The Supreme Court’s Role in Restoring Federalism
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.
- Is federalism an anachronistic expectation?
- Do you agree with Justice Thomas’s dissenting opinion in Gonzalez v. Raich (2005)?
- 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.