The Federalism Debate in the Transformation of Federal Habeas Corpus Law

Katy J. Harriger

Publius: The Journal of Federalism, vol. 27, issue 3, 1-22

Abstract: Over the last several decades, the law governing access to federal habeas corpus review has undergone a fundamental transformation, moving from a Warren Court approach that focused on individual rights to a Rehnquist Court approach that emphasizes deference to state courts. The enduring constitutional debate about the federal system and the appropriate role of the federal courts in that system has been at the heart of this transformation. This essay examines the leadership role of the U.S. Supreme Court and the influence of other institutional actors, such as the Congress, the executive, and the states, in the shaping of United States “constitutional dialogue” on this issue. Copyright , Oxford University Press.

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