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Hastings Law Journal

Authors

Nicholas Heldt

Abstract

The Author has undertaken a perceptive analysis of the confusing case law dealing with states' rights and suggests a redefinition of the tenth and eleventh amendments in light of the principles they each embody. This redefinition speaks to the balance of power rather than the existence of certain powers and will allow the courts to isolate the issues relevant to federal-state conflicts when one amendment or the other is interposed as justification for a desired course of action.

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