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Preempting Discriminatory State or Local Taxes: Does Congress Have a Role?

Federalist Society White Paper
Erin M. Hawley March 24, 2015

This White Paper discusses Congress' ability to use the Commerce Clause to preempt discriminatory state or local taxes.  Prof. Erin M. Hawley from the University of Missouri School of Law argues, "when Congress acts to preempt local laws that discriminate against interstate commerce it is on strong constitutional footing—indeed, such legislation gives effect to the Framer’s vision of a fair and uniform national economic market." [Read Now!]

High Stakes: The FCC Gambles with America’s Global Leadership

Engage Volume 15, Issue 3
Kenneth T. Cuccinelli February 06, 2015

As early as the end of February, the Federal Communications Commission is poised to fundamentally unravel the light touch regulatory approach to Internet governance that has made America the world leader in broadband Internet access.  The Commission is prepared to vote on an order that would apply 1930s monopoly-era telephone rules to the Internet, reversing over 15 years of successful bipartisan actions...[Read More!]

Did Congress Really Give the Secretary of Homeland Security Unfettered Discretion Back in 1986 to Confer Legal Immigrant Status on Whomever He Wishes?

Engage Volume 15, Issue 3
John C. Eastman January 14, 2015

On November 20, 2014, President Obama announced that he was unilaterally suspending deportation proceedings against millions of illegal immigrants.  Despite the President’s claim that his actions were simply “the kinds of actions taken by every single Republican president and every single Democratic President for the past half century,” whether or not prosecutorial discretion can be stretched so far is actually an issue of first impression.  But as serious as that issue is, it masks a much more fundamental constitutional question about executive power...[Read More!]