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111 Yale L.J. 619 (2001-2002)
Categorical Federalism: Jurisdiction, Gender, and the Globe

handle is hein.journals/ylr111 and id is 637 raw text is: Essay Categorical Federalism: Jurisdiction, Gender, and the Globe Judith Resnikt I. PLACING POWER The Constitution requires a distinction between what is truly national and what is truly local.' These words were used by the Chief Justice of the United States Supreme Court in 2000 to explain why a statute described by Congress as providing a civil rights remedy for victims of gender-biased assaults unconstitutionally trenched on lawmaking arenas belonging to the states. Neither the phrase truly local nor truly national appears in the United States Constitution. Indeed, the Court's reliance on the modifier truly suggested that calling something local or national did not suffice to capture the constitutional distinction claimed-that the Violence Against Women Act (VAWA) impermissibly addressed activities definitional of and reserved to state governance. This Essay considers the mode of analysis for which the phrases truly national and truly local are touchstones. Categorical federalism is the t Arthur Liman Professor of Law, Yale Law School. My thanks to Dennis Curtis, Barbara Atwood, Kathy Baker, Naomi Cahn, Mary Clark, Gene Coakley, Anne Dailey, Grdinne de Bdrca, Rosa Ehrenreich, Julie Goldscheid, Margaret Groban, Marty Guggenheim, Carolyn Heilbrun, Vicki Jackson, Linda Kerber, Lisa Kloppenberg, Harold Koh, Sylvia Law, David Nachman, Jim Pope, Robert Post, Catherine Powell, Frances Raday, Tanina Rostain, Reva Siegel, Angela Ward, Merle Weiner, Robert Wintemute, and Diane Zimmerman; to Cecily Baskir, Eric Biber, Elizabeth Brundige, Josh Civin, Laura Fernandez, Joe Landau, Deborah Martinez, Tracey Parr, Sarah Russell, and Julie Suk; and to participants in the CUNY Graduate School Conference on Women and Constitutions, in the AALS session, Transcending Boundaries, and in the Yale Faculty Workshop, with whom I have learned a great deal. 1. United States v. Morrison, 529 U.S. 598, 617-18 (2000) (holding unconstitutional the civil rights remedy of the Violence Against Women Act, 42 U.S.C. § 13981 (1994)). 619 Imaged with the Permission of Yale Law Journal

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