State Sovereignty and U.S. Federalism

The Nature of the Union

A discussion of the historical and philosophical foundations of the United States as a federal republic, exploring concepts of delegated powers, reserved powers, and the balance of authority between the federal government and individual states. Consideration of different interpretations of the U.S. Constitution concerning the nature of the union – whether it is a perpetual compact or a voluntary association of states.

Constitutional Framework for State-Federal Relations

Examination of relevant articles and amendments of the U.S. Constitution that define the relationship between states and the federal government. This includes analysis of the Tenth Amendment (reserved powers), the Supremacy Clause (Article VI), and the Commerce Clause (Article I, Section 8), and how these provisions have been interpreted by the Supreme Court in landmark cases.

Legal and Constitutional Challenges to Federal Authority

An overview of historical and contemporary legal challenges raised by states against actions of the federal government. Focuses on cases involving disputes over federal authority in areas such as taxation, regulation of commerce, and the implementation of federal mandates.

Supreme Court Jurisprudence on State Sovereignty

Analysis of key Supreme Court decisions that have addressed the issue of state sovereignty, including Texas v. White (1869), which addressed the legality of secession during the Civil War era. Exploration of the Court's interpretations of the nature of the union and the limits on state power.

Historical Precedents and Arguments

Review of historical events and arguments related to states' rights, nullification, and secession movements in the United States, from the early Republic to the present day. Examination of the legal and political reasoning behind these movements and their consequences.

International Law Considerations

Discussion of the international legal implications of a subnational entity attempting to separate from a sovereign nation. Explores principles of self-determination, territorial integrity, and recognition of states under international law.

The Role of Federal Law Enforcement and Military Power

Consideration of the potential role of federal law enforcement agencies and the military in enforcing federal law and maintaining the integrity of the Union in the face of challenges to federal authority.