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Ilya Somin, “Federalism and the Roberts Court,” Publius (June, 2016): 1-22 (posted on Canvas, under “Files”)

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  1. What is Somin’s definition of federalism?
  2. Somin contends the Roberts Court’s federalism jurisprudence cannot be wholly understood along the left-right political divide.  What is Somin’s argument about how the Court’s jurisprudence can best be understood?  What evidence does he use to support this claim?

Gwen Arnold, “When Cooperative Federalism Isn’t: How U.S. Federal Interagency Contradictions Impede Effective Wetland Management,” Publius 45, no. 2 (Spring 2015): 244-269 (posted on Canvas, under “Files”)

  1. What is “cooperative federalism”? The word cooperation suggests that two entities have authority (sovereignty) regarding the actions taken to reach a common goal. Do the examples of cooperative federalism given in this article exemplify this common definition of “cooperation”?  Why or why not?
  2. What was the chief cause of the problem between the Corps of Engineers and the EPA?
  3. Who are the interested parties in the enforcement of federal statutes and regulations?

Jason Snead and John-Michael Seibler, “Cooperative Federalism and Low-Altitude Drone Operations,” Heritage Foundation (Dec. 15, 2017)

  1. What is the threshold for state and local authority versus federal authority of drone regulation under current law? What would the threshold be under the proposed Drone Federalism Act? Under the proposed law, why does the federal government get to regulate above a certain level?
  2. How does the concept of “preemption” apply to the current and proposed regulatory schemes for drones?
  3. What authority do the authors cite as supporting the idea of property rights and state/local-level regulatory authority outside of federal reach?
  4. What is the debate about?
  5. What is the “police power”?
  6. What are the arguments in favor of a state role in regulating drones? What favor a federal role?
  7. What is the argument the authors make for cooperative federalism?

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