Democrats and Republicans Alike Get the Supremacy Clause Wrong

When the issue of federal power over states’ rights come into the forefront, Democrats are quick to cite the supremacy clause as beyond debate.  Yet, Republicans often use the same talking points.  When GOP policies need that extra “federal muscle,” Republicans imitate their political opponents and claim federal law as supreme without question.

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‘Conservatives’ Remain Shamefully Silent on Unconstitutional Federal Gaming Ban

The strength of the movement to reinvigorate the Tenth Amendment comes from the states and not from Washington, DC where, unfortunately, even those who wrap themselves in the Constitution often fall short in their defense of it. That is especially true when political allies and campaign supporters demand the federal government “do something,” even it tramples on the Tenth Amendment. That’s exactly what is happening with the campaign to outlaw Internet gaming.

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The Ninth Circuit on Foreign Relations Federalism

The Ninth Circuit (Judge Harry Pregerson writing) had an interesting recent decision regarding foreign relations federalism in Cassirer v. Thyssen-Bornemisza Collection Foundation. The case involves California Code of Civil Procedure § 338(c)(3), which extends the statute of limitations for suit for the recovery of fine art against a museum, gallery, auctioneer, or dealer.

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A Question for Limited Government Centralizers

The phenomenon that continues to amaze me is how we who believe in decentralization often find ourselves in political agreement with people who hold completely different conceptions about the correct role of government. Conversely, those who agree with us politically are often the harshest critics of our insistence on decentralization.

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