Federalism

U.S. Grant and the Left-Right Lines

By Justin Katz | September 29, 2012 |

Two lines of debate in the battle of Left versus Right cross frequently. One is the question of whether history has an inexorable pull toward which it progresses, making it possible for there to be a “right side” of history that one can predict beforehand for a given issue.  The other is whether one’s side…

Founding Philosophy on a Friday

By Marc Comtois | September 21, 2012 |

From Matthew Continetti’s review of The Founders’ Key: The Divine and Natural Connection Between the Declaration and the Constitution and What We Risk by Losing It, by Larry P. Arnn: An observer of contemporary American politics would assume that we have rights to just about everything—not only to those freedoms mentioned specifically in the Declaration,…

The Appropriate Response to Totalitarians

By Justin Katz | January 14, 2012 |

The aggressive and heated response to Jessica Ahlquist, upon her success in leveraging the power of the federal government to impose her religious preferences on her community’s public high school, is ignorant, unproductive, and completely at odds with the message of the prayer banner that the federal judge ordered removed and the broader faith espoused…

Some Possible Balanced Budget Amendments

By Carroll Andrew Morse | August 3, 2011 |

In the Federal debt-ceiling deal passed yesterday, as an alternative in phase II to a specific program cuts projected to cut spending by 1.2 trillion dollars, the debt-ceiling can be raised by 1.5 trillion dollars if Congress sends a balanced budget amendment to the US Constitution to the states for ratification. This raises the question…

The Shape of the Governor’s Solutions

By Justin Katz | March 3, 2011 |

Governor Chafee isn’t giving many clues as to the decisions that he’s making as he builds his budget proposal, but some statements that he has been willing to make are telling with regard to his approach, to say the least: Chafee did describe some specific priorities. He supports proposed federal legislation that would help the…

Correcting Federalism

By Justin Katz | November 9, 2010 |

In an essay that is, unfortunately, behind a subscription firewall, Ramesh Ponnuru takes a mildly contrarian position on federalism: Yet this may not be an auspicious time for a campaign to empower the states, since their own mismanagement has been in the headlines for several years. California and Illinois are the most familiar basket cases,…

The Straight Line Crosses Political Groupings

By Justin Katz | September 29, 2010 |

Timothy Sandefur’s edifying review of the shift in legal thought on the Supreme Court during the era of President Franklin Roosevelt’s progressive revolution points, among other things, to the way in which political groupings do not draw straight lines across history, such that a conservative or progressive today would have agreed with their supposed forerunners:…

Robert Healey on the Tenth Amendment

By Carroll Andrew Morse | August 28, 2010 |

At the Tenth Amendment rally at the Rhode Island statehouse a week ago Saturday, I asked Robert Healey, who has litigated Ninth and Tenth Amendment issues before the courts, about the current legal interpretation of the Tenth Amendment, and whether he believes the goal of Tenth Amendment activists should be to hold the Federal Government…

Congress Lacks a Constitutionally Granted Power to Define Marriage, † Œ Ø ¿

By Justin Katz | July 10, 2010 |

Andrew’s #5 makes me wonder whether he isn’t too enamored of the opportunity to oppose lefitsts in the course of supporting a liberal judicial ruling. I’ll admit that I, too, find it very interesting that my reasons for disagreeing with Judge Tauro’s rulings (as I understand them) ought to ally me with a variety of…

Congress Lacks a Constitutionally Granted Power to Define Marriage III

By Carroll Andrew Morse | July 10, 2010 |

What started out as a comment in response to Justin’s post here has expanded to size of a full-blown post of its own…I’m actually not a big fan of the “Bongiorno” test, which seems to me to be yet another example of the basis of the Federal government being shifted away from the idea of…

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