Federalism

Dorf on Commandeering and Originalism

I cry foul when a nonoriginalist law prof invokes the Articles of Confederation on Twitter. A constitutional theory debate then ensues.

New scholarship on King v. Burwell

New papers by Rotunda and Elhauge on King v. Burwell and its implications for administrative law.

Crimea under Russian occupation

The first year of Russian occupation of Crimea has been marked by economic deterioration and political repression. We should not forget the plight of the Crimean Tatars and other victims of Russian government oppression in Crimea.

My William Brennan lecture on “NFIB v. Sebelius and the Debate over Constitutional Federalism”

My 2014 William Brennan Lecture on "NFIB v. Sebelius and the Debate Over Constitutional Federalism." The lecture reflects on the clash of constitutional visions in the Obamacare case and its implications for the future.

What are the president’s options if he loses King v. Burwell?

I think this op-ed turned out to be provocative.

Could the federalism arguments in King v. Burwell sink the EPA’s ‘Clean Power Plan’? Prof. Larry Tribe thinks so.

Harvard law professor Laurence Tribe testified against the EPA's new greenhouse gas regulations and argued they unconstitutionally coerce the states.

Yes, Gov. Whitman, states may choose which federal laws to implement

Former EPA administrator Christine Todd Whitman appears to understand neither the Clean Air Act nor the U.S. Constitution.

State marijuana legalization and the Necessary and Proper Clause

My account of what Gonzales v. Raich should have said.

More on federalism and coercion in King v. Burwell – a response to Abigail Moncrieff [updated with a brief further rejoinder to Prof. Moncrieff’s latest post]

My response to Prof. Abigail Moncrieff's critique of my analysis of the coercion argument she and others have advanced in defense of the federal government's position in King v. Burwell.

Federalism, coercion, and King v. Burwell – a response to Rick Hills [updated with a further rejoinder to Prof. Hills]

A response to NYU law professor Rick Hills' critique of my post on federalism arguments in King v. Burwell.

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