meta_pixel
Tapesearch Logo
Log in
We the People

Federalism under President Trump

We the People

National Constitution Center

News, News Commentary, History

4.61.1K Ratings

🗓️ 18 January 2018

⏱️ 48 minutes

🧾️ Download transcript

Summary

The relationship between the federal  government and the states is currently at the center of controversies about sports gambling, marijuana use and sanctuary cities policies. In the past year, these and related issues have come before federal courts, including the Supreme Court. In December 2017, the Supreme Court heard oral arguments in Christie v. NCAA, a case that examines whether a federal law that prohibits the modification or repeal of state gambling laws violates the Tenth Amendment and the anti-commandeering doctrine that bars the federal government from imposing certain costs on local government. The anti-commandeering doctrine is also at the heart of several federal lawsuits about the legal status of sanctuary cities. And Attorney General Jeff Sessions’ decision to reverse marijuana prosecution guidelines for federal attorneys in states with legal recreational marijuana has broad potential constitutional implications. Joining Jeffrey Rosen, president and CEO of the National Constitution Center, to discuss these questions are two leading national constitutional experts. Michael Dorf is Robert S. Stevens Professor of Law at Cornell Law School. Ilya Shapiro is a senior fellow in constitutional studies at the Cato Institute and editor-in-chief of the Cato Supreme Court Review. Questions or comments? We would love to hear from you. Contact the We the People team at podcast@constitutioncenter.org And don't forget to take our new podcast survey at constitutioncenter.org/survey

Transcript

Click on a timestamp to play from that location

0:00.0

I'm Jeffrey Rosen, president and CEO of the National Constitution Center and welcome to

0:09.5

We The People, a weekly show of constitutional debate.

0:13.0

The National Constitution Center is the only institution in America, chartered by Congress

0:18.0

to disseminate information about the U.S. Constitution on a nonpartisan basis in order to increase awareness and understanding of the

0:25.4

US Constitution among the American people. On December 4th the Supreme Court heard

0:30.3

oral arguments in Christie versus NCA, a case that examines

0:34.6

whether federal law that prohibits the modification or repeal of state

0:38.6

gambling laws, violates the Tenth Amendment, which

0:41.5

protects states' rights,

0:43.0

and a doctrine called the anti-commandeering doctrine.

0:46.0

That case has really interesting implications

0:48.2

for a series of debates that are roiling the news,

0:51.6

ranging from marijuana enforcement to the legal status of

0:55.1

sanctuary cities to immigration. Joining us to discuss these important

0:59.6

federalism questions are two of America's leading scholars of

1:02.1

constitutional law members of the and is Robert S Stevens Professor of Law at Cornell Law School.

1:13.2

Ilia Shapiro is Senior Fellow in Constitutional Studies at the Cato Institute,

1:17.6

an editor-in-chief of the Cato Supreme Court Review.

1:20.2

Michael, Ilia, it's so wonderful to have you back.

1:23.0

Great to be here Jeff.

1:25.0

And especially good to be on this topic. I'm so high on federalism.

1:29.0

Nice. Well, since you're high in federalism, you get to start by stating the facts.

...

Please login to see the full transcript.

Disclaimer: The podcast and artwork embedded on this page are from National Constitution Center, and are the property of its owner and not affiliated with or endorsed by Tapesearch.

Generated transcripts are the property of National Constitution Center and are distributed freely under the Fair Use doctrine. Transcripts generated by Tapesearch are not guaranteed to be accurate.

Copyright © Tapesearch 2026.