[20050719]RS22199_联邦制判例：奥康纳法官的意见.pdf

1 Erwin Chemerinsky, Justice OConnor and Federalism, 32 McGeorge L. Rev. 890 (2001).2 Stephen J. Wemeil, OConnor: A Dual Role: Introduction, 13 Womens Rts. L. Rep. 129, 131(1991).3 426 U.S. 833 (1976). In Usery, the Court struck down generally applicable federal wage and(continued.)Congressional Research Service The Library of CongressCRS Report for CongressReceived through the CRS WebOrder Code RS22199July 19, 2005Federalism Jurisprudence: The Opinions ofJustice OConnorname redacted and name redactedLegislative Attorneys American Law DivisionSummaryJustice OConnor has joined the majority of the Court on many important decisionswhich resulted in limits on federal power. In majority opinions regarding the TenthAmendment, sovereign immunity, and the power of Congress under the 14thAmendment, she has emphasized the dictates of the Founding Fathers and noted thepolicies underlying federalism such as the promotion of state accountability.During the 1990s, the Supreme Court issued a series of 5-4 opinions regardingfederalism and the limits of federal power. These cases dealt with issues such as the TenthAmendment, the Commerce Clause, sovereign immunity, and 5 of the 14th Amendment.Justi