Size Still Matters in the Federal Government's War on Marijuana - The Volokh ConspiracyThe Volokh Conspiracy

The Florida District Court Decision Rejecting the Federal Government's Motion to Dismiss the Case

the Due Process Clause. And while the opinion discusses the federal government’s traditional reliance

court to determine in the first instance whether the government’s interest in

Why Didn't the Federal Government Even Try to Argue the Commerce Clause in

response to learning of the investigation. According to the government’s brief, the

in a way that contravenes the structural limitations on the federal government’s powers …. The

entitled “Marijuana and the States: How Should Federalism Principles Inform the Federal Government’s Response to

of the police power. (The police power, broadly defined, is a government’s power to

of Military Intervention in Syria Size Still Matters in the Federal Government’s War on

Spending Clause +OK Continue Reading 0 Are States Required to Help the Federal Government’s “War on

its power. However, this position was premised on the notion that the federal government will usually (if

that the statute is not narrowly tailored to achieve the government’s interest. [The

extremely strong public-interest justification and a close fit between the government’s means and

nepotism, and ethnic and religious favoritism that currently bedevil the government's allocation of

entitled “Marijuana and the States: How Should Federalism Principles Inform the Federal Government’s Response to

27 minute podcas t from iVoices.org. NFIB as Marbury Neal Katyal on the Federal Government’s “Pyrrhic Victory

Taxing and Spending Clause , Uncategorized +OK Continue Reading 0 Neal Katyal on the Federal Government’s “Pyrrhic Victory

Taxing and Spending Clause , Uncategorized +OK Continue Reading 0 Neal Katyal on the Federal Government’s “Pyrrhic Victory

reflect the fact that the plaintiffs were only barred under the government's interpretation of

to violate the First Amendment. The decision declines the government’s invitation to

leaked all over the media, that leading generals were openly questioning the government's strategy, and

on June 18, 2011 3:52 pm in Supreme Court The government’s February 2010 cert. petition

and local governments and non-governmental conservation groups) would do were the federal government's regulatory authority

Clause , Federalism , Health Care , Individual Mandate +OK Continue Reading 0 Neal Katyal on the Federal Government’s “Pyrrhic Victory

power.” In particular: The modern state depends heavily on the federal government’s taxing and

is arguing that this is not a valid exercise of the federal government’s power under

that the key difference is the motive for the government's action: [U]nlike

many years," but she called the listing "premature." Her administration challenged the federal government's data, as

in Expert Evidence +OK Continue Reading 0 District Court Judge in Hutaree Case Rejects Government’s Conspiracy Theory Expert

on Drugs , Wiretap Act +OK Continue Reading 0 Size Still Matters in the Federal Government’s War on

Branch , Separation of Powers Last month, Judge Amy Berman Jackson denied the federal government’s motion to

a federal district court judge officially repudiated this claim. In denying the government’s motion to

Branch , Separation of Powers Last month, Judge Amy Berman Jackson denied the federal government’s motion to

of children by both of their biological parents” or that the government’s interest in

value even in the face of evidence that the government’s true (and

to violate the First Amendment. The decision declines the government’s invitation to

in a way that contravenes the structural limitations on the federal government’s powers …. The

the Individual Mandate The Florida District Court Decision Rejecting the Federal Government’s Motion to

the destination government requires, and if you don’t like  the destination government ‘s discrimination, go complain

apply to the states differently than it does to the federal government; this is an

power.” In particular: The modern state depends heavily on the federal government’s taxing and

US and the West. More generally, they have been using the government's control of

explains the Post 's approach to classified information and other government secrets uncovered by its

that, as applied to her, the statute is beyond the federal government’s enumerated powers

the Individual Mandate The Florida District Court Decision Rejecting the Federal Government’s Motion to

that, as applied to her, the statute is beyond the federal government’s enumerated powers

District Court for the District of Columbia denied the federal government’s motion to

District Court for the District of Columbia denied the federal government’s motion to

foster federalism. Such efforts could, at least at the margin, strengthen the federal government's accountability to

of numerous other authoritarian and quasi-authoritarian governments. Unlike its communist predecessor, today’s Russian government allows some

of numerous other authoritarian and quasi-authoritarian governments. Unlike its communist predecessor, today’s Russian government allows some

Drugs , War on Terror +OK Continue Reading 0 Size Still Matters in the Federal Government’s War on

Drugs , War on Terror +OK Continue Reading 0 Size Still Matters in the Federal Government’s War on

testimony, but that burden is justified by the importance of the government’s interests involved. So

Panetti v. Quarterman created a new exception to AEDPA's ban on federal court jurisdiction over "second

Branch , Separation of Powers Last month, Judge Amy Berman Jackson denied the federal government’s motion to

also burden political speech, Justice Kennedy explained, such requirements may be justified by the government’s interest in

this is true; for example, it may be easier for the federal government to redistribute

and other documents and pictures from those days, from the early 1960's on. That's very

Even then, the statute might have been upheld but for the government’s policy of

state religious exemption rules are so important, see this post . Open Thread on the Government’s Brief in

over the next decade of substantial unused lands owned by the federal government (“It’s time

Branch , Separation of Powers Last month, Judge Amy Berman Jackson denied the federal government’s motion to

points out that Nollan and Dolan would essentially be gutted if the government’s position prevails: We

new private schools, that seems much more troublesome. And if the Finnish government's control over the

realize that in many cases either government officials have panicked or are violating someone's civil liberties merely to

decentralized federalism, in part because the Supreme Court accepted the government's claims that the

of excepted longstanding prohibitions on carrying firearms –- i.e., “sensitive places such as schools and government buildings.” Indeed, federal law

leaked all over the media, that leading generals were openly questioning the government's strategy, and

products (likely in violation of U.S. trade commitments), furthers the federal government's environmentally destructive

a “foregone conclusion” and the Fifth Amendment privilege cannot block the government’s application. UPDATE: A

products (likely in violation of U.S. trade commitments), furthers the federal government's environmentally destructive

the reducing-danger arguments for the restriction, and the government’s proprietary role [if

the reducing-danger arguments for the restriction, and the government's proprietary role [if

take measures to protect itself. That's the nature of government, both good government and

Clear, simple, and consistently adhered-to rules that limit the government's power can help

many years,” but she called the listing “premature.” Her administration challenged the federal government’s data, as

principles. What is so unseemly here is ACU's apparent about face, from eagerly supporting FedEx's position to attacking

court to determine in the first instance whether the government’s interest in

The Great Depression was primarily the result of the U.S. government's interventionist economic policy

combat terrorism, rather than an elaborate charade to make people think the government's on top of