Anti-Commandeering Doctrine
Refuse to Cooperate: The Moderate Middle Road Between Revolution and Unlimited Submission
Ammon Bundy and the other ranchers arrested after taking over the Malheur National Wildlife Refuge outside Burns, Oregon, tried to go toe-to-toe with the federal government using raw force and power. They failed. The feds killed one man, and the rest of the ranchers...
Nullification Through Noncooperation Rests on Rock-Solid Legal Ground
Nullification feels a little rebellious. Declaring that a state can refuse to cooperate with the federal government seems like an act of defiance. Perhaps this explains why even many supporters of nullification continue to labor under the misconception that it’s...
Wall Street Journal Calls for State Resistance to New EPA Regulations
In a recent op-ed, the editorial board of the Wall Street Journal enthusiastically embraced James Madison’s blueprint to deal with overreaching EPA regulations recently unveiled by the Obama administration. Refuse to cooperate. This provides yet another indication...
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...