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The Tug of War Over the U.S. Constitution. David Davenport Crystal Serenity February, 2011. Reading of Constitution in House Requirement to show Constitutional power for new bill States can repeal federal laws?. Constitution in the News (Federal). 27 states sue over healthcare reform - PowerPoint PPT Presentation
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The Tug of War Over the The Tug of War Over the U.S. Constitution U.S. Constitution
David DavenportDavid DavenportCrystal SerenityCrystal SerenityFebruary, 2011February, 2011
Constitution in the NewsConstitution in the News(Federal)(Federal)
Reading of Reading of Constitution in HouseConstitution in House
Requirement to show Requirement to show Constitutional power Constitutional power for new billfor new bill
States can repeal States can repeal federal laws?federal laws?
Constitution In the NewsConstitution In the News(States)(States)
27 states sue over 27 states sue over healthcare reformhealthcare reform
Major same-sex Major same-sex marriage cases marriage cases
Arizona immigration Arizona immigration law challengedlaw challenged
Federal-State Tug of WarFederal-State Tug of War
• Supremacy clauseSupremacy clause
• Commerce clauseCommerce clause
• Tenth AmendmentTenth Amendment
• Conditional spending Conditional spending powerpower
Healthcare and ConstitutionHealthcare and Constitution
Unfunded MandatesUnfunded Mandates
States Forced to States Forced to Conform MedicaidConform Medicaid
Individual Mandate: The Commerce Individual Mandate: The Commerce ClauseClause
Individual Mandate: The Taxing Individual Mandate: The Taxing PowerPower
• Is the $650 charge a Is the $650 charge a penalty or a tax?penalty or a tax?
• Is the taxing authority Is the taxing authority this broad?this broad?
The Role of Public OpinionThe Role of Public Opinion
Immigration Reform Immigration Reform
Supremacy Clause and Federal Supremacy Clause and Federal PreemptionPreemption
Article VI: “This Article VI: “This Constitution….and Constitution….and
the laws of the the laws of the
United States….United States….
shall be the shall be the
Supreme law of the Supreme law of the land.” land.”
Federal preemption Federal preemption
vs.vs.
Complementary Complementary
Jurisdiction Jurisdiction
Arizona Law Complementary?Arizona Law Complementary?
Other States Have Immigration LawsOther States Have Immigration Laws
Same Sex MarriageSame Sex Marriage
10th Amendment Reserves 10th Amendment Reserves Power to StatesPower to States
Education a Classic Education a Classic State and Local MatterState and Local Matter
But Education PresidentsBut Education PresidentsBegan to Federalize EducationBegan to Federalize Education
Presidents Federalize EducationPresidents Federalize Education
Conditional Spending Power Conditional Spending Power Is LimitedIs Limited
Tipping Point for StatesTipping Point for States
FDR’s Constitutional ChallengesFDR’s Constitutional Challenges
How Will Justices Decide?How Will Justices Decide?
My Own ViewMy Own View
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