The Supreme Court’s apparent decision to send the abortion issue back to the states may be a triumph for federalism and the concept of the separation of powers, but it is also a recipe for unyielding division. Abortion politics will become even more of a litmus test for tens of millions of pro-choice and pro-life voters at the local, state, and federal levels because their legislators will have far more power to shape policy. This, in turn, will further polarize our politics and empower the extremes because many voters will likely back candidates no matter their position on schools, crime, housing, jobs and debt, so long as they are the right kind of “pro.”Read More
President Joe Biden’s COVID-19 vaccine mandates have been running into trouble in the courts, with the U.S. Supreme Court striking down the mandate for large businesses, and several judges stopping his mandate for federal contractors. The latest one to do so is Judge Michael Liburdi of the U.S. District Court for the District of Arizona in Phoenix, who ruled on Jan. 27 that the Biden administration lacked authority to implement the mandate.
Arizona Attorney General Mark Brnovich brought the lawsuit against the Biden administration over that mandate and others. He told The Arizona Sun Times, “If left unchecked, these unlawful and unconstitutional mandates would essentially override the Ninth and Tenth Amendments to our Constitution, and eviscerate the most basic health care freedoms of millions of Americans. It’s federal overreach at its worst. I will continue to stand up for Arizona. I’m proud to have led the fight against the Biden Administration’s unprecedented power grab. The government shouldn’t be your nanny, and it doesn’t get to be your doctor either.”Read More
Arizona Attorney General Mark Brnovich is getting involved in another fight to combat election fraud, this time leading a coalition of eight other attorneys general in an amicus curiae brief at the Supreme Court regarding North Carolina’s voter ID law. They argued in Berger v. North Carolina State Conference of the NAACP that North Carolina’s General Assembly should be able to defend the law in court instead of Democratic North Carolina Gov. Roy Cooper, since he opposed the law.
“It is incumbent on public servants to stand up and defend laws when others cower to political pressure,” Brnovich said in a statement. “I am proud that our recent win at the U.S. Supreme Court upheld the ability of states to administer elections and pass laws to protect the results.”Read More
Arizona gubernatorial candidate Kari Lake unveiled a border security plan aimed at circumventing the federal government through the creation of an interstate compact.
Titled “Defend Arizona: We will do what Washington will not,” her plan will bring states together to use Article I, Section 10 of the U.S. Constitution to “declare their territories as under invasion and declare it their sovereign right to secure the borders of the United States.” Lake told The Arizona Sun Times, “The people of Arizona and the people of this country are dying to have real solutions to bring sanity and the security back to the border.”Read More
Three Arizona members of Congress are joining in on a lawsuit against the Biden administration over its COVID-19 vaccine mandate for businesses with 100 or more employees. Reps. Paul Gosar (R-04-Ariz.), Andy Biggs (R-05-Ariz.), and Debbie Lesko (R-08-Ariz.) along with 180 other members of the U.S. House of Representatives and U.S. Senate filed an amicus curiae brief in NFIB v. OSHA challenging the authority of the Occupational Safety and Health Administration (OSHA) to implement the mandate.
The members of Congress argued that the mandate violates federalism, encroaching on the states’ authority. “[T]he sudden ‘discovery’ of authority under the OSH Act confirms that it was never intended to displace state authority in this area.” They assert, “Congress did not give that power to an agency bureaucrat.”Read More
The principles and policies of America’s original progressives have received renewed attention over the last decade, both in academia and in public discourse. Today’s progressive politicians and intellectuals have pointed to their roots in the original progressive movement; moreover, the connections between the original progressive calls for reform and the language and shape of our politics today have become increasingly obvious. In what follows, the relevance of original progressivism to government today will be more fully explored. There is no better place to begin than with our administrative state. This essay deals with the general principles of the administrative state and its roots in the original progressive movement.
The term “administrative state” has come to have a variety of meanings, but at its core it points to the situation in contemporary American government, created largely although not entirely by Franklin Roosevelt’s New Deal, whereby a large, unelected bureaucracy is empowered with significant governing authority. The fundamental question for many of those making reference to an “administrative state” is how it can be squared with government by consent and with the constitutional separation-of-powers system.Read More
The back-to-school mask wars have been heating up for weeks, but the Biden administration just took them to a whole new level. On Wednesday, the president ordered the US Department of Education to use all available measures to prohibit states from banning school mask mandates.
In his remarks, Biden decried the contentious school board meetings that have occurred in districts across the country as parents argue for and against school mask mandates. He indicated that the “intimidation and the threats we’re seeing across the country,” from concerned citizens who oppose mask mandates “are wrong. They’re unacceptable.”Read More
The Framers left us a Constitution that gives powers and authority both to the national government and to the states. But the Constitution does not systematically expound on the nature and extent of those powers, nor does it offer a clear-cut rationale for what the states are supposed to do beyond checking national power – a theoretical deficiency rooted in political reality.Read More
Wednesday morning on the Tennessee Star Report, host Michael Patrick Leahy welcomed the original all-star panelist Crom Carmichael to the studio to discuss the nature of markets, competition, and federalism and it’s place in the national landscape.Read More
A prominent conservative organization has asked the U.S. Supreme Court to consider a case involving Tennessee’s participation in the federal refugee resettlement program.Read More
In order to combat the Chinese coronavirus and to save as many lives as possible, 42 states have issued stay at home orders, and another three have some parts of their states closed, in order to combat the Chinese coronavirus. All 50 states have schools closed. In addition, with the national emergency declared by President Donald Trump, including the overseas travel bans to China and Europe, social distancing, private sector testing and treatments being authorized on an emergency basis, the White House coronavirus task force has credited these closures in part with helping to slowing the total number of cases, which in turn has, according to the models touted by the medical community, already saved hundreds of thousands of lives.
Countries all over the world have resorted to similar national lockdowns in order to win the war on the virus. The unfortunate side effect of the closures is the U.S. and global economies have effectively been shut down except for essential services, resulting in exceptionally high levels of unemployment. In the U.S., anywhere from 17 million to 20 million jobs have already been lost, with many more to come for every week the economy remains closed.Read More
U.S. Rep. Mark Green (R-TN-07) said in a new FOX News column this week that federalism is the only thing that can save America. Under such a system, Green wrote, if U.S. Rep. Alexandria Ocasio-Cortez (D-NY-14) wants universal rent control then she can have it in her home state…Read More
Under the original Constitution, and even with its subsequent amendments, power was supposed to be distributed between the federal and state and local governments, with the idea that the national government would have the fewest powers to affect local administration except in certain areas.Read More
This is the second part of the second of twenty-five weekly articles in The Tennessee Star’s Constitution Series. Students in grades 8 through 12 can sign up here to participate in The Tennessee Star’s Constitution Bee, which will be held on September 23. Federalism is a foundational concept framed…Read More