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Uncooperative Federalism: State Resistance and Noncompliance is Essential

Uncooperative Federalism: State Resistance and Noncompliance is Essential

Tenth Amendment Center ^ | June 9, 2015 | TJ Martinell

Posted on 6/10/2015, 12:23:50 PM by GregoTX

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Is the idea of federalism dead? Does the concept have no relevance in the modern world? Not according to Ernest Young, who addressed the topic in an essay titled “Federalism as a Constitutional Principle.” The essay was given as the William Howard Taft Lecture on Constitutional Law at the University of Cincinnati College of Law on October 28, 2014. In fact, Young believes that federalism, and understanding its concepts, is needed more than ever. “The need for federalism has radically increased as the world has become more diverse, complex, and interconnected,” he said. He starts off citing the 1995 Supreme Court case United States v. Lopez. The case concerned a man convicted under the federal Gun Free School Zones Act, which the man argued went beyond Congress’s legislative power under the Commerce Clause. During the oral argument, Justice O’Connor asked Solicitor General Drew Days that if the Gun Free School Zones Act were constitutional, would there be anything left that Congress could not regulate. His response: He was “not prepared to speculate generally.” Such a response is alarming, Young said, because it displayed a disinterest in limitations on the federal government, a critically component of federalism. Also perturbing, he said, is the attitude that the Constitution’s provisions can be ignored or followed based on preference.

(Excerpt) Read more at tenthamendmentcenter.com …

via Uncooperative Federalism: State Resistance and Noncompliance is Essential.

via Uncooperative Federalism: State Resistance and Noncompliance is Essential.

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  1. June 10, 2015 at 11:48 am
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