Constitutional Law
Utah should not allow the federal government to gamble away federalism
Utah should not allow the federal government to gamble away federalism Written by The U.S. Constitution recognizes the broad authority of states in areas like criminal law while limiting the power of the national government.…
Utah should not allow the federal government to gamble away federalism
Our system of federalism, whereby the sovereign people assign some tasks to the national government and reserve the majority to the states, is one of the most striking and consequential features of the Constitution. It …
The constitutional case for Utah Fits All
The constitutional case for Utah Fits All Written by The Utah Education Association is challenging a state program that allows families in need to receive scholarships so their children can access educational resources…
The constitutional case for Utah Fits All
The Utah Education Association is challenging a state program that allows families in need to receive scholarships so their children can access educational resources outside the public school system. The Utah Supreme Court…
A New Year’s resolution worth keeping: Restoring the balance between states and Washington
A New Year’s resolution worth keeping: Restoring the balance between states and Washington Written by Federal promises are outpacing federal dollars, pushing costs onto states. “Guidance” from federal agencies often functions…
A New Year’s resolution worth keeping: Restoring the balance between states and Washington
A good New Year’s resolution for governments would be to renew their focus on the respective roles of state and national governments. Specifically, to return to the constitutional design of limiting federal lawmaking to the…
Why the Supreme Court should rein in lawfare against nonprofits
Why the Supreme Court should rein in lawfare against nonprofits Written by “Lawfare” is a term for using legal proceedings to harm a political opponent. The U.S. Supreme Court recently heard oral arguments in a case that…
Why the Supreme Court should rein in lawfare against nonprofits
One of the least attractive features of our current political atmosphere of polarization is the practice of “lawfare.” I’m not sure where this neologism originated, but it seems to have become trendy in the past few years.…
In redistricting dispute, don’t lose focus on the constitution
Originally published in Utah Policy. A court decision last week replacing the Utah Legislature’s congressional district map with one favored by interest groups has become a source of partisan wrangling. In responding to this…
In redistricting dispute, don’t lose focus on the constitution
In redistricting dispute, don’t lose focus on the constitution Written by Originally published in Utah Policy. A court decision last week replacing the Utah Legislature’s congressional district map with one favored by…
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