tag:blogger.com,1999:blog-5705719339981188195.post1279065211838217600..comments2024-01-04T09:58:13.356-05:00Comments on Persuasive Authorities: State Resistance to Federal Authority: Part 2Unknownnoreply@blogger.comBlogger4125tag:blogger.com,1999:blog-5705719339981188195.post-58326855710555815592010-03-31T00:15:20.891-04:002010-03-31T00:15:20.891-04:00To the extent, if any, that state legislatures act...To the extent, if any, that state legislatures actually mean something more than crass politics, there's a simple way for them to demonstrate their resolve such that voters will immediately take notice of their principled stand: decline federal Medicaid funding and all of the strings attached to it.<br /><br />Of course, I rather doubt that any state legislature is prepared to do that, so the feigned rebellion is precisely that.Anonymoushttps://www.blogger.com/profile/05339801131004048784noreply@blogger.comtag:blogger.com,1999:blog-5705719339981188195.post-35749754722732228342010-03-17T15:56:06.412-04:002010-03-17T15:56:06.412-04:00Paul Horwitz is exploring a similar line of inquir...Paul Horwitz is exploring a similar line of inquiry over at PrawfsBlawg. He casts the debate in terms of sovereignty: http://prawfsblawg.blogs.com/prawfsblawg/2010/03/sovereignty-again.html.Richard Alberthttps://www.blogger.com/profile/02230047824468034053noreply@blogger.comtag:blogger.com,1999:blog-5705719339981188195.post-53820854489159660142010-03-17T10:48:36.192-04:002010-03-17T10:48:36.192-04:00Yes, definitely. Federalism has always been a tool...Yes, definitely. Federalism has always been a tool for states to assert authority, and the supreme court has not always been clear about what the lines are. Think about National League of Cities v. Usery or Metropolitan Authority v. Garcia, or U.S. v. New York, for example.Adam Shinarhttps://www.blogger.com/profile/10165846122103746240noreply@blogger.comtag:blogger.com,1999:blog-5705719339981188195.post-25019288805402686652010-03-17T10:06:57.786-04:002010-03-17T10:06:57.786-04:00Adam, very interesting and timely post. But how do...Adam, very interesting and timely post. But how do federalism issues (if any) figure in state resistance scenarios, not just in health care, but also gun ownership (as in recent attempts by South Dakota and Wyoming to declare 'gun freedom'? Generally speaking, can the principle of federalism itself be a tool of resistance, given that as you say, constitutional law is indeterminate?anna suhttps://www.blogger.com/profile/14927814636444539255noreply@blogger.com