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State and Local Government Law

Selected Works

Federalism

Articles 1 - 5 of 5

Full-Text Articles in Legislation

Invisible Federalism And The Electoral College, Derek Muller Dec 2011

Invisible Federalism And The Electoral College, Derek Muller

Derek T. Muller

What role do States have when the Electoral College disappears? With the enactment of the National Popular Vote on the horizon and an imminent presidential election in which a nationwide popular vote determines the winner, States would continue to do what they have done for hundreds of years — administer elections. The Constitution empowers States to decide who votes for president, and States choose who qualifies to vote based on factors like age or felon status. This power of States, a kind of “invisible federalism,” is all but ignored in Electoral College reform efforts. In fact, the power of the …


Papers, Please: Does The Constitution Permit The States A Role In Immigration Enforcement?, John C. Eastman Dec 2011

Papers, Please: Does The Constitution Permit The States A Role In Immigration Enforcement?, John C. Eastman

John C. Eastman

This Essay explores the legal challenges two immigration bills, Arizona’s 2010 S.B. 1070 and Alabama’s 2011 H.B. 56, and addresses how the Department of Justice (DOJ) fundamentally misunderstands the nature of state sovereignty and federalism, and concludes that, with the possible exception of one provision of the Arizona law, the states are acting well within their authority to protect the health, safety, and welfare of their residents without intruding on the plenary power over immigration and naturalization that the U.S.  Constitution vests in Congress.


Should Federalism Shield Corruption?—Mail Fraud, State Law And Post-Lopez Analysis, George D. Brown Nov 2011

Should Federalism Shield Corruption?—Mail Fraud, State Law And Post-Lopez Analysis, George D. Brown

George D. Brown

In this Article, Professor Brown examines the issues that federal prosecutions of state and local officials pose. The analysis focuses on prosecutions under the mail fraud statute and considers the general debate over the proper scope of federal criminal law. Professor Brodin addresses the question of whether a re-examination of mail fraud would focus on constitutional or statutory issues and by utilizing the Supreme Court case United States v. Lopez examines the question of internal limits on the mail fraud statute.


Federal Funds And National Supremacy: The Role Of State Legislatures In Federal Grant Programs, George D. Brown Dec 1978

Federal Funds And National Supremacy: The Role Of State Legislatures In Federal Grant Programs, George D. Brown

George D. Brown

No abstract provided.


Beyond The New Federalism: Revenue Sharing In Perspective, George D. Brown Nov 1977

Beyond The New Federalism: Revenue Sharing In Perspective, George D. Brown

George D. Brown

In 1972 Congress added General Revenue Sharing to the list of federal grant-in-aid programs for states and localities. President Nixon had recommended Revenue Sharing, as apart of his "New Federalism," because it would foster local autonomy by minimizing federal restrictions on the grants. When General Revenue Sharing was renewed in 1976, Congress made no changes in the formula, leading some commentators to minimize the significance of those changes which were made. Professor Brown argues that the 1976 renewal amendments to the Revenue Sharing Act are an example of "interventionist federalism," a new form of federal influence over state and local …