David Chen (New York University School of Law) has posted Anti-Coercion Beyond the Spending Clause (California Law Review, forthcoming) on SSRN. Here is the abstract: NFIB v. Sebelius announced a constitutional anti-coercion principle: the federal government may neither directly commandeer state capacity, nor indirectly coerce states to give that capacity up. Yet, for all the headlines the opinion generated, the conventional understanding remains that anti-coercion applies only to exercises of the spending power.

J. Benton Heath (Temple University Beasley School of Law) has posted The Chokepoint State on SSRN. Here is the abstract: This paper argues that the second Trump administration is crystallizing a new phase of U.S. state-building—the Chokepoint State. In the Chokepoint State, state capacity is directed toward creating and controlling key nodes in financial and data networks, with the aim of using that control to punish adversaries, reward allies, and set new rules of the road.

<p>NFIB v. Sebelius announced a constitutional anti-coercion principle: the federal government may neither directly commandeer state capacity, nor indirectly co

Recent books and law review articles discuss voter disenfranchisement, separation of church and state, and much more.

<p><span>By many accounts, administrative adjudication is in crisis. Congressional design choices and the Supreme Court’s embrace of unitary executive theory ha

A federal judge is prohibiting the separation of families at the border for purposes of deterring immigration for eight years. U.S.