Articles
The Dawn Of The Post-Trump Era
Donald Trump remains in the White House, but the midterms have made him a lame duck.
November 5, 2026
Published February 18, 2020
The Supreme Court is in a position to restore federalism to the balance originally envisioned in the Constitution. Over the twentieth century, the balance of power between states and the federal government has shifted as a result of overly expansive interpretations of the spending and commerce clauses.
Discussion Questions:
- Is federalism an anachronistic expectation?
- Do you agree with Justice Thomas’s dissenting opinion in Gonzalez v. Raich (2005)?
Additional resources:
- Read “The Supreme Court Should Make Politics Local Again” by John Yoo and James C. Phillips, available here.
- Read “A Clash of Judicial Visions” by John Yoo and James C. Phillips, available here.
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