The New Federalism and Erie Railroad V. Tompkins

Common Law and Diversity Jurisdiction.

The Constitution distinguishes between the powers of the states and those of the federal government. The states are empowered to make all laws affecting matters of concern to their citizens. The laws enacted by the federal government, on the other hand, are limited to those areas designated by the Constitution. Under our constitutional form of government, the making of laws is a function of the legislature. The courts are expected to interpret and enforce the laws passed. To accomplish this task, however, the courts found it necessary to develop rules, which they standardized, in the interest of maintaining uniformity. These rules, sometimes referred to as common law, differ from state to state. Laws passed by the states or the federal government are called statutory law. The Court's rules had gradually taken on the force of law, some even being adopted by the legislatures of the different...

[The entire page is 765 words long]

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