James Fields Killed Heather Heyer Because of Her Opinions, and Now the Government Is Trying to Do the Same to Him
The federal case against the Charlottesville murderer illustrates how hate crime laws punish people for their bigoted beliefs.
Federalism
Federal Court Rules Against Trump in Sanctuary Cities Case Brought by Seven States and New York City
The ruling is the latest in a long line of setbacks for the administration's efforts to punish sanctuary jurisdictions by withholding federal law enforcement grants.
Legalizing Marijuana and Gay Marriage Seemed Impossible
But losing taught libertarians how to win
Why the Federal Law Banning Female Genital Mutilation is Unconstitutional
FGM is a horrible crime. But banning it is one of many issues the Constitution leaves to the states, much like banning rape and murder. Yesterday's court decision striking down the law was correct.
Federal Female Genital Mutilation Ban Exceeds Congress's Power, Holds District Court
Policing such behavior, the court concludes, is a matter for the states, because it isn't authorized as a regulation of commerce or as necessary and proper to comply with treaties.
Three Steps Forward for Marijuana Legalization
Democratic control of the House, the passage of marijuana legalization referenda in three states, and the removal of Jeff Sessions presage a brighter future for legalized pot.
The DOJ Should Not Prosecute Robert Bowers
The federal case against the Pittsburgh shooter is redundant and constitutionally questionable.
Why Mandatory National Service is Both Unjust and Unconstitutional
A post based on my presentation at a panel on mandatory national service organized by the National Commission on Military, National, and Public Service.
Yet Another Federal Court Rules Against Trump and Jeff Sessions in a Sanctuary Cities Case
The decision is the latest in a long line of legal setbacks for the administration's efforts to force sanctuary cities to help deport undocumented immigrants.
Cato Unbound Symposium on the Constitutional Scope of Federal Power Over Immigration Continues
Responses to my lead essay by legal scholars John Eastman and Gabriel Chin have now been posted, along with my rejoinders to them.
Jeffrey Rosen on "Madison's Nightmare"
Legal scholar and National Constitution Center President Jeffrey Rosen explains how many of the Constitution's safeguards against "mob rule" have frayed. His description of the problem is compelling, though he is less strong on possible solutions.
Cato Unbound Symposium on Federal Power Over Immigration
The lead essay on this month's Cato Unbound is my article outlining why the text and original meaning of the Constitution do not give the the federal government any general power to restrict immigration. There will be responses by critics, and ongoing discussion until October.
Anti-Pot Staffers Conspire to Turn Trump Against Marijuana Federalism
A White House policy committee is collecting information on "negative trends" and "threats" associated with legalization.
Will EPA Trump California's Clean Air Act Waiver?
The Trump Administration is seeking to roll back federal automotive fuel economy standards and prevent California from maintaining more stringent standards of its own.
Cory Booker Proposes Bill to Curb Exclusionary Zoning
He deserves credit for being one of the very few national politicians to focus on this enormous problem. If enacted, his proposal would be a step in the right direction, though it is likely to have only a modest impact.
Trump and Jeff Sessions Suffer Yet Another Defeat in Chicago Sanctuary City Case
The ruling is notable in underscoring how the Supreme Court's sports-betting decision in Murphy v. NCAA helps sanctuary cities.
Beware Decentralization Without Mobility
Economist Bryan Caplan reminds us that political decentralization has little value unless it is accompanied by mobility.
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.
Abortion, Clarence Thomas, and the Commerce Clause
Cornell law professor Michael Dorf asks whether Clarence Thomas would vote to strike down federal laws restricting abortion, on federalism grounds. The answer might well be yes. But the issue would have to be presented to him in the right way.
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.
California Supreme Court Removes Question on Splitting Up State from November Ballot
The initiative could be reinstated for the 2020 election, however, if the Court concludes that its inclusion does not violate California law.
Four Blue States Scream 'Federalism' and Sue to Stop Changes in Federal Tax Deductions
New York gets salty over new limits because now the rich will know they're being soaked.
Federal Court Rules Against Trump Administration on Most Issues in California "Sanctuary State" Case
The ruling is just the start of what may be a prolonged legal battle over immigration and federalism.
Supreme Court Rules States Can Demand Outside Online Retailers Collect Sales Taxes
A blow against federalism, tax competition, and small businesses trying to expand.
How Anti-Trump Republicans Can Change the President's Behavior
Cory Gardner used confirmation holds to force a potential breakthrough on marijuana federalism. There's a lesson there.
Why the Individual Mandate Part of the New Obamacare Case Matters
Most of the attention on the twenty state lawsuit against Obamacare understandably focuses on the "severability" issue, which could lead to the demise of the entire Affordable Care Act. But the individual mandate part could also set an important precedent.
Should California be Broken Up?
A plan to divide California into three states will be on the state's referendum ballot in November. If it passes and is approved by Congress, it could potentially be a significant change for the better.
Cory Gardner and Elizabeth Warren Introduce Bill Largely Abolishing Federal Ban on Marijuana in States that have Legalized it Under their Own Laws
If it passes, this will be a major victory for both marijuana legalization and federalism.
Trump Suffers Another Defeat in Philadelphia Sanctuary City Case
The ruling is the latest in long line of defeats for the administration's efforts to cut federal grants to sanctuary jurisdictions. It breaks new ground by showing how the recent Supreme Court ruling in Murphy v. NCAA helps sanctuary cities.
Congress Stands With the Blue, Against the Constitution
The lopsided House vote for treating assaults on cops as federal crimes is a bipartisan portrait in cowardice.
Interview with Judge Jeffrey Sutton About his New Book "51 Imperfect Solutions: States and the Making of American Constitutional Law"—Part II
Part II of my interview with Judge Jeffrey Sutton about his new book state constitutional law.
Interview with Judge Jeffrey Sutton About his New Book "51 Imperfect Solutions: States and the Making of American Constitutional Law"—Part I
The first part of my interview with Judge Sutton about his important new book on state constitutions.
Broader Implications of the Supreme Court's Sports Gambling Decision
Commentators are right to suggest that Murphy v. NCAA will help sanctuary cities, but wrong to claim it is like to undermine federal laws restricting state taxes.
SCOTUS Feigns Federalism in Sports Betting Decision
Congress can't "commandeer" state legislators, but it can achieve the same result with "preemption."
Sports Gambling Decision is a Major Victory for Federalism
The Supreme Court's invalidation of a federal law preventing state legalization of sports gambling strengthens protection for state autonomy from the federal government.
Supreme Court Strikes Down Federal Law That Prohibited States From Legalizing Sports Gambling
"A more direct affront to state sovereignty is not easy to imagine."
The 'Protect and Serve Act' Is both Unnecessary and an Assault on Federalism
There is no justification for a proposed law that would make attacks on police officers a federal crime.
My New Article on "Foot Voting, Decentralization, and Development"
This forthcoming article discusses how we can massively expand economic opportunity by making it easier for people to "vote with their feet," both domestically and through international migration.
Trump Suffers Yet Another Defeat in a Sanctuary Cities Case
The US Court of Appeals for the 7th Circuit affirms a district court ruling against the administration's efforts to deny federal grants to sanctuary jurisdictions.
A Possible Victory for Federalism and Marijuana Legalization
Donald Trump's deal with Senator Cory Gardner could pave the way for the effective elimination of the federal law banning marijuana in those states that have legalized pot under state law.
My new "The Hill" Op Ed on Federalism and the Legal Battle Over Sanctuary Cities
The various lawsuits pitting the Trump administration against sanctuary jurisdictions has important implications for constitutional federalism that go beyond immigration policy.
Under Trump, Elizabeth Warren Suddenly Discovers the Downside of Unaccountable Federal Agencies
Maybe don't give the other side the rope to hang you with.
If SCOTUS Lets States Legalize Sports Betting, Will They Be Ready?
The black market will continue to thrive if taxes and regulations are too burdensome, a new CEI report warns.
Should Local Governments Have Greater Autonomy from States?
Leading legal scholars on opposite sides of the political spectrum argue that the answer is yes. But it will not be easy to figure out how to do it.
Is it Unconstitutional for States to "Discriminate" Against the Federal Government?
This is one of the questions that may well arise in Jeff Sessions' new lawsuit against California's sanctuary laws.
Thoughts on the New Constitutional Case Against Obamacare
20 states are right to claim that the mandate is now unconstitutional, but wrong to argue that this requires invalidating the entire Affordable Care Act.
Federalists Can't Support a Cannabis Crackdown
That includes the president, who said marijuana legalization "should be up to the states."
