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Anti-Commandeering: An overview of five major Supreme Court cases

Anti-Commandeering: An overview of five major Supreme Court cases

by Mike Maharrey | May 23, 2018 | Anti-Commandeering Doctrine, Court Cases

The Supreme Court has long held that states do not have to actively participate in the enforcement or effectuation of federal acts or regulatory programs. James Madison’s advice for resisting federal overreach in Federalist #46 serves as the basis for what we...
Bill Bradley, Call Your Bookie

Bill Bradley, Call Your Bookie

by Judge Andrew Napolitano | May 17, 2018 | Court Cases, Current Events

In 1992, Congress passed a statute authored by then-Sen. Bill Bradley of New Jersey, who was a former Princeton University and New York Knicks basketball superstar, prohibiting the states from authorizing sports betting. At that time, gambling in Atlantic City was...
Pick One: Constitutional Principles or Your Policy Preferences

Pick One: Constitutional Principles or Your Policy Preferences

by Mike Maharrey | Apr 23, 2018 | Anti-Commandeering Doctrine

In 1788, James Madison offered a blueprint for stopping “unwarrantable measures” enacted by the federal government. In Federalist #46, the “Father of the Constitution” advised a refusal to cooperate with officers of the union.” He said even in a single state, this...
An Open Letter to a State Legislator on Marijuana and Federal Supremacy

An Open Letter to a State Legislator on Marijuana and Federal Supremacy

by Mike Maharrey | Mar 19, 2018 | Anti-Commandeering Doctrine, Drug War, Supremacy Clause

Kentucky state Sen. Albert Robinson (R-London) has been a vocal opponent of legalizing medical marijuana in the commonwealth (HB166). He has based his opposition on the Constitution’s “supremacy clause” arguing that Kentucky cannot pass a law that contradicts federal...
Modern Nullification: A Winning Policy

Modern Nullification: A Winning Policy

by Mike Maharrey | Aug 17, 2017 | Anti-Commandeering Doctrine, Nullification

Nullification is dead. At least that’s the opinion of Duke University Law School professor Ernest Young. But despite this emphatic epitaph, Young sees great potential for nullification as a tool to limit federal power. In a paper published in the Case Western...
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