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Anatomy Of The Federal Litigation: Challenging The Legislature's Actions In The Wake Of Guinn V. Legislature, John C. Eastman
Anatomy Of The Federal Litigation: Challenging The Legislature's Actions In The Wake Of Guinn V. Legislature, John C. Eastman
John C. Eastman
In July 2003, the Supreme Court of Nevada issued an extraordinary writ of mandate to the Nevada Legislature, directing it to enact a bill raising taxes to support increased education spending, by a simple majority vote rather than the 2/3 vote required by the Nevada Constitution. This article describes the federal court litigation that was filed to challenge that ruling, and explores the merits of the case, both procedurallyl and substantively. Most importantly, the article explores the meaning of the Republican Guaranty Clause of Article IV of the U.S. Constitution, and Justice O'Connor's invitation in New York v. United States …
The Revival Of Federalism, John C. Eastman
The Revival Of Federalism, John C. Eastman
John C. Eastman
This article explores the efforts over the past quarter century by the conservative public interest law movement to revive the principle of federalism and, ultimately, the notion that the federal government is one of only limited, enumerated powers. Focussing on the Commerce Clause, the article traces the original meaning of the powers of the federal government over interstate commerce, as those powers were understood by those who drafted and ratified the Constitution, and contrasts that understanding with the expansionist view of the Commerce Clause adopted by the New Deal Court, which became the ruling orthodoxy for more than half a …