The Restraining Order Against Federalizing the California National Guard Highlights Trump's Lawlessness
U.S. District Judge Charles Breyer concluded that the president failed to comply with the statute he cited—and violated the 10th Amendment too.
10th Amendment
Gavin Newsom Defends Federalism Against Trump's Unilateral National Guard Deployment
In a federal lawsuit, California's governor argues that the president's assertion of control over "the State's militia" is illegal and unconstitutional.
Secession Is Back in Style in Texas
Can't Americans all just get along? Maybe we can't—and perhaps we shouldn't have to.
A Case That Pits Gun Rights Activism Against Federalism
Gun control advocates may embrace the 10th Amendment.
Supreme Court Definitively Ends the SALT Tax Deduction Case
The highly dubious lawsuit filed by four blue states against the the law capping federal tax deductions for state and local taxes is now truly dead in the water.
Supreme Court Denies Certiorari in Blue State Challenge to Cap on SALT Deduction
An utterly meritless suit ends not with a bang, but a whimper.
These Bills Would Keep the National Guard Out of Unconstitutional Wars
“Defend the Guard” laws would keep state troops out of conflicts that Congress hasn’t authorized.
Defending OSHA's Vaccine Mandate, Sonia Sotomayor Says 'I'm Not Sure I Understand the Distinction' Between State and Federal Powers
The justice's reference to a national "police power" raised some eyebrows.
The (Likely) End of the SALT Tax Deduction Litigation
Four blue states' misguided legal challenge to the cap on the SALT tax deduction suffered a well-deserved defeat in the Second Circuit. The case is likely over.
Conservative Attacks on 'Big Tech' Are Turning the Constitution on Its Head
No, states can't use the 10th Amendment to overturn the First Amendment.
Liberals Have Rediscovered the 10th Amendment's Value During the Coronavirus Pandemic
Will they keep it in mind even if Joe Biden becomes president?
Puppies and Kittens Trump the Constitution
The new federal ban on animal cruelty converts the Commerce Clause into a general police power.
Trump Administration Asks Supreme Court to Hear Sanctuary Cities Case
The constitutional showdown over federalism and immigration approaches SCOTUS.
Trump Administration Seeks Supreme Court Review of California "Sanctuary State" Case
California has largely prevailed in the lower courts, and the administration's petition focuses on the part of the law with the strongest backing from Supreme Court federalism precedent. It's a case the administration deserves to lose.
Federal Court Rules Against Blue-State Lawsuit Challenging Constitutionality of Cap on Federal Tax Deduction for State and Local Tax Payments
The court rejected the four states' claims that the cap on the SALT deduction enacted in the 2017 tax act violated the Tenth Amendment and "coerced" states.
'Making Federalism Great Again'—My Forthcoming Texas Law Review Article on the Litigation Generated by Trump's Assault on Sanctuary Cities
My newly posted article explains how the administration's efforts have had the unintended effect of strengthening judicial protection for state autonomy.
A Supreme Court Decision About Sports Betting May Help Protect Sanctuary Cities from the Feds
A rule covering immigration communications between state and federal officials may be unconstitutional.
National Ban on Smoking in Public Housing Is Unconstitutional, Lawsuit Says
Tenants are challenging a HUD rule that requires local public housing authorities across the country to prohibit people from smoking in their homes.
Four Blue States File Dubious Lawsuit Against Cap on Federal Tax Deduction for State Tax Payments [updated with brief response to Michael Ramsey]
The lawsuit contends that the Constitution requires a federal tax deduction for "all or a significant portion" of state income tax payments. It relies on badly flawed constitutional arguments to try to prop up a badly flawed policy.
The Constitutional Case for California's Sanctuary State Laws
The feds may commandeer local police into administering neither federal gun control nor federal immigration policy.
California Steps Up Its Role as Voice of Trump 'Resistance'
Looking toward the Tenth Amendment.
Today at SCOTUS: Does the Federal Ban on Sports Gambling Violate the 10th Amendment?
The Supreme Court hears oral arguments in Christie v. N.C.A.A.
Coming Soon to SCOTUS: Federal Sports Betting Ban vs. the 10th Amendment
What's at stake next week in Christie v. N.C.A.A.
Why Trump Deserves to Lose in Federal Court on Sanctuary Cities
The president's executive order is unconstitutional under the 10th Amendment and the separation of powers.
Maine Food Sovereignty Bends but Doesn't Break After USDA Threats
Law amended to make sure meat processors comply with federal regulations.
In Major Federalism Case at SCOTUS, New Jersey Fights to Legalize Sports Gambling
The Supreme Court will hear arguments in Christie v. National Collegiate Athletic Association this fall.
PRIME Act Would Help Put the 'Local' Back in Local Meat Production
States could set their own rules for meat that's processed and sold within their own borders.
Will Liberals Learn to Love the 10th Amendment?
It's Trump vs. Scalia when cities offer sanctuary to immigrants.
Advice to the New Republican Congress: Don't Pass More Laws
GOP should put the wish lists away and let state and local governments manage themselves.
Judge Alex Kozinski: From Communist Romania to the 9th Circuit Court of Appeals
One of our most controversial jurists talks about free speech, cell phones, and how bubble gum made him a capitalist.
Obama's Confusing Federalism: Gay Marriage, Yes; Medical Marijuana, No
The president has perplexing relationship with the Tenth Amendment
How the Feds Turned Revenge Against Cheating Husband's Mistress into Act of Terrorism
Supreme Court shows some relevant timing taking on the case of a federal law run amok
States Aren't Waiting for Supreme Court on Gay Marriage
Illinois and Rhode Island move forward with own plans
