Favoring States

constitutional caucus: 100 members trying to scale back fed power

powers not given to fed reserved for states

• weak central gov
• no executive
• can't enforce tax or raise army

broader protection of civil rights than federal; distrust of elected officials as reaction to Reagan; amended over 500 times

reagan federalism: gradual return to power of states

• $ to states
• formula bases
• increase fed power too???

nullification of fed law by states

broader rights than fed protection

state cannot be mandated by Fed Gov to perform duties temporarily (Brady Bill handgun act -- background checks on gun purchasers)

Fed Gov can’t criminalize gun possession and regulate as economic activity

• Congress may not use its powers to repeal a state's sovereign immunity from private suits in its own courts
• 11th amendment: States are immune from suits
• in their own courts

uphold state law exempting aliens from strict scrutiny equal protection as probation officers because they hold power over the individual

slaves not citizens (if slave in one state, can't be free in another -- original state law rules)

state's immunity (b/c complaint is against something state run)

Congress cannot regulate prostitution per se – states sovereignty

Double jeopardy not a fundamental right

separate but equal

DEA coopting interview -- 6th amendment (right to counsel) not violated