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The Supreme Court’s Role in Restoring Federalism

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Published February 18, 2020

The Supreme Court is in a position to restore federalism to the balance originally envisioned in the Constitution. Over the twentieth century, the balance of power between states and the federal government has shifted as a result of overly expansive interpretations of the spending and commerce clauses.

Discussion Questions:

  1. Is federalism an anachronistic expectation?
  2. Do you agree with Justice Thomas’s dissenting opinion in Gonzalez v. Raich (2005)?
     

Additional resources:

  • Read “The Supreme Court Should Make Politics Local Again” by John Yoo and James C. Phillips, available here.
  • Read “A Clash of Judicial Visions” by John Yoo and James C. Phillips, available here.