Biden and Trump Now Agree: The President Has No Authority To Impose a Nationwide Mask Mandate
If only that signaled a broader respect for legal limits on executive power.
Federalism
Thoughts on Trump's Potential Plan to Cut Federal Grants to "Anarchist Jurisdictions"
For the moment, the executive "memorandum" is long on rhetoric, but short on actual action. If it ever does lead to action, it could be yet another attack on federalism and separation of powers.
Upcoming Virtual Event on "Crossing Borders, Breaking Borders: New Ideas About Migration, Secession, and Political Freedom"
The event is co-sponsored by the Indiana University Maurer School of Law, and the Law and Economics Center at George Mason University.
Rejecting Biden's Threat of a Nationwide Mask Mandate, Trump Suddenly Respects Limits on Presidential Power
Both major parties defend the Constitution only when it's convenient.
Trump's Naked Megalomania Continues a Bipartisan Trend
Will his blunt self-aggrandizement reinvigorate concerns about presidents who exceed their powers?
Trump's Warnings About Voting by Mail Mix Reasonable Concerns With Fanciful Conspiracy Theories
New York City's primary election fiasco reveals gross incompetence rather than fraud.
Where's Republican Federalism During Trump's Urban Invasions?
A president from a party supposedly committed to restraining the federal government is now sending enforcers to cities over local objections.
Trump's Political Opportunism Has Shredded Federalism
Thanks to him, there will be no escaping accusations by the left that states' rights are merely a ruse to protect white power.
What's Happening in Portland?
From the torching of an Elk statue to clandestine raids by federal officers, it's like a bizarro episode of Portlandia
Second Circuit Denies En Banc Reconsideration of Important Sanctuary Cities Case
The ruling is at odds with decisions by four other circuits and could be headed to the Supreme Court - unless Biden wins the election and reverses administration policy.
Designing Institutions that Promote Foot Voting and Minimize Potential Downsides
Fifth and final post in a series based on my new book "Free to Move: Foot Voting, Migration, and Political Freedom"
States Can Reform Qualified Immunity on their Own
State reform isn't a complete substitute for abolition of the federal judicial doctrine. But it can achieve a lot. A recent Colorado law provides a model other states would do well to imitate.
This Republican Senator Calls Three Black Men Peacefully Carrying Long Guns 'Mob Rule'
A Second Amendment hypocrite with a plan to undermine federalism
Three Types of Foot Voting
Third in a series of posts based on my new book "Free to Move: Foot Voting, Migration, and Political Freedom."
Turning Local Disturbances into Federal Cases
The Department of Justice is finding creative ways to file federal charges against rioters and looters.
Audio of Federalist Society Teleforum on My Book "Free to Move: Foot Voting, Migration, and Political Freedom"
The event includes questions and commentary by Northwestern University law Professor John McGinnis
Introduction to my Book "Free to Move" Now Available for Free on SSRN
The Introduction summarizes the book's argument and provides an outline of the chapters that follow.
My New Book "Free to Move"—And Why I Wrote it
The first in a series of posts based on my book "Free to Move: Foot Voting, Migration, and Political Freedom"
Supreme Court Declines to Hear Trump Administration Appeal of the California "Sanctuary State" Case
The ruling is yet another setback for the administration, though legal battles over sanctuary jurisdictions will continue.
Audio Edition of My Book "Free to Move: Foot Voting, Migration, and Political Freedom"
It is now available for preorder, and will be delivered by June 23.
Adler v. Larkin on Marijuana Federalism
A podcast debate and discussion about the virtues and vices of Marijuana Federalism.
Tim Waters and Frank Buckley Respond to Critics in the Balkinization Symposium on Secession
In this post, I link to their responses and offer a brief rejoinder to Waters.
Video Based on My New Book "Free to Move: Foot Voting and Political Freedom"
The video was produced by the Institute for Humane Studies, and goes over some key themes of the book.
Trump's Threat to Withhold Federal Funds from States that Expand Voting By Mail Highlights Growing Menace to Federalism and Separation of Powers
A president who can attach his own new conditions to federal grants to states could use that power to undermine state autonomy on many issues - especially now that federal spending has been massively expanded during the coronavirus crisis.
Two Interviews About My New Book "Free to Move: Foot Voting, Migration, and Political Freedom" [Updated with Link to Audio of a Recent Radio Interview]
Videos of interviews by political commentator Amy Peikoff and immigration lawyer Nathan Brown.
Balkinization Symposium on Secession
The symposium, which includes a contribution from me, reviews important new books on secession by Timothy William Waters and Frank Buckley.
The Limiting Principle for Congress' Power to Subpoena Presidential Records Isn't Hard to Find [Updated With Response to Josh Blackman]
Why the Supreme Court can rule in favor of Congress in the Trump financial records cases without thereby giving Congress any unlimited power.
Seventh Circuit Rules Against Trump Administration in Major Sanctuary City Decision
The latest in a long series of setbacks to the adminstration's efforts to pressure sanctuary jurisdictions by attaching conditions to federal grants.
The Pandemic Has Produced a Radical Experiment in Federalism
Varying state responses will provide the thing we need most right now: information.
How the Coronavirus Bailout Is Like the Marvel Cinematic Universe
Yes, the Reason Roundtable podcast has gone quarantine-crazy.
The Attorney General Defends Civil Liberties Against Overreaching COVID-19 Control Measures
While denying Donald Trump's dictatorial impulses, William Barr notes that public health emergencies do not give governments unlimited powers.
Kindle Edition of My Forthcoming Book "Free to Move: Foot Voting, Migration, and Political Freedom" Now Available
It's available for preorder now, and will be delivered on April 23
My New USA Today Op Ed on Coronavirus and Federalism
The article explains why the coronavirus crisis does not justify weakening constitutional limits on federal government power.
Will COVID-19 Help Americans Break the Habit of Deferring to Centralized Authority?
We may find that we like making our own decisions.
Marijuana Federalism Web Events
Your opportunity to learn more about Uncle Sam and Mary Jane.
Trump Can Encourage States to Lift Their COVID-19 Lockdowns, but He Can't Decree That Outcome
The president has a history of asserting powers he does not actually have.
Trump Claims He Has 'Total' Authority Over When States End Social Distancing Rules. He's Wrong.
Plus: Americans plan to stay home for months, courts block more abortion bans, Amash "looking closely" at presidential run, and more...
No, Trump Cannot Open the Country Back Up Whenever He Wants
The president again insisted that the federal government can open the country by fiat. It cannot.
No, Trump Does Not Have the Power to Declare a National Stay-at-Home Order
The president also cannot reopen the country whenever he pleases.
Federalism and the Coronavirus Crisis
States have so far taken the lead in battling the coronavirus, and there is some merit to this decentralized approach, which fits the original meaning of the Constitution. But it also has flaws, and there is still a good chance the crisis will ultimately lead to an expansion of federal power.
First Circuit Rules Against Trump Administration in Sanctuary Cities Case
The ruling is in line with numerous other court decisions on the same subject, but conflicts with an anomalous recent ruling by the Second Circuit.
Environmental Protection Agency
The Trump Administration's Uncooperative Environmental Federalism
The EPA has talked the talk of cooperative federalism, but it's not yet fully walking the walk.
The Looming Supreme Court Showdown Over Sanctuary Cities
The legal battle over immigration, federalism, and executive power heats up.
Marijuana Federalism: Uncle Sam and Mary Jane
A book released next month will explore the conflict between federal and state marijuana laws, and what to do about it.
Why Libertarian-Leaning Reps. Massie and Amash Voted Against the House's Anti-Lynching Bill
Lynchings are already illegal. But the law would give prosecutors more power—including what amounts to an expansion of the federal death penalty.
Trump Wins Second Circuit Case Against Sanctuary Cities, in Ruling that Goes Against Broad Consensus of other Court Decisions
The decision allows the Justice Department to impose immigration enforcement conditions on federal grants to state governments, and goes against numerous other court decisions striking down the exact same policy.