• The Importance and Persistence of State Political Identity | Ernest Young
    Articles,  Blog

    The Importance and Persistence of State Political Identity | Ernest Young

    I want to start by thanking Andrew Bibby and the Center for Constitutional Studies for inviting me. It’s great to be here. I also want to thank all of you for being here this morning. Nothing warms the cockles of my heart more than on a beautiful day of the last day before fall break to see a bunch of students turn out to hear people talk about federalism. I’m not really here to talk about federalism as a constitutional principle. I want to talk about the sociological underpinnings the cultural underpinnings of federalism. I want to look under the hood of the constitutional doctrine and see what is there.…

  • Judicial Enforcement of Federalism: What Happened to the Federalism Revival? | Robert Negal
    Articles,  Blog

    Judicial Enforcement of Federalism: What Happened to the Federalism Revival? | Robert Negal

    Like a lot of other panelist I want to express my appreciation to the people that put this conference together. I’ve learned a great deal over the last couple days listening to the other panelists and I am particularly pleased and honored even though I’m about to run off the stage to be up here with Malcolm Feely who was extremely eminent scholar in this field. He among the many articles that he has written on the subject that made him famous is a article he co-authored that said, pretty much I think this is accurate, you can rebut me one running out the door. That people who are fascinated…

  • From the Founder’s Federalism to the Administrative State | Paul Moreno
    Articles,  Blog

    From the Founder’s Federalism to the Administrative State | Paul Moreno

    I’m going to defend the kind of states rights of federalism that professor Barbara has described. No Calhoon-ite but there is, I think, an alternative to the kind of national federalism that he did describe. I’m going to claim that that was the Founders constitutionalism or the Founders view of federalism, which was meant to prevent unlimited government or the kind of centralized bureaucratic state that we have today. On the other hand, I do want to emphasize that the Founders believed that federalism was instrumental. Federalism was not something that was an end in itself or good for its own purposes but it was meant to protect a more…

  • Were the Framers Right About Constitutional Design? The US Constitution in Comparative Perspective
    Articles,  Blog

    Were the Framers Right About Constitutional Design? The US Constitution in Comparative Perspective

    – [Narrator] This program is presented by University of California Television. Like what you learn? Visit our website, or follow us on Facebook and Twitter to keep up with the latest UCTV programs. (upbeat instrumental music) – Our speaker today is a graduate of our own. Thomas Ginsburg, he grew up in this area and then did his undergraduate degree, his law degree, and his doctorate in jurisprudence and social policy, all three, at Berkeley. His publications are listed, and I won’t repeat what’s in the program in that regard, ’cause we wanna give him maximum time, but I’ll just make this remark. Since he left us for this brilliant…

  • Disentangling Decentralization from Federalism | Malcolm Feeley
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    Disentangling Decentralization from Federalism | Malcolm Feeley

    Thanks so much for having me here. I come back almost every year to canoe the Green River from Green River to the confluence and to spend a few happy days in Moab and drive down the the Escalante grade and love it. In his book, comparing the United States and Canada, written many years ago, the great political scientist and sociologist Seymour Martin Lipset, said that he who knows one country knows none. And so I have taken that to heart and so when when representative Ivory says where do we go from hair I suggest we go abroad for a while and then return back to the United…

  • Federalism and American Identity | Alan Tarr
    Articles,  Blog

    Federalism and American Identity | Alan Tarr

    Good Morning. First of all it’s a pleasure to be here and to have a chance to meet with other federalism scholars and students interested in federalism. Otherwise presumably you wouldn’t be here. My approach is going to be very different. The focus of my talk is on political identity and federalism. At ten years after Jefferson, Thomas Jefferson wrote the Declaration of Independence, he wrote a short book called “Notes on Virginia” and what’s striking about the book is that refers in the book Virginia as his country. His sentiment there is actually a sentiment which was widespread at the time of the American Founding. People identified closely with…

  • Federalism in the Age of Virtual Democracy | Jonathan Turley
    Articles,  Blog

    Federalism in the Age of Virtual Democracy | Jonathan Turley

    Thank you very much. I’m cleanup batter and first I want to say thank you very much at the Center to the University for holding this wonderful conference. I have to start out with one disclaimer which I’m required to give and that is particularly the on subject we’re talking about because I’m lead counsel for the US House of Representatives in the challenge of the ACA. I just have to state that whatever I’m gonna state from this point on, I’m not speaking for the House of Representatives, which I’m sure they would be very relieved to hear. Second, by the way the ACA suit, as was discussed earlier,…

  • Federalism and the Administrative State | Michael Greve
    Articles,  Blog

    Federalism and the Administrative State | Michael Greve

    I’m here to scare the living daylights out of you and it won’t take me 20 minutes. My assigned topic is the administrative state and federalalism. This is a very vibrant topic among law professors. There was an entire volume of the Duke Law journal on it. In 2008 Ernie Young wrote a terrific piece on that. It is an even bigger issue I think in political life and it is politically salient. Why is that? Here’s the way I think about it. For about a hundred and fifty years of our history our federalism came from the Constitution. This is a federalism they teach you. It’s a government of…

  • Madisonian Federalism | Colleen Sheehan
    Articles,  Blog

    Madisonian Federalism | Colleen Sheehan

    Thank you Paul, and I wanted to thank Dr. Andy Bibby who has done so much work I know putting this conference together. I’m honored to be to be invited with such an illustrious group of scholars, that you’ve assembled. I also wanted to thank the honorable members of the Utah State Legislature. It’s not everyday that politicians spend their time thinking about the principles of constitutional democracy. We could use more of that in Washington. It’s good to see that happening in Utah. And finally Dr. Ralph Hancock, my old friend, what a pleasure to see him. His work on Tocqueville is some of the best that there is.…