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