Category federalism

Paristeria

That we live in an age of political hyperbole has been demonstrated too many times so as to be self-evident at this point. And this week is just another case-in-point. Yesterday, President Trump announced his decision to withdraw the United States from the non-binding, unenforceable (and probably illegal) Paris Climate Agreement. Based upon reactions from […]

The Privilege or Immunities Clause, Originalism, and Gender Equality

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States . . . . U.S. Const., amend. XIV In 1873, in The Slaughter-House Cases and Bradwell v. Illinois, the Supreme Court took a sledgehammer to the idea that the Privileges or Immunities Clause of […]

Federalism 2: The Revenge

In 1993, Congress passed the Brady Handgun Violence Prevention Act. Among its various initiatives, it provided for the creation of a national background check system by which to screen prospective gun purchasers. This created a dilemma, however: the United States is a mess of separate and overlapping jurisdictions, and most crime is dealt with at […]