What will happen when the blue states decide they don't want to keep subsidizing the red states?
The Full Faith and Credit Clause is a more appropriate source of power than the Commerce Clause.
The Foreign Commerce Clause does not give Congress the power to regulate everything that might have some potential effect on international trade. That common-sense conclusion has important implications for federal power over domestic commerce, as well.
She will be the first woman to lead the nation's highest-ranked law school. Also, the first federalism scholar to do so. Gerken is a leader in that field, and has sought to persuade liberals that federalism has greater value than many think.
Neil Gorsuch is a much better pick than I expected from Donald Trump. But he has potential flaws, and the selection should not blind us to the long-term implications of the Trumpist threat to the Constitution.
San Francisco has become the first city to challenge this blatantly unconstitutional order in court.
Trump's executive order pulling federal funding from sanctuary cities has serious constitutional problems. It is potentially a menace to constitutional federalism and separation of powers.
Liberals aren't the only ones who have good reason to oppose Trump's nomination of Jeff Sessions to be attorney general.
A response to NYU law professor Rick Hills' critique of my case for "voting with your feet."
My response to Yale law professor Heather Gerken's argument against enforceable constitutional limits on federal power. We need those limits to keep dissenting states from getting trumped by Trump - or any other federal enforcer.