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.
Federalism
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.
My Very First Article on International Migration as a Tool for "Voting With Your Feet"
My 2008 article on this subject is now available on SSRN.
Trump Administration Files New Lawsuits Against Sanctuary Jurisdictions
The new lawsuits against the state of New Jersey and King County, Washington have many of the same constitutional flaws as the administration's other efforts to to target sanctuary cities.
DOJ Intervention Dramatically, Irrationally, and Unconstitutionally Increases the Penalty Faced by a Woman Accused of Slapping Jews
How can prosecuting a black woman for slapping Jews in 2020 be authorized by the constitutional amendment that abolished slavery in 1865?
My Forthcoming Book "Free to Move: Foot Voting, Migration, and Political Freedom"
It will be published by Oxford University Press in April.
Videos of Panels on Sanctuary Cities and Constitutional Property Rights
I took part in panels on these topics at the recent Federalist Society National Lawyers Convention
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 Loses a Sanctuary City Case—Yet Again
The latest in a long line of court decisions ruling against Trump's efforts to pressure sanctuary cities into helping deport undocumented immigrants features an opinion by two conservative Republican judicial appointees.
Podcast on Federalism and Sanctuary Cities
Prof. Brian Frye of the University of Kentucky Law School interviewed me on this subject, as part of his series of "Ipse Dixit" podcasts.
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.
Sen. Mike Lee Would Let You Decide if Drones Can Fly Less Than 200 Feet Above Your House
The Drone Integration and Zoning Act seeks to expand private property rights and give localities more say in airspace regulation.
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.
Short Circuit Podcast on the First Amendment and Student Newspaper Funding,
religious organizations' right to discriminate in some employment decisions, and federal funding conditions preferring local agencies that help federal immigration enforcement.
With A Republican in the White House, Democrats Rediscover the Virtues of Federalism
Give the Republican Party control of the White House and Congress, and it's only a matter of time before Democrats discover the virtues of devolving authority to state and local governments.
Historic House Vote Approves Broad Marijuana Federalism
This vote is "a hopeful sign that the harmful policies of marijuana prohibition will soon be a relic of the past."
The Return of the Faithless Elector
Are we ready for a return to the "original meaning" of the Electoral College?
My Review of an Important New Book on the Supreme Court's Impact on American Federalism
The book by political scientist Michael Dichio argues that the Court has done more to promote centralization than protect states, and is the most thorough analysis to date, of this longstanding issue..
Two Cheers for Pete Buttigieg's Proposal for "Place-Based Visas" for Immigrant Workers
The idea has some flaws, but would be a major improvement over the status quo. It also has much in common with a proposal for state-issued visas promoted by two Republican members of Congress in 2017.
Andrew Yang Hates Zoning Laws
The long shot presidential candidate wants booming cities to get rid of their restrictions on new development.
The Harris-Nadler Marijuana Bill Goes Further Than Others in Ways Good and Bad
The MORE Act combines laudably broad legalization and expungement provisions with taxes and spending that may alienate potential Republican allies.
More on Liberals and Federalism
In this follow-up to my Washington Post article on the same subject, I consider whether current liberal support for federalism is purely opportunistic, and whether the political left is inherently pro-centralization.
Progressives and Libertarians Team Up to Deregulate Airports
Reps. Earl Blumenauer and Thomas Massie have introduced a bill that would cut federal airport spending while giving airports more freedom to raise their money.
John Paul Stevens Was a 'Liberal Champion,' Except When He Wasn't
The late Supreme Court justice was an inconsistent defender of civil liberties.
My New Washington Post Op Ed on How Federalism Became Great Again on the Left
In recent years, many liberals have come to develop a new appreciation for constitutional limits on federal power. Whether the trend continues remains to be seen.
'Historic' Congressional Hearing on Marijuana Legalization Highlights Strategic Differences
Should federal marijuana reform be tied to a broader "racial justice" agenda?
House Resoundingly Approves Broad Marijuana Federalism
A solid majority of congressmen, including 41 Republicans, voted for a spending rider that bars the Justice Department from interfering with the legalization of cannabis for medical or recreational use.
Gorsuch, Thomas, and Kavanaugh Clash With Roberts and Alito Over Federal Preemption of State Regulation
Understanding today’s Supreme Court decision in Virginia Uranium, Inc. v. Warren
Appellate Court Upholds Constitutionality of Federal Hate Crimes Act Conviction Based on the Commerce Clause
The decision is a complicated ruling that potentially sets a dangerous precedent for the scope of federal power under the Constitution.
Foot-Voting Nation
The seventh post in the Volokh Conspiracy symposium on "Our American Story: The Search for a Shared National Narrative" (ed. by Joshua Claybourn).
California Was Ready to Punish This Synagogue Shooter for Murder. The Feds Want to Make Sure He Is Also Punished for Hating Jews.
The federal hate crime charges against John T. Earnest are redundant and constitutionally problematic.
Foot-Voting Nation
My new book chapter is now available for free on SSRN. It desccribes how "voting with your feet" played a central role in American history, how foot voting is at the heart of much of the nation's success, and the recent rise of dangerous new obstacles to foot-voting. Part of a new book, "Our American Story: The Search for a National Narrative."
Federal Appellate Court Rules Against Trump Administration on Most Issues in California "Sanctuary State" Case
The ruling, written by a Republican-appointed judge, is an important victory for federalism.
Justice Department Decides Not to Appeal Court Ruling Striking Down Federal Law Banning Female Genital Mutilation
The decision is likely to be unpopular. But it is the right thing to do nonetheless, as the law is unconstitutional. Not every evil must be addressed by a federal law.
It Might Be the 'Heart of the Resistance,' but California Is Not Its Own Nation-state
But that might be news to some Californians, and even more of the state's elected and appointed officials.
'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.
Mike Lee: 'Every Conceivable Partisan Combination' Has 'Deviated From' Federalism
"This isn't a partisan issue," the Utah senator says. "This is a constitutional issue."
Will One of Arizona's More Vocal Drug Warriors Get a Seat on the State's Supreme Court?
Years after the state legalized medical marijuana, Maricopa County's top attorney served as a barrier.
Audio of Recent Federalist Society Teleforum on Sanctuary Cities
The event features Ilya Shapiro of the Cato Institute, and myself.
The Next Attorney General Says He Won't Go After State-Licensed Marijuana Suppliers
William Barr does not like legalization but says Congress has to resolve the "untenable" conflict between state and federal law.
The DOJ Shouldn't Reignite the Fight Against Intrastate Gambling
Respect federalism and leave the states alone.
Foot Voting and the Future of Liberty
My book chapter on this subject from the "Cambridge Handbook of Classical Liberal Thought" is now available on SSRN.
Thoughts on Today's Federal Court Decision Against Obamacare
The judge was right to conclude that the individual health insurance mandate is now unconstitutional, but wrong to rule that the rest of the ACA is now unlawful because it can't be severed from the largely toothless mandate left in place under the 2017 GOP tax bill.
