Writing for the majority in the Mack/Printz case, Justice Antonin - TopicsExpress

Writing for the majority in the Mack/Printz case, Justice Antonin Scalia explained: As Madison expressed it: The local or municipal authorities form distinct and independent portions of the supremacy, no more subject, within their respective spheres, to the general authority than the general authority is subject to them, within its own sphere. The Federalist No. 39, at 245. [n.11] This separation of the two spheres is one of the Constitutions structural protections of liberty. Just as the separation and independence of the coordinate branches of the Federal Government serve to prevent the accumulation of excessive power in any one branch, a healthy balance of power between the States and the Federal Government will reduce the risk of tyranny and abuse from either front.”

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