The relationship between the federal government and the states is currently at the center of controversies about sports gambling, marijuana use and sanctuary cities policies.
In the past year, these and related issues have come before federal courts, including the Supreme Court. Last month, the Supreme Court heard oral arguments in Christie v. NCAA, a case that examines whether a federal law that prohibits the modification or repeal of state gambling laws violates the Tenth Amendment and the anti-commandeering doctrine that bars the federal government from imposing certain costs on local government.
The anti-commandeering doctrine is also at the heart of several federal lawsuits about the legal status of sanctuary cities. And Attorney General Jeff Sessions’ decision to reverse marijuana prosecution guidelines for federal attorneys in states with legal recreational marijuana has broad potential constitutional implications.
Joining Jeffrey Rosen, president and CEO of the National Constitution Center, to discuss these questions are two leading national constitutional experts.
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Michael Dorf is Robert S. Stevens Professor of Law at Cornell Law School. He has written over 80 scholarly articles and essays on constitutional law and related subjects.
Ilya Shapiro is is a senior fellow in constitutional studies at the Cato Institute and editor-in-chief of the Cato Supreme Court Review.
Jeffrey Rosen is the President and Chief Executive Officer of the National Constitution Center, the only institution in America chartered by Congress “to disseminate information about the United States Constitution on a nonpartisan basis.” He is also a professor at The George Washington University Law School, and a contributing editor for The Atlantic.
Related Decisions and Documents
- Oral Argument Transcript in 16-476, Murphy v. NCAA, U.S. Supreme Court, December 4, 2017
- 28 U.S. Code Chapter 178 – Professional and Amateur Sports Protection (PASPA), 102d Congress, October 28, 1992
- DOJ Guidance Regarding Marijuana Enforcement, August 29, 2013 Memo to U.S. Attorneys from Deputy Attorney General James Cole
- DOJ Letter on Implementation of Executive Order 13768, May 22, 2017 Memo from Attorney General Jeff Sessions
- Opinion in Gonzales v. Raich, 545 U.S. 1 (2005), U.S. Supreme Court, June 6, 2005
- Opinion in Printz v. United States, 521 U.S. 898 (1997), U.S. Supreme Court, June 27, 1997
- Opinion in New York v. United States, 505 U.S. 144 (1992), U.S. Supreme Court, June 19, 1992
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