What is federalism and does the Court strengthen it or weaken it in this case?

federalism

Shelby County v. Holder, 570 U.S. 2 (2013)

  1. This case deals with principles of federalism.  What is federalism and does the Court strengthen it or weaken it in this case?
  2. What is the “principle of equal sovereignty”?
  3. Does the majority’s reasoning in this case reflect originalist jurisprudence or living constitution jurisprudence?

INS v. Chada, 462 U.S. 919 (1983)

  1. What is the legislative veto?
  2. What was the Court’s reasoning in this decision?
  3. Are any of the three branches of the federal government strengthened or weakened by this decision?

Chevron v. NRDC, 467 U.S. 837 (1984)

  1. What was the legal question that Court was trying to answer in this case?
  2. Since Chevron was decided the Court and commentators have used the phrase “administrative deference” or “Chevron deference”. What does this mean?
  3. Big Think Question: What implications, if any, does administrative government, including Chevron deference, have regarding the constitutional doctrine of separation of powers?

Charles J. Cooper, “Confronting the Administrative State,” National Affairs No. 25 (Fall 2015): 96-108.

  1. What is Cooper’s thesis and what evidence is used to support it?
  2. Do you agree with Cooper’s argument?  Explain.

REINS Act (2017-2018)https://www.congress.gov/bill/115th-congress/house-bill/26/text

  1. What is the policy objective of this proposed law?
  2. Do you think this is a wise objective?  Why or why not?  Make an argument.
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