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.
Federalism
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.
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.
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.
