjudication; polyphony; federalism; Constitution; state constitutional litigation; Supreme Court; Erie

Chapter.  12355 words. 

Subjects: Constitutional and Administrative Law

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