Fordham Law School FLASH: The Fordham Law Archive of Scholarship and History Faculty Scholarship 1996 More Apparent Than Real: The Revolutionary Commitment to Constitutional Federalism Martin S. Flaherty Fordham University School of Law,
[email protected] Follow this and additional works at: https://ir.lawnet.fordham.edu/faculty_scholarship Part of the Law Commons Recommended Citation Martin S. Flaherty, More Apparent Than Real: The Revolutionary Commitment to Constitutional Federalism, 45 U. Kan. L. Rev. 993 (1996) Available at: https://ir.lawnet.fordham.edu/faculty_scholarship/731 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact
[email protected]. More Apparent Than Real: The Revolutionary Commitment to Constitutional Federalism Martin S. Flaherty* A full constitutional account of sovereignty and federalism calls for [understanding] the momentous constitutional issues at the heart of the American Revolution ... I. INTRODUCTION The legal community has rightly appreciated the influence of the American Revolution on the creation of the Constitution. In particular, legal scholars, judges, and lawyers have noted that the nation's revolu- tionary experience played an important role in shaping its commitment to federalism. Akhil Amar, for example, notes that "the problem of allocating power vertically between central and local officials," as faced by the Founders, "had cracked open the British Empire."' Steven Calabresi observes that "[t]he American Revolution obviously also had interlinked democracy and nationalism, but its final Federalist outcome muted the connection."3 Whether tied to the American Revolution or not, federalism embraces a bundle of concepts which are not always unpacked.