indian-reservation-bicubic

The Sum of Social and Political Evil

The New Trail of Tears opens with the question, “What does America owe Indians?” and closes with the response, “To make them equal Americans.” Between the question and the answer lies a brisk and substantive review of a dysfunctional relationship between federal law and Indian life in the United States. More precisely, it should be noted…

Don’t Thread on Me

The Texas Supreme Court’s 2015 decision in Patel v. Texas Department of Licensing and Regulation, striking down a state law…

The U.S. Commission on Abolishing Religious Freedom

The embarrassing U.S. Commission on Civil Rights richly deserves the new name bestowed on it by the above headline. Its…

From the Blog

Mike Rappaport
University of San Diego School of Law

Constitutional Change, Article V, and the Presidential Election

Recently, I did a podcast interview on Constitutional Amendments and the Presidential Election.  The interview,…

Federalism and Consensus: The Contrasting Cases of Gay Marriage and Medical Marijuana

One common way of thinking about the possibility of federal reforms – in both the…

The Causes of the EpiPen Problem

The EpiPen has been much in the news. The product, which provides an immediate dose…

John O. McGinnis
Northwestern University School of Law

Clinton’s Idea of Justice Is My Idea of Theft

It is a theme of fiction: when someone dies, people line up to steal from…

Deregulation Is Best for Competition, but Antitrust Can Be Second-Best

Over at our sister site, the Library of Economics and Liberty, David Henderson has a…

The Continuity of the Fourteenth Amendment with the Founding

At a splendid conference at the University of the South last weekend, the most important underlying…

Michael S. Greve
George Mason University Law School

Higher Ed Bingo

The Office for Civil Rights (OCR) periodically sends “Dear Colleague” letters to higher ed leaders,…

Liberalism, Populism, and the Politicization of Everything

As this post goes up I’m off to Germany, this time for some actual work.…

Presidential Power According to Jack Balkin

Earlier this month Jack Balkin (Yale Law School) and I found ourselves on an APSA/Claremont…

Liberty Law Forum

New York Attorney General Eric Schneiderman (C) speaks as Massachusetts Attorney General Maura Healey (2nd from R) looks on during a press conference at the office of the New York Attorney General, July 19, 2016 in New York City. They announced lawsuits against Volkswagen AG and its affiliates Audi AG and Porsche AG. (Photo by Drew Angerer/Getty Images)

Commandeering Federalism: The Rise of the Activist State Attorneys General

One of the most important developments in American politics and governance is that the attorneys general of the 50 states have become major players in national policy. Once relatively obscure stepping-stone positions focused mainly on small-bore issues, state AGs make their presence known today in area after area, be it health care, environmental regulation, guns,…

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Responses

They’re Not the Main Culprit

State attorneys general aren’t ruining federalism. It was already ruined, as Michael Greve’s 2012 classic The Upside Down Constitution chronicles. It is tempting to blame them, given how badly many state attorneys general behave. Some use their office to enrich themselves or their lawyer pals, or to pursue vendettas against adversaries. The attorney general of Pennsylvania,…

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State Attorneys General Didn’t Start the Fire

The American form of government, in the classic formulation of Justice Salmon Chase, contemplates “an indestructible Union composed of indestructible States.”[1] The Constitution, apart from assigning specific functions to the federal government, and prohibiting the states from exercising certain powers, largely leaves the determination of public policy to the 50 states. As numerous jurists, statesmen,…

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Federalism and State Attorneys General

There are many challenges in designing a federalist system of government. Perhaps the most daunting is how to create incentives for government officials to preserve a regime of state-by-state decisionmaking—especially when constituent pressures, partisan allegiance, or ideological beliefs tug in other directions. The U.S. Constitution tries to preserve state prerogatives by enumerating the powers of the…

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