University of Michigan Law School University of Michigan Law School Scholarship Repository Articles Faculty Scholarship 2014 The urJ isprudence of Union Gil Seinfeld University of Michigan Law School,
[email protected] Available at: https://repository.law.umich.edu/articles/912 Follow this and additional works at: https://repository.law.umich.edu/articles Part of the Constitutional Law Commons, Courts Commons, Jurisdiction Commons, Jurisprudence Commons, and the Supreme Court of the United States Commons Recommended Citation Seinfeld, Gil. "The urJ isprudence of Union." Notre Dame L. Rev. 89, no. 3 (2014): 1085-143. This Article is brought to you for free and open access by the Faculty Scholarship at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Articles by an authorized administrator of University of Michigan Law School Scholarship Repository. For more information, please contact
[email protected]. \\jciprod01\productn\N\NDL\89-3\NDL302.txt unknown Seq: 1 10-FEB-14 13:39 THE JURISPRUDENCE OF UNION Gil Seinfeld* ABSTRACT The primary goal of this Article is to demonstrate that the interest in national unity does important, independent work in the law of vertical federalism. We have long been accustomed to treating union as a constitutionally operative value in cases involving the duties states owe one another (i.e. horizontal federalism cases), but in cases involving the relationship between the federal government and the states, the interest in union is routinely ignored. This Article shows that, across a wide range of cases relating to the allocation of power between the federal govern- ment and the states, the states are constrained by a duty to acknowledge their status, and their citizens’ identities, as members of a political community that is national in scope.