Enforcing Federal Priorities Through Commandeering and Financial Threats (May 2017) [17864-WBR]

Enforcing Federal Priorities Through Commandeering and Financial Threats (May 2017) [17864-WBR]

Original Program Date: May 24, 2017
Duration: 1 hours, 26 minutes
Credits: Other: 1.50
List Price:$67.50
Purchase Agreement

A webinar consists of one or more instructors delivering content primarily via audio and a PowerPointTM presentation. Unlike in a video, you will not see the instructor; you will only hear his/her voice and see the PowerPointTM presentation on your screen as the instructor delivers the material. You will recieve a PDF of the coursebook, just as you would for a recorded video or audio seminar.

This program was a live webinar presented on May 24, 2017, in Seattle, WA. If you attended the live seminar or webcast and reported CLE credits, you cannot also report credits from watching or listening to this recording.

One of America’s well-kept political secrets is that the federal government has limited staff and limited resources, and for decades has relied on the states to carry out many of its programs. But under the U.S. Constitution, the Federal Government also has limited tools for causing the states to participate in those programs. In recent years, the Rehnquist and Roberts courts rejected attempts by the national government to “commandeer” the states, leaving Washington D.C. with just a couple of weapons: dollars, and the Commerce Clause. But Supreme Courts committed to state prerogatives have narrowed both of those tools as well, leaving the Trump Administration with limited legal avenues for causing state and local governments to collaborate on immigration enforcement, health care, environmental policy, among others.

This webinar reviews the history—starting with the Revolution—of the national government’s attempts to recruit the states to assist in carrying out federal programs and priorities. It then focuses on recent federal attempts to entice and coerce the states into helping the national government, attempts repeatedly blocked by “conservative” majorities on the U.S. Supreme Court. The most recent example is John Roberts’ lead opinion in NFIB v. Sebelius, which undercut President Obama’s use of the Spending Power and the Commerce Clause to enforce state participation under the Affordable Care Act. NFIB and similar court decisions will now constrain the Trump Administration as well.

Presenter: Hugh Spitzer – University of Washington School of Law, Seattle

Coursebook contains 35 pages.

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