the conflict between the two levels of government, state and federal, is a very old one. The main battleground of this debate, however, has been over states' rights and the protection of individual rights by federal courts. As John Hart Ely observed, this is not where federalism hangs in the balance. He correctly points out what is becoming obvious in recent Supreme Court decisions. For the existence of states as independent entities, it is more important where legislative competence lies. 3 This Article is concerned with the groundwork for a debate over the distribution of legislative competence, because it attempts to describe the structure in which these powers are allocated-the structure of democracy within federalism.
Democracy Within Federalism: An Attempt to Reestablish Middle Ground,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol37/iss2/3