1. The Federal-State Tug of War in the Courts David Davenport Hoover Institution September 2010

2. Constitution In the News  22 states sue over healthcare reform  Major same-sex marriage cases  Arizona immigration law challenged

3. Federal-State Tug of War Supremacy clauseSupremacy clause Commerce clauseCommerce clause Tenth AmendmentTenth Amendment Conditional spending powerConditional spending power

4. Healthcare and Constitution

5. Unfunded Mandates

6. States Forced to Conform Medicaid

7. Individual Mandate: The Commerce Clause

8. Individual Mandate: The Taxing Power Is the $650 charge a penalty or a tax?Is the $650 charge a penalty or a tax? Is the taxing authority this broad?Is the taxing authority this broad?

9. The Role of Public Opinion

10. Immigration Reform

11. Supremacy Clause and Federal Preemption Article VI: “This Constitution….and the laws of the the laws of the United States…. United States…. shall be the shall be the Supreme law of the land.” Supreme law of the land.” Federal preemption Federal preemption vs. vs. Complementary Complementary Jurisdiction Jurisdiction

12. Arizona Law Complementary?

13. Other States Have Immigration Laws

14. Same Sex Marriage

15. 10th Amendment Reserves Power to States

16. Education a Classic State and Local Matter

17. But Education Presidents Began to Federalize Education

18. Presidents Federalize Education

19. Conditional Spending Power Is Limited

20. Tipping Point for States

21. FDR’s Constitutional Challenges

22. How Will Justices Decide?

23. My Own View