Trump Wants To 'Take Over' State Elections
It's a bad idea, just like it was a bad idea five years ago when Democrats proposed something similar.
Federalism
Does the ICE Crackdown in Minnesota Violate the Tenth Amendment?
Although a federal judge declined to issue a preliminary injunction requested by Minnesota and the Twin Cities, the plaintiffs should still prevail on their claims that the federal government’s actions there are unconstitutional.
Federal District Court Judge Rejects Minnesota's Anti-Commandeering Arguments Against DHS "Operation Metro Surge" (and with Good Reason)
There may be lots of things wrong with the way the Trump Administration is handling immigration enforcement in Minneapolis, but commandeering is not among them.
Private Suit Commandeers New Hampshire Government to Maintain Vehicle Emission Inspections
The "Live Free or Die" state effectively acquiesces to unconstitutional commandeering of the state government under the Clean Air Act.
My New Lawfare Article on "Minnesota's Compelling Tenth Amendment Case Against Trump's ICE Surge"
The article describes the suit, and explains why it deserves to prevail.
Trump Says States Are Required To Enforce Federal Immigration Laws. He's Wrong.
"The Framers...designed a system in which the State and Federal Governments would exercise concurrent authority over the people," wrote Justice Antonin Scalia.
Trump's Unconstitutional Plan to Withhold all Federal Funding From Sanctuary Cities and States
The plan violates multiple constituitonal provisions and goes against Supreme Court precedent. If somehow allowed to stand, it would gravely imperil federalism and the separation of powers.
Barring Institutional Investors From Buying Homes Won't Make Housing More Affordable - and Would Likely Make Things Worse
There is no evidence that institutional investors increase prices. Barring them from the market could actually exacerbate the housing crisis.
Trump's Plan To Reclassify Marijuana Would Leave Federal Prohibition Essentially Untouched
The main practical benefits would be tax relief for the cannabis industry and fewer barriers to medical research.
Donald Trump Tries To Override State AI Regulations via Executive Order
Only time will tell if the president's order achieves its stated purpose of checking state laws that threaten to stymie innovation.
The Real Villain in Minnesota's $1.5 Billion Fraud Scandal Isn't Somalis—It's the Feds
In America, we judge people according to the content of their character, not the behavior of a narrow minority of their coethnics.
Philip Hamburger on "The Importance of Granting Cert in Canna Provisions v. Bondi"
Columbia Prof. Philip Hamburger urges the Supreme Court to hear this caseand take the opportunity to overturn Gonzales v. Raich.
The Supreme Court Should Hear Case Seeking to Overturn Gonzales v. Raich
Raich is one of the Court's worst federalism decisions, holding that Congress's power to regulate interstate commerce allows it to ban possession of marijuana that never crossed state lines, and was never sold in any market.
Leaving AI Regulation to the States Could Strangle AI
Without federal preemption, a regulatory thicket of state AI laws threatens to slow the technology's development.
Psychoactive Hemp Products Will Be Federally Prohibited in a Year Unless Congress Intervenes
A spending bill approved as part of the package that ended the federal shutdown aims to close a loophole that gave birth to $28 billion industry.
US News and World Report Article Urging Colleges to Reject Trump's "Compact" With Higher Education
I coauthored the article with four other legal scholars from across the political spectrum.
This Gun Case Harks Back to Constitutional Concerns About the Limits of Federal Power That Now Seem Quaint
Congress justified that National Firearms Act of 1934 as a revenue measure—a rationale undermined by the repeal of taxes on suppressors and short-barreled rifles.
Is the Federal Prohibition on Felon Firearm Possession Constitutional?
Judge Willett thinks that some federal statutes have been interpreted and applied in ways that conflict with the notion that the federal government only has limited and enumerated powers.
Why a Trump Appointee Ruled That His National Guard Deployment in Portland Was Illegal
U.S. District Judge Karin Immergut concluded that the president's description of "War ravaged Portland" was "simply untethered to the facts."
Trump Sued—Again—for Unlawful and Unconstitutional Deployment of National Guard
This is the second lawsuit in a week challenging the Trump administration's National Guard deployments absent a qualifying emergency.
Oregon Sues Trump Administration Over 'Unlawful' National Guard Federalization
The administration ordered the federalization of 200 Oregon National Guard members for 60 days, citing the same suspect legal authority used to send troops to California earlier this year.
The 9th Circuit Overturns a Man's Conviction for Holding a Shotgun on the Sidewalk in Front of His House
The decision, which hinges on an exception to the Gun-Free School Zones Act, does not say whether that law is consistent with the Second Amendment.
Federal Court Rules Trump Can't Deny Federal Disaster Relief Funds to Sanctuary States
Another in a long line of court decisions striking down Trump efforts to attach conditions to federal grants that were not approved by Congress.
How a Fight Over Voter Data Could Reshape American Elections
Lawsuits against Oregon and Maine test how far the federal government can go in demanding access to voter information.
Some Red States Are Trying to Take Control of Their Blue Cities
Trump’s federal takeover of D.C. was just one example of Republicans curbing local autonomy under the banner of public safety.
The Gun-Free School Zones Act Is Doubly Dubious
The federal law relies on a risible reading of the Commerce Clause to restrict a constitutional right.
The Trump Administration's Fake Housing Emergency
The results of America's overly burdensome housing regulations aren't great. But they're not an "emergency."
When It Comes to Fighting Crime With the National Guard, Trump Says, He Can Do 'Anything I Want To Do'
The president's plan to promote public safety by deploying troops in cities across the country is hard to reconcile with constitutional constraints on federal authority.
My New The Hill Article: "Abolish ICE and Give the Money to Real Cops"
It makes the case for abolishing ICE and transferring its funds to state and local police.
D.C. Is Just the Beginning—the Trump Administration Is Preparing To Deploy Troops to More U.S. Cities.
The president signed an executive order on Monday establishing specialized units within the National Guard to support federal law enforcement in American cities.
Trump's Unconstitutional Plan to Penalize States that Allow Cashless Bail
His executive order directs the Justice Department to deny federal funds to jurisdictions that use cashless bail for suspects for many types of crimes. The plan is another assault on federalism and separation of powers.
Trump Directs DOJ To Penalize States and Cities That Use Cashless Bail
As part of his response to the alleged crime emergencies taking place nationwide, Trump signed an executive order restricting federal funding from jurisdictions with cashless bail policies.
Pentagon Draws Up Plans To Send Troops to American Cities
The Trump administration is considering plans for a "Reaction Force" of National Guard troops to deploy quickly to American cities with signs of civil unrest.
The FBI Has No Business Tracking Down Texas Democrats
Using the FBI to track down AWOL Texas Democrats is an unnecessary expansion of federal law enforcement authority.
On Sanctuary Cities, It's Trump vs. the 10th Amendment
The anticommandeering doctrine stands in the way of Trump’s immigration crackdown.
New York's Governor Blames Nevada's 'Weak Gun Laws' for the Manhattan Mass Shooting
Kathy Hochul's focus on "assault weapons" is puzzling, since the perpetrator easily could have killed the same number of people with a gun that did not fall into that politically defined category.
One Big Beautiful Housing Supply Bill
Congress considers a consensus housing supply bill while the White House cracks down on the homeless.
History Isn't on the DOJ's Side in Its Case Against NYC's Sanctuary Policies
The Trump administration's lawsuit against New York City challenges decades of sanctuary policies and local independence.
Federal Court Rejects Trump Lawsuit Challenging Illinois Sanctuary Policies
The court ruled the state and local policies are protected by the Tenth Amendment.
Fourth Circuit Rejects Claim that West Virginia Abortion Law Is Preempted
A mifepristone manufacturer is unsuccessful in evading West Virginia's prohibition on abortion, even when performed by medication.
Life as an Academic Defender of the Intuitively Obvious
Academics are supposed to discover nonobvious, counterintituitive truths. But, especially in recent years, much of my work involves defending positions that seem obvious to most laypeople, even though many experts deny them.
Gun Rights Groups Welcome the Demise of Illogical and Constitutionally Dubious Federal Firearm Taxes
The taxes on sound suppressors, short-barreled rifles, and short-barreled shotguns, originally enacted in 1934, were meant to be prohibitive, imposing bans in the guise of raising revenue.
The Tax Bill Rewards States for Higher Rates of Food Stamp Fraud
Telling states to pay for a share of the food stamp program makes a lot of sense and would likely reduce fraud.
Senate Votes 99–1 To Remove AI Moratorium from 'Big, Beautiful Bill'
Now nearly 100 state AI laws will remain in force—and nearly 1,000 more are already waiting in the wings.
Using the National Guard in DEA Raids Is the Worst Kind of Drug War Mission Creep
The deployment of National Guard soldiers on a DEA drug raid is a serious test of whether the Posse Comitatus Act means something or not.
The Senate Is One Step Closer To Passing a 10-Year Moratorium on State AI Regulation
The Senate parliamentarian says the 10-year AI moratorium may be passed by a simple majority through the Senate's budget reconciliation process.
