The Yale Law Journal

Gregory Ablavsky

Article

Empire States: The Coming of Dual Federalism

Gregory Ablavsky

In the standard account of federalism’s eighteenth-century origins, the Framers divided government power among two sovereigns to protect individual liberties. This Article offers an alternative history. It emphasizes that federalism was a form of centralization—a shift of authority from diffuse quas…

Article

Beyond the Indian Commerce Clause

Gregory Ablavsky

The Supreme Court has described the Indian Commerce Clause as the primary constitutional basis for federal exclusive and plenary power over Indian affairs. Recently, Justice Clarence Thomas, citing current scholarship, has argued that the Clause’s …