Unlike Biden and Trump, Kamala Harris Has Repeatedly Supported Pot Legalization
The presumptive Democratic nominee has a more liberal drug policy record than both the president and the Republican presidential nominee.
Federalism
Federalism Could Heal a Divided Nation
There’s less reason to fight when one-size-fits-all policies are replaced with local diversity.
Ruling in Favor of DIY Distillers Affirms Limits on Congressional Power
A federal judge rejected the government’s excuses for banning home production of liquor.
Court Holds Federal Ban on Home-Distilling Exceeds Congress' Enumerated Powers
A potentially important post-NFIB enumerated powers challenge.
Trump's Abortion Dilemma
The "most pro-life president in American history" cannot please hardline activists without alienating voters.
The Collective-Action Constitution in an Era of Polarization and Animosity: An Elegy?
Fifth in a series of guest-blogging posts.
A Collective-Action Theory of the Constitution's Federal Structure
Fourth in a series of guest-blogging posts.
Constitutional Interpretation in The Collective-Action Constitution
Third in a seris of guest-blogging posts.
The Collective-Action Constitution: A Brief History of an Idea
Second in a series of guest-blogging posts.
The Collective-Action Constitution: Introduction
First in a series of guest-blogging posts.
Neil Siegel Guest-Blogging About His New Book "The Collective-Action Constitution"
The book argues that the structural elements of the Constitution should be interpreted in a way that empowers the federal government to address collective action problems facing the states.
Can a Criminal Enterprise Commit an Unfair Labor Practice?
Does the National Labor Relations Board have jurisdiction over a medical marijuana dispensary's treatment of its employees?
New UnPopulist Article About How Sanctuary Jurisdictions Can Help Curb Overreaching Presidents
I cover both liberal immigration sanctuaries and conservative gun sanctuaries, and the more general principles behind them.
Biden Decries a 'Failed Approach to Marijuana' but Sticks With It
Rescheduling does not resolve the conflict between federal pot prohibition and state rejection of that policy.
Biden's Spin on Marijuana's Rescheduling Exaggerates Its Practical Impact
Contrary to the president's rhetoric, moving marijuana to Schedule III will leave federal pot prohibition essentially unchanged.
Federal Court Rules Laws Restricting Interstate Travel for Abortion Violate the Right to Travel
The decision addresses an important issue left open by the Supreme Court's decision reversing Roe v. Wade.
How California's Ban on Diesel Locomotives Could Have Major National Repercussions
No technology exists today to enable railroads to comply with the state's diktat, which villainizes a mode of transportation that is actually quite energy efficient.
Rescheduling Marijuana Does Not Address Today's Central Cannabis Issue
Moving marijuana to Schedule III, as the DEA plans to do, leaves federal pot prohibition essentially untouched.
Congress Does Not Come Back With a Warrant
Plus: A listener asks the editors for examples of tasks the government does well (yikes).
New Federal Rules for Independent Contractors Will Destroy Freelancers' Livelihoods
A similar law in California had disastrous consequences.
Trump's Abortion Stance Is Convenient, but That Does Not Mean He's Wrong
His embrace of federalism is one of those rare instances when political expedience coincides with constitutional principles.
Embracing a Federalist Approach to Abortion, Trump Condemns Democrats As 'Radical'
The former and would-be president is keen to avoid alienating voters who reject both kinds of extremism on the issue.
Biden's Inaccurate and Inadequate Lip Service to Marijuana Reform Ignores Today's Central Cannabis Issue
The president has not expunged marijuana records or decriminalized possession, which in any case would fall far short of the legalization that voters want.
After 17 Years, Feds Stop Trying To Imprison a Licensed Medical Marijuana Provider
Charlie Lynch’s ordeal is a vivid reminder of a senseless prohibition policy that persists thanks to political inertia.
Supreme Court Unanimously Rules That States May Not Disqualify Trump As an Insurrectionist
Three justices who concurred in that judgment accuse the majority of trying to "insulate all alleged insurrectionists from future challenges" by going further than necessary.
Utah Tells the Feds To Pound Sand
The Beehive State joins a growing wave of defiance aimed at Washington, D.C.
Thoughts on the Supreme Court Oral Argument in the Trump Section 3 Case
The justices might well overrule the Colorado Supreme Court on the grounds that only Congress has power to enforce Section 3 of the 14th Amendment. Such a ruling would be a serious mistake.
No, Texas Has Not "Defied" The Supreme Court
Perhaps Governor Abbott will flout a directive from the Supreme Court in a future case, but reports of Texas "defying" the Supreme Court are bunk, and many making such claims should know better.
The Newly Unveiled HHS Rationale for Rescheduling Marijuana Underlines Drug Warriors' Dishonesty
The points about marijuana's risks and benefits that the department now concedes were clear long before last August.
My Forthcoming Article on "Empowering Hispanics to Vote With Their Feet"
It's part of the annual Frankel Lecture symposium in the Houston Law Review.
My Contribution to Brennan Center Symposium on the Most Significant State Constitutional Cases of 2023
I focus on the Washington Supreme Court's flawed decision holding an eviction moratorium is not a taking of private property.
My Forthcoming Publius Review of Christopher Zurn, "Splitsville, USA: A Democratic Argument for Breaking Up the United States"
The book argues democracy can be preserved and improved by breaking up the United States into two or more new nations.
Justice O'Connor's Parting Dissents Highlighted the Twin Perils of Local Tyranny and Federal Overreach
The late Supreme Court justice eloquently defended property rights and state autonomy.
Sandra Day O'Connor, RIP
She was the first woman Supreme Court justice, and played a key role in changing the Court's jurisprudence for the better on several issues.
New Edition of "Freedom in the Fifty States"
The Cato Institute recently published the latest edition of its ranking of personal, economic, and overall freedom in the states.
Written Version of My Talk on "How Federalism Promotes Unity Through Diversity"
This speech, which I gave at a Federalist Society conference, is now available in a written version on SSRN. It will be published by the Harvard Journal of Law and Public Policy.
Trump's Abortion Triangulation Makes Political Sense but Belies His 'Pro-Life' Pose
The former president is right to worry that supporting restrictions on abortion could hurt him in the general election.
Interstate Travel to Get Abortions has Prevented the Dobbs Decision from Significantly Reducing the Number of Abortions in the US
Some estimates suggest the number of abortions has even increased.
A Conservative Constitutional Argument Against a National Abortion Ban
Conservative legal scholar William Hodes argues that federal restrictions on abortion are beyond the scope of Congressional power.
Why Israelis Are Taking to the Streets
The furious response to a seemingly modest reform reflects a broader dispute about the role of courts in a democracy.
'Freedom Conservatism' Statement of Principles Shows the New Right Isn't the Only Game in Town
A new document with more than 80 signatories puts liberty, not government, at the heart of the conservative movement.
My New Brennan Center Article on Tyler v. Hennepin County and the Cross-Ideological Case for Stronger Judicial Protection for Constitutional Property Rights
The Tyler home equity theft case is just the tip of a much larger iceberg of property rights issues where stronger judicial protection can protect the interests of the poor and minorities, as well as promote the federalist values of localism and diversity.
'Cash Is Independence': Ron DeSantis Slams the Government's Plan for Centrally-Controlled Digital Money
"If you don't trust central authority, then you should see this immediately as something that is very problematic," says the Florida governor.
Federal Zoning Bill Would Preempt Local Parking Mandates
The legislation would give property owners "sole discretion" in deciding how many parking spaces they want to build.
Is Clarence Thomas Ethically Challenged?
Plus: What the editors hate most about the IRS and tax day
Debate: It's Time for a National Divorce
Are political breakups really as American as apple pie?
