Learning Constitutional Law

When the Top Dog is the States


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Hi all; welcome to part 3 of our discussion on federalism! In this last episode on federalism, we will cover "reserved" powers and a range of associated concepts with that topic: dormant-power theory, mutual-exclusiveness theory, and selective-exclusiveness theory. I'm not going to lie, these are complex concepts and hard to apply/understand. That said, do your best and try to focus more on getting an understanding of state "police powers", the tests we apply in relation to commerce, and the notion of "preemption". The last portion of this episode covers guidance on our peer reviews, so be sure to catch that if you have any questions on that assignment and process!

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Learning Constitutional LawBy Jennifer Miller