Once virtually eliminated in the United States, bedbugs are back with a vengeance. Earlier this summer Environmental Protection Agency and Centers for Disease Control and Prevention reported the little pests had made an “alarming resurgence,” possibly due to increased resistance to available pesticides and a decline in local pest control programs. Some pesticides once used for […]
Archive | Federalism
The Future of the European Union
The European Union has been one of the most interesting experiments in federalism of the post-World War II era. At present, the EU is a very weak federal government, if one can all it a government at all. In some ways, it is even weaker than US government was under the Articles of Confederation that […]
The Individual Health Care Mandate and Enumerated Powers – Event Audio
By David Kopel on August 7, 2010 6:07 pm in Constitutional Law, Federalism, Health Care, Necessary and Proper, Taxing and Spending Clause, Tenth Amendment
The final event at the annual meeting of the Southeastern Association of Law Schools was a Federalist Society panel on the constitutionality of the centralized health control law. Participants were Randy Barnett (Georgetown, VC), Jack Balkin (Yale), Gillian Metzger (Columbia), and me (Denver, VC). The moderator was Bradley A. Smith (Capital). Available here. The recording is 93 minutes, although the event itself ran […]
My Washington Examiner Op Ed on The Recent Ruling in the Virginia Health Care Lawsuit
By Ilya Somin on August 5, 2010 5:16 pm in Commerce Clause, Federalism, Health Care, Individual Mandate, Necessary and Proper, Spending Clause
The Washington Examiner recently posted my op ed on Monday’s ruling in the Virginia health care lawsuit, which I previously discussed in this post: Monday’s federal district court decision refusing to dismiss a lawsuit challenging the constitutionality of the Obama health care plan is an important step forward for opponents of the plan. The suit […]
Thoughts on the Federal District Court Ruling Refusing to Dismiss the Virginia Health Care Lawsuit
By Ilya Somin on August 2, 2010 1:09 pm in Commerce Clause, Federalism, Health Care, Individual Mandate, Spending Clause
Federal District Judge Henry Hudson’s opinion refusing to dismiss Virginia’s lawsuit challenging the constitutionality of the Obama health care plan has several interesting aspects. The suit focuses primarily on a challenge to the “individual mandate” element of the plan, which requires most American citizens and legal residents to purchase a government-approved health insurance plan by […]
Judge Won’t Dismiss Virginia Health Care Challenge
The Washington Post is reporting that a federal judge has denied the Obama Administration’s motion to dismiss Virginia’s constitutional challenge to the recently enacted health care reform law. UPDATE: Thanks to Dave Hoffman at Concurring Opinions, here’s the district court opinion. It concludes: While this case raises a host of complex constitutional issues, all seem […]
More Thoughts on the AZ Immigration Ruling
A few more thoughts on Judge Bolton’s ruling in the Arizona immigration case. As noted below, on Wednesday Judge Bolton issued a preliminary injunction blocking several key provisions of Arizona’s law from taking effect on the grounds that the federal government is likely to succeed in arguing that some of its provisions (but not others) […]
Judge Enjoins Most of AZ Immigration Law
This morning, U.S. District Court Judge Susan Bolton issued a preliminary injunction blocking key provisions of Arizona’s immigration law from taking effect on the grounds that these provisions are likely to be preempted by federal law. The Arizona Republic reports: Key parts of Senate Bill 1070 that will not go into effect Thursday: • The […]
Are Asian Carp a “Public Nuisance”?
Five states filed suit against the federal government and Chicago yesterday, alleging that the U.S Army Corps of Engineers and Metropolitan Water Reclamation District of Greater Chicago have created a “public nuisance” through the maintenance of water infrastructure (locks, intakes, etc.) that could enable the Asian carp to enter the Great Lakes (if they have […]
Administration Now Says Individual Mandate Is a “Tax”
During the debate over health care reform, the Obama Administration steadfastly denied that a statutory penalty for failing to purchase a government-approved health insurance policy would constitute a “tax.” The President himself categorically rejected the argument that the mandate is a tax in an ABC interview. Now, however, the Administration is relying upon the federal […]
DOMA case and the Tenth Amendment
By David Kopel on July 9, 2010 12:49 am in Constitutional Law, Federalism, Gay Marriage, Health Care, Tenth Amendment
Jack Balkin has an interesting post on today’s two Defense of Marriage Act cases from the federal District of Massachusetts, Gill v. Office of Personnel Management, and Massachusetts v. HHS. The latter case found DOMA unconstitutional, as applied to Massachusetts, because DOMA violates the Tenth Amendment by infringing the state’s traditional core sovereign power of defining […]
DOMA Section 3 Unconstitutional, Says Massachusetts District Court
By Dale Carpenter on July 8, 2010 5:41 pm in Federalism, Gay Marriage, Same-Sex Marriage, Sexual Orientation, Spending Clause
That’s the decision this afternoon, based on equal protection principles applied to the federal government through the Fifth Amendment’s Due Process Clause. Section 3 of the Defense of Marriage Act of 1996 established a federal definition of marriage for the first time. This meant that the federal government could refuse to grant validly married same-sex […]
Opinio Juris’ Peter Spiro on the Arizona Lawsuit
Temple University law professor Peter Spiro, friend and Opinio Juris co-blogger, was interviewed by one of the Wall Street Journal blogs on the likely holdings in the Arizona lawsuit by the federal government. Parts of his WSJ response can be found here at Opinio Juris. Peter expands in a later Opinio Juris post. (I do […]
DoJ Files Suit Against Arizona Immigration Law
Yesterday the Justice Department filed suit against Arizona’s controversial immigration law, alleging that it is preempted by federal law and seeking an injunction against its enforcement. The NYT reports: The Justice Department argues the law would divert federal and local law enforcement officers by making them focus on people who may not have committed crimes, […]
Federalist 46
By David Kopel on June 30, 2010 5:19 pm in Constitutional History, Federalism, Guns, History, Originalism
“The Influence of the State and Federal Governments Compared,” from the New York Packet, by James Madison. My essay thereon is here, at Constituting America’s series on The Federalist. Bottom line: even taking into account the many changes over the last two and quarter centuries, Madison was generally right.