• Constitution at a Crossroads | Akhil Reed Amar
    Articles,  Blog

    Constitution at a Crossroads | Akhil Reed Amar

    Good morning. Welcome to the 2016 Constitutional Week Conference on Justice Scalia and his legacy in the Supreme Court. We’re just delighted to see everyone here. I see some familiar faces from my classes and I also understand that we have guests from junior high here as well in the back. So thank you all for coming We’re gonna get started right away here because our time is precious and so I’m just going to briefly just turn it over to the new director of the Center for Constitutional Studies, Rodney Smith. Thank you very much and thank you for everyone that’s put this wonderful event together. This is perhaps…

  • The Importance and Persistence of State Political Identity | Ernest Young
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    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
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    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…

  • Defending States’ Rights: Impossible (Almost) | Sotirios Barber
    Articles,  Blog

    Defending States’ Rights: Impossible (Almost) | Sotirios Barber

    I want to thank Professor Bibby and Thomas Hone for their work in putting this conference together and inviting me to this really beautiful state and this exciting University. Also the students who have helped to shuttle us around: Aaron, Top, and Jeremy. The subject of the conference is federalism and I’m going to be talking about states rights federalism. I’ll keep my comments brief because I’m anxious to hear what the others have to say, especially what the Congressman has to say. If you’re dealing with a practical subject “walking the walk and talking the talk” are closely connected. You don’t want to talk the talk that can’t be…

  • 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…

  • The Contemporary Value of Federalism | John Dinan
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    The Contemporary Value of Federalism | John Dinan

    Thank you very much Andy and thank you to all those who helped to organize this conference. What a terrific job and in assembling this conference I’m very appreciative of the chance to be here. Well debates about federalism much like the American federalist system itself are constantly evolving. Each generation brings forth new critiques new questions about the American federal system and whether it’s contributing to effective governance and it’s important for us to consider these critiques of American federalism as I propose to do today and it’s important for several reasons perhaps most important I’ll point this out front center because if we ever concluded that the American…

  • Madisonian Federalism | Jack Rakove
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    Madisonian Federalism | Jack Rakove

    Colleen and I are gonna try to take about half an hour each this morning to talk about something we called Madisonian federalism. The adjective Madisonian appears a lot these days in the literature of political science and history. We talk a lot about the Madisonian constitution that we assume the Constitution is inherently a Madisonian document. There is some irony to this, Madison, if you know the history, Madison lost the proposals he cared most about, did not want to have the Federal Senate elected by the state legislatures, did not think the state should be equally represented in the senate. He was not even convinced that each state…

  • 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…

  • A Common Lawyer Looks at Supreme Court Constitutional Law | Richard Epstein
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    A Common Lawyer Looks at Supreme Court Constitutional Law | Richard Epstein

    First of all, I want to thank the Center for inviting me back again. I spoke at a very effective conference in the 2013 to 2014; and I was stunned by the level of turnout and interest the student body had here. And I was asked to give a speech at BYU, and so I called them up and said, “Could we have some kind of repeat?” And I’m very happy to say that we did. I also want to say that one of the ways in which you become an original and creative mind and constitutional law is not to teach the subject. I have taught constitutional war as…