Tagged: Federalism

Delivering Due Deference

Chief Justice Roberts was nearly silent during oral argument, and then wrote the 6-3 majority opinion in today’s Obamacare case. Burt Likko replies to Justice Antonin Scalia’s accusations of through-the-looking-glass judicial activism.

When Text And Context Collide

Wednesday, the Supreme Court will entertain the latest challenge to Obamacare. If you can make it all the way through this post, you’re going to understand what’s going on way better than your neighbors. Added bonus: a significant detour through the jurisprudence of piscene spoliation, which you’ve no doubt all been anxiously awaiting.

One Court To Rule Them All

Burt Likko is no rail engineer. But he is a lawyer, and that means he can offer at least one suggestion to moderate the ongoing boondoggle that is the California High Speed Rail Project.

Our Unlovable Constitution

A new study by David S. Law and Mila Versteeg concludes that the world’s democracies are no longer emulating the U.S. Constitution, and are instead resorting to other templates that guarantee more “generic building...

Arizona: Enemy of Federalism

By Transplanted Lawyer So the Federal Department of Justice has sued the State of Arizona over Arizona’s immigration law. Once again, I am forced to think critically about something of which I superficially would...

Geography, Politics, and Arrogance

Last week, Erik and I had a fun discussion about the role of geography in shaping one’s political opinions, what this means for Erik’s arguments for competitive federalism and localism, and the way in...

Float On

After reading several accounts of the Ephemerisle Festival (for those interested, a more in-depth explanation of the event – and seasteading – can be found here), I’m more convinced than ever that I really...

In Defense of Corruption*

One has to admire Murtha’s honesty. “If I’m corrupt, it’s because I take care of my district” might not represent the best of disinterested liberal governance, but it’s a refreshingly frank admission of his...