Prohibiting the Conscription of State Officers for Commonwealth Purposes: An American Future for the State Immunity Doctrine?

In undertaking its responsibility to interpret and construct federalism, the High Court of Australia has frequently considered the Supreme Court of the United States' treatment of the same subject. The US influence has been particularly pronounced in the area of State immunity. This article considers whether an American constitutional innovation of the 1990s, the anti-commandeering doctrine articulated in the case of Printz v United States,3 can and should be transplanted to Australia.