Federalism in the 21st Century: Balancing States' Rights with Federal Power

When a draft of the United States Constitution was approved by the Constitutional Convention in September of 1787, and sent to the states for ratification by the people, many delegates to the ratifying conventions were deeply concerned about what impact the newly envisioned national government would have on the states that comprised the union. Since that time, the role and power of the federal government have increased substantially, while the role
and power of several states have diminished in comparison. The panel will discuss current Supreme Court federalism jurisprudence, offer their predictions on the direction the Roberts' court is likely to take, and debate the proper balance between federal and state power.

Introduction: Hon. Milan D. Smith, Jr., Circuit Judge
U.S. Court of Appeals for the Ninth Circuit

Moderator: Erwin Chemerinsky, Founding Dean, University of California
Irvine School of Law

Panelists:
Lynn A. Baker, Frederick M. Baron Chair in Law, University of Texas, School of Law

David Oedel, Professor of Constitutional Law, Mercer University Law School

Edward Rubin, Professor of Law and Political Science, Vanderbilt University

Erin Ryan, Haiyang Daxue in 2011 and Lewis & Clark Law School in 2012

Recorded:
August 16, 2011
2011 Ninth Circuit Judicial Conference

Category:

Education

Tags:

• Federalism
• States'
• Rights