Search for: "Commander v. State" Results 461 - 480 of 5,596
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18 Nov 2022, 4:32 pm by Jonathan H. Adler
This appeal concerns a challenge brought by Kentucky and Tennessee ("the States") to what they allege is an ambiguous, coercive, and commandeering condition attached to those funds. [read post]
18 Nov 2022, 6:16 am by Brad Carney, Olivia B. Hoff
Deterring strategic attacks against the United States, allies, and partners. [read post]
16 Nov 2022, 4:00 am by Guest Author
” Although not every lawyer or legal academic adhering to the Court’s views is on the political right, the ascendancy of both contemporary originalism and unitary executive theory has everything to do with their attractiveness to conservatives in the wake of Brown v. [read post]
15 Nov 2022, 9:01 pm by Neil H. Buchanan
If a state were to pass a law today saying that, say, its governor will decide which slate of electors will represent the state in the Electoral College every four years, that law would not violate the United States Constitution.Now, however, such laws have no prospect of being passed in enough states to guarantee a Republican win in 2024. [read post]
13 Nov 2022, 9:05 pm by Dr. Michael Fisher
FSIS replaced the active “command and control” of the Inspector-in-Charge with the passive aggressive “command and control” of the District Manager. [read post]
10 Nov 2022, 7:32 am by Michael C. Dorf
Three main constitutional issues are presented: whether (1) ICWA falls within the scope of Congress's so-called plenary power over relations with and regarding Indian tribes; (2) whether the obligations that ICWA places on state and local child welfare agencies constitute unconstitutional commandeering of the state; and (3) whether ICWA obligates state courts (and/or other state actors) to use a suspect racial classification, thus triggering (and… [read post]
10 Nov 2022, 5:57 am by David Bernstein
Yesterday, the Supreme Court held oral arguments in Brackeen v. [read post]
The anti-commandeering doctrine bars the federal government from requiring the states to enforce federal laws. [read post]