Federalism
More Dangers Are Coming to the Rule of Law
When the states joined the union, they gave certain powers to the federal government, and they kept others to themselves. The powers delegated are articulated in the Constitution, and the 10th Amendment clarifies the truism that those powers not surrendered have been...
Leave it to the States!
“States rights are the rights of the people” – John Jay The founding generation valued political decentralization and created a federal government meant to exercise very few powers. Clearly, that is not the system we have today. In a powerful new book, legal...
If the Feds Rule the States, Who Rules the Feds?
Every once in a while, the Supreme Court delivers up an opinion conservatives or libertarians like. For instance, conservatives always cheer when federal courts strike down state gun laws. And just last week, libertarians rejoiced when the Supreme Court ruled every...
Uncooperative Federalism: State Resistance and Noncompliance is Essential
Is the idea of federalism dead? Does the concept have no relevance in the modern world? Not according to Ernest Young, who addressed the topic in an essay titled “Federalism as a Constitutional Principle.” The essay was given as the William Howard Taft Lecture on...