• Articles

    Regulatory Takings Law: Penn Central v. City of New York [No. 86]

    It’s very common for landowners to bring takings challenges against zoning laws and against environmental restrictions. In all these cases, the landowners say that they’ve suffered a loss of property because they have right to use their property. The major case in this field is a case called Penn Central Transportation versus the City of New York. The company, Penn Central, was complaining that New York City was telling it it could not build an office building on top of Grand Central Railway, and Penn Central wanted to argue, “you have to look at the air rights that we had in our land, and those have been totally extinguished.” A…

  • 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.…

  • Chapter 2 Federalism
    Articles,  Blog

    Chapter 2 Federalism

    [Music] [Music] Glossary Central and State government working together people of particular country for example for example people of India are called Indians. Another example a person born and brought up in America is called an American. income or returns Levels – two or three tier Village Council City Council Topic of chapter two The topic for chapter two is Federalism. Across the world, various countries have two sets of governments that rule the country. One is the Central government and the other is the State government. Both the governments rule the country. For example, in India the major power lies with Central government which is in Delhi. The State…

  • Articles

    Elected v. Appointed: Senators & the Seventeenth Amendment [POLICYbrief]

    The framers had two things in mind with the original composition of the Senate who they essentially thought that in contract to the House, which would always be populist and sort of defined by hardscrabble political campaigning, the Senate instead would elevate the best people; business people, war heroes, lawyers; and so they would bring probity and judgment into the body. The House and the Senate were two parts of one whole, the U.S. Congress, and the House was elected every two years. They had smaller districts, and people could register their satisfaction or dissatisfaction pretty easily. They wanted to make sure that popular sentiment didn’t really determine whatever the…

  • Articles

    The Clean Power Plan: The EPA & Climate Change Policy

    President Obama issued an executive order containing a climate action plan that directed EPA to reduce greenhouse gas emissions from power plants that produce electricity. The Clean Power Plan was the culmination of that executive action. It was a regulation promulgated under EPA’s authority to reduce the amount of fossil fuels that would be combusted for power in favor of renewable sources. Traditionally, most electricity in the United States was made through combusting coal or natural gas and power plants. The Clean Power Plan required a significant reduction in the amount of energy that could be generated in that way. It’s not really a pollution control program, it is an…

  • Articles

    Regulating Rideshare: Uber & Lyft in Austin, TX

    I moved my family to Austin in 2000. The population since we got here has doubled. Austin has, for the size of the city, one of the most mediocre transit systems in America. Traditionally, regulation has been put in place for all the best of intentions. I’ve been a Council Member since January of 2015. My concern was getting in and saying, look, let’s get some technical solutions to fixing the traffic congestion. It’s meant to lower prices or offer us more choices or provide higher quality goods or solve information problems. But instead the new City Council chose to focus on Uber and Lyft. When Uber and Lyft first…

  • 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…

  • Articles

    What Power Does Congress Have to Regulate Commerce? [No. 86]

    The founders were extremely concerned with the promotion and regulation of commerce. Commerce being the buying and selling, trading, movement and transport of goods and people from one place to another, which were necessary in order to provide for economic prosperity. There was, of course, three types of commerce that were covered by the national powers of the Congress, one was the power to regulate commerce with foreign nations. Secondly, the power to regulate commerce among the several states, and thirdly commerce with Indian tribes, leaving a fourth category of commerce that was not given to Congress to regulate and that was commerce that existed wholly within a state. Once…

  • Govt 2305 apt lesson03 Federalism
    Articles,  Blog

    Govt 2305 apt lesson03 Federalism

    hello this is mr. Seymour and this is going to be Chapter three of your lecture series from the textbook American politics today and this chapter is covering the topic of federalism the question of federalism is should the government require for instance all Americans to have health insurance while individual Americans disagreed about this question the states and the federal government also disagreed about the role of the state in implementing the Affordable Care Act or Obamacare now this is just one example of the issue of federalism is investigating the relationship between the state and the federal government. Federalism is a system that gives some sovereign power to…

  • Articles

    Contenders in the Debate over the Construction Zone [No. 86]

    One of the central questions about the extent of the construction zone, is the extent to which the Constitution has a legal meaning. Which is necessarily a technical meaning. The concepts are probably polished, as it were, compared to the concepts in ordinary language. The question is how was the Constitution understood? What kind of meaning did it have at that time? Maybe the context was thin, maybe it was thick. That’s I think a major debate in Originalism that’s going on right now. So, let me tell you about some of the contenders in that debate. To begin with someone who has the thinnest view of originalist meaning is…