COVID-19 Edicts Highlight the Importance of Structural Limits on Government Power
The national eviction moratorium and Arizona’s business restrictions were based on dubious assertions of authority.
Federalism
The State of the Legal Struggle Over the CDC Eviction Moratorium
Two district court decisions have upheld the moratorium against various challenges, while one has ruled against it. The legal battle may be just beginning.
New article - Constitutionalizing Interstate Relations: The Temptation of the Dark Side
On the inconsistency between choice of law cases and interstate sovereign immunity cases
Update on New Hampshire v. Massachusetts
The Supreme Court did not resolve the case today, but did take the noteworthy step of asking for the views of the federal government.
New Hampshire's Supreme Court Lawsuit Seeking to Prevent Massachusetts from Taxing NH Residents Working Remotely for Massachusetts Firms
The case was filed directly in the Supreme Court under its "original jurisdiction" over cases filed by one state against another. It could have important implications for the future of federalism.
My New Article on "Freedom Through Foot Voting"
The article adapts and expands some of the ideas developed in my recent book "Free to Move," and is now available for free download on SSRN.
Will Democrats Embrace the Imperial Presidency Now That Their Guy Is in Charge?
Partisans who abandon constitutional principles because they prove inconvenient are in for a rude surprise when the other team wins.
Biden's Mask Mandate Retreat Is a Hopeful Sign
The president acknowledges that there are limits to executive power, even during a public health emergency.
To Avoid More Political Violence, Allow Americans To Escape Each Other's Control
Let people join with the like-minded to reject officials and laws that don’t suit them and to construct systems that do.
Would a National Lockdown Have Saved the U.S. From COVID-19?
A comparison of Texas and California suggests that legal edicts matter less than The New York Times thinks.
Ted Cruz's Legally Groundless Challenge to Biden's Electoral Votes Was a Disgrace That Should Follow Him Forever
Cruz plunged into the constitutional abyss while Rand Paul stepped back, refusing to sacrifice democracy and the rule of law.
Is Anthony Fauci Right That Federalism Undermined the U.S. Response to COVID-19?
Centralization makes sense only if you ignore differences in local conditions—and trust the feds to make the right choices.
Ted Cruz's Eagerness To Fight Trump's Legal Battles Epitomizes the GOP's Complete Lack of Principles
By his own account, the Texas senator is committed to defending a dishonest, amoral, narcissistic bully.
Pandemic Lockdown Battles Offer Glimpses of Political Conflicts to Come
Under punitive federalism, localities refuse dictates from above while state and federal officials retaliate.
For the First Time Ever, the House Votes To Repeal the Federal Ban on Marijuana
The bill is unlikely to make headway in the Senate, but it could nudge President-elect Joe Biden toward more ambitious reforms.
My "Jurist" Article on Expanding Freedom of Choice by Empowering More People to Vote With their Feet
The combination of foot voting and decentralization of power can offer people more and better choices than are available at the ballot box.
A Big Night for Drug Legalization
Voters in four states voted to legalize recreational marijuana. In Oregon, they went much further.
Upcoming Virtual Harvard Kennedy School of Government Event on My Book "Free to Move: Foot Voting, Migration, and Political Freedom"
The event is free and open to the public.
Video of My University of Virginia Talk About my Book "Free to Move: Foot Voting, Migration, and Political Freedom"
The event was sponsored by the Miller Center for Public Affairs.
Marijuana Federalism
How do we resolve the cannabis conflict between state legalization and federal prohibition?
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.
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.
