Federalism

It may be that, when the Supreme Court rules on state power to monitor and restrict the activities of people who have entered the U.S. illegally and remain without permission, the Justices will give states additional authority. But it seems doubtful.

It seems likely that the final ruling will not emerge until late June -- no doubt, placing it in the midst of the federal election campaign already in progress.

The Supreme Court turns its attention this week to the emotional subject of immigration controls. At issue is the constitutionality of a 2010 Arizona law so widely known that its very title -- S.B. 1070 -- seems enough to start a political argument.

An emphasis on minority rule isn't intended to denigrate the importance of minority rights. It is simply to insist that while rights are a necessary condition for equality, they may not be a sufficient one.

WASHINGTON -– One thing is certain. There is no Tea Party. There are only tea parties. In other words, two years after the birth of a new force ...

Contrary to the claims of the state plaintiffs who have sued over federal health care reform, many state leaders think that the Affordable Care Act is not only constitutional -- but also a great step forward for their states and their citizens.

While I strongly disagree with the modern libertarian movement, I understand why my government-averse friends believe the things they believe, as opposed to, say, my friends who are Yankee fans.

Progressives shouldn't give up on the push to rewrite a federal tax code that has become ever more tilted to the upper class. But there are other fronts in the battle against inequality besides Washington, D.C.

We are still a partial, blocked, half-way democracy, for the simple reason that our constitutional system incorporates central features intended to frustrate the will of the majority.

A federal judge in Boston has ruled unconstitutional the portion of the Defense of Marriage Act (DOMA) that limits federal benefits to straight couples even in states that recognize gay marriage.

Health care reform preserves the states' longstanding role in protecting the health and welfare of their residents and reflects the partnership between the federal government and the states at its best.

The STAND UP ACT is a mistake and should be reconsidered. If this bill's supporters believe new drivers need time to ease into driving then this bill should apply to all new drivers, not just new drivers under 18.

Instead of embracing the benefits provided by government, in the United States much as in Europe (though for different reasons) fiscal federalism has been endorsed as an economic accelerant rather than a public good.

The current anti-federal mongering, particularly by the Far Right, is not only wrong-headed, it is dangerous. And it threatens to upset the balance between our state and federal governments.

America is currently locked in one of its recurring half-century battles over the size of banks. Once more, we see Thomas Jefferson and Alexander Hamilton going head-to-head; once more, Hamilton is winning.

The most obvious consequence of this tactic would be to expose the GOP minority for what they are: obstructionists. It's obvious that the Republicans are filibustering for the sake of filibustering.

Precisely because Americans are easily distracted -- because, as study after study shows, they are clueless about their rights -- the American governmental scheme is sliding ever closer toward authoritarianism.

For our children and our country's future, now is the time to plot a bold new course in education reform, rather than continue along the cautious and unsuccessful path we have been on for so long.