Intergov transfers
Judith Resnik 7, Arthur Liman Professor of Law, Yale Law School, “Foreign as Domestic Affairs: Rethinking Horizontal Federalism and Foreign Affairs Preemption in Light of Translocal Internationalism,” 57 Emory L.J. 31, 2007, Lexis
As noted in the opening discussion of these questions, Wechsler's approach has been criticized on the grounds that he overestimated Congress as a forum [*86] that fairly represents the divergent interests of different states. Commentators have argued that the courts ought to step in, at the behest of states, and at times invalidate congressional legislation because Congress is not a level playing field. 237 [FOOTNOTE 237 BEGINS] All three of the articles by Lynn Baker, supra notes 19 & 35, make this point. She argued, for example, that Congress "regularly uses fiscal redistribution among the states and conditional federal spending to impinge" on state autonomy and that states "cannot protect themselves through the federal political process against" various exercises of congressional power. Baker, Spending Power, supra note 35, at 198. [FOOTNOTE 237 ENDS] The argument is that population and wealth allocations across the country make the two-senators-per-state system democratically unfair. Further evidence comes from data that senators from different states bring vastly different amounts of money home to their constituents. 238