A fickle federalism: the Rehnquist Court hobbles Congress--and the states, too.

The revival of a doctrine of federalism that constrains the power of Congress has been a signature feature of the work of the Rehnquist Court. The Court's five-justice conservative majority has repeatedly held that the preservation of states' rights re quires broad new limits on what the national government may do to protect its citizens.

Indeed, the Court has invalidated a number of federal laws on these grounds, including part of the Violence Against Women Act, the background-check provision of the Brady Handgun Violence Protection Act and provisions giving individuals the right ...

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