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The Tug of War Over the U.S. Constitution

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

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The Tug of War Over the U.S. Constitution

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  1. The Tug of War Over the U.S. Constitution David Davenport Crystal Serenity February, 2011

  2. Reading of Constitution in House Requirement to show Constitutional power for new bill States can repeal federal laws? Constitution in the News(Federal)

  3. 27 states sue over healthcare reform Major same-sex marriage cases Arizona immigration law challenged Constitution In the News(States)

  4. Federal-State Tug of War • Supremacy clause • Commerce clause • Tenth Amendment • Conditional spending power

  5. Healthcare and Constitution

  6. Unfunded Mandates

  7. States Forced to Conform Medicaid

  8. Individual Mandate: The Commerce Clause

  9. Is the $650 charge a penalty or a tax? Is the taxing authority this broad? Individual Mandate: The Taxing Power

  10. The Role of Public Opinion

  11. Immigration Reform

  12. Article VI: “This Constitution….and the laws of the United States…. shall be the Supreme law of the land.” Federal preemption vs. Complementary Jurisdiction Supremacy Clause and Federal Preemption

  13. Arizona Law Complementary?

  14. Other States Have Immigration Laws

  15. Same Sex Marriage

  16. 10th Amendment Reserves Power to States

  17. Education a Classic State and Local Matter

  18. But Education PresidentsBegan to Federalize Education

  19. Presidents Federalize Education

  20. Conditional Spending Power Is Limited

  21. Tipping Point for States

  22. FDR’s Constitutional Challenges

  23. How Will Justices Decide?

  24. My Own View

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