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Federalism in the US

21/10/2020 Client: m166 Deadline: 24 Hours

Read the attached article: RECONCEPTUALIZING FEDERALISM by Erwin Chemerinsky 




Cases: 


a. Geier v. American Honda Motor Co. 529. U.S. 861.


b. Lorillard Tobacco Co. v. Reilly. 533 U.S. 525 (2001).


c. Crosby v. National Foreign Trade Council. 530 U.S. 363.


d. American Insurance Association v. Garamendi. 539 U.S. 396 (2003)




1. Why does the author claim that these cases show that the Supreme Court goes against the defense of the power of the states?




2. a. Choose one of the 4 cases mentioned above in the list. Make a brief summary of the facts of the selected case. Analyze what the author of the article says about that case.


b. Explain how the author analyzes the case to affirm that it promotes the idea that  there is a presumption in favor of federal preemption.


c. Indicate, in your own words, why this presumption in favor of federal preemption goes against the public policy objectives promoted by the United States Constitution, according to the author.


d. Explain, in your own words, what is the author's final proposal on the importance of  federalism in the courts.






***Assignment must be a minimum of 5 pages. ***

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