Thursday audio. No class Monday; enjoy Labor Day. Panel # 3 Reax Papers due at noon Tuesday. Panel # 4 Reax Papers due by 7 p.m. Thursday. Send to yffd@fiu.edu. I don't look, but if you want to ensure no one can see which paper is yours, go under "Properties: Summary" and delete your name from the Author space.
We continue with Regulation of State Governments. How does the Court find an anti-commandeering principle in the Constitution and where does it look and in what order? What are the policy arguments for and against it? If Congress cannot commandeer states, what could it do to achieve its goal in New York, Printz, and Murphy? What if Congress needs state help to enforce federal law? How do the principles in this section resolve current controversies over "sanctuary cities?" What about President Trump's new order to strip funds from "anarchist cities?"
We then turn to Balance of Legislative and Executive Power (Panel #6); read all three sub-parts. What is the difference between a presidential system and a parliamentary system? How did the (unexpected) development of political parties affect the U.S. separation of powers between Congress and the President? What powers does the President have and are there limits? How did Hamilton and Madison disagree on this point? Compare Art. I §§ 1 and 8 with Art. II §§ 1 and 2; what is the textual argument that the legislative power enumerated and the executive power broader?
Look at the majority and Jackson concurrent in Youngstown Steel; what are the three categories of executive power and what is the scope of each? How does Youngstown apply to all of the remaining cases in this section? How can Congress limit the power of the executive and when is the executive power greater?
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