1. The Tug of War Over the U.S. Constitution
David Davenport
Crystal Serenity
February, 2011

2. Constitution in the News (Federal)
Reading of Constitution in House
Requirement to show Constitutional power for new bill
States can repeal federal laws?

3. Constitution In the News (States)
27 states sue over healthcare reform
Major same-sex marriage cases
Arizona immigration law challenged

4. Federal-State Tug of War
Supremacy clause
Commerce clause
Tenth Amendment
Conditional spending power

5. Healthcare and Constitution

6. Unfunded Mandates

7. States Forced to Conform Medicaid

8. Individual Mandate: The Commerce Clause

9. Individual Mandate: The Taxing Power
Is the $650 charge a penalty or a tax?
Is the taxing authority this broad?

10. The Role of Public Opinion

11. Immigration Reform

12. Supremacy Clause and Federal Preemption
Article VI: “This Constitution….and
the laws of the
United States….
shall be the
Supreme law of the land.”
Federal preemption
vs.
Complementary
Jurisdiction

13. Arizona Law Complementary?

14. Other States Have Immigration Laws

15. Same Sex Marriage

16. 10th Amendment Reserves Power to States

17. Education a Classic State and Local Matter

18. But Education Presidents Began to Federalize Education

19. Presidents Federalize Education

20. Conditional Spending Power Is Limited

21. Tipping Point for States

22. FDR’s Constitutional Challenges

23. How Will Justices Decide?

24. My Own View