This is the Cator Daily Podcast for Friday, September 2nd, 2011.

I'm Caleb Brown.

The challenges to federalism are many from Obamacare to labor law, but the new health care law also

challenges the powers of Congress and the judiciary. Clint Bolick is director of

litigation at the Goldwater Institute, he's author of the Cato book, David's Hammer.

We spoke earlier this week in Phoenix, Arizona.

In the last general election, Arizona

was among four states that passed a ballot referendum

called Save Our Secret Ballot and it amended the Arizona Constitution to

protect the right to secret ballot in organizing union

elections. It was designed as an effort to forestall card check, the concept that

the Obama administration has been pushing to make private

sector unionizing much easier.

And it is now a part of Arizona's Constitution.

It was enacted in all four states, Utah,

South Dakota, and South Carolina being the others.

By majorities ranging from 60 to 86% of the vote and it is now under attack by the

Obama administration which filed a lawsuit challenging Arizona's save our

secret ballot as being preempted by federal labor law.

So we are defending save our secret ballot in federal court right now.

But what is the administration's argument? Well ironically the

administration is saying that federal labor law which has protected the

...