Congress, Federal Courts, and Domestic Relations Exceptionalism
Posted: 17 Oct 2013
Date Written: October 15, 2013
Abstract
Family law is often cited as a paradigmatic example of state law, and the Supreme Court has trumpeted the importance of limiting the federal government's reach into this area reserved for the states. Yet, it is also true that a variety of federal programs affect the family, so it is important to figure out which areas are reserved for the states and which are not. This article analyzes and clarifies the “domestic relations exception” in the two different kinds of cases in which it might arise: 1) when federal courts should not exercise jurisdiction, and 2) when Congress should not make certain kinds of laws. The tests for determining when the exception is triggered and what must be shown to override the exception differ depending upon the context in which the exception has been asserted. Regrettably, the Supreme Court has given mixed messages over which areas are beyond Congress's power to regulate and which kinds of cases cannot be heard by a federal court. The Court’s subsequent Windsor decision did nothing to clarify these issues.
Keywords: federalism, family law, domestic relations, federal courts, jurisdiction
JEL Classification: K10
Suggested Citation: Suggested Citation