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Strengthening Federalism: The Uniform State Law Movement in the United States

By Robert A. Stein. Full text here.

This Article addresses the importance of uniform state laws in maintaining and strengthening federalism in the United States. The federal system of government established by the Constitution depends on an appropriate balance of federal and state law. Under the Tenth Amendment to the Constitution, powers not delegated to the federal government and not prohibited by the Constitution to the States are reserved to the States or to the people. In order for state law to be a viable alternative to federal law on issues as to which uniformity is desirable, it is essential that state law be uniform from state to state.